hitachi capital just sent me a notice of legal proceedings

[helpmeee]

Hi im a bit stuck

 

Got a letter today from hitachi capital saying that unless i pay within 72 hours they will issue county court proceedings.

 

What can i do?

 

Background: have a few debts made arrangement with all the banks ( debt management, hitachi capital was good but because i was under stress and had 10 different token payments to make, i forgot about hitachi. when i realised, i tried to call them and pay and restart the arrangement. they refused and said theres nothing they can do now.

 

So whats going to happen? will they go and get a CCJ on me? the debt is 2275.59

 

the debt was because i bought some dfs sofa's a couple of years ago.

 

i dont know what to do. what happens now. i can't afford to pay them

[PGH7447]

Ooo 72 hrs how generous, send them a CCA request today by special delivery, this puts the account into dispute, they then have 12+2 days to reply with a valid consumer credit agreement. this will give you some breathing space.

 

The template is template N in the forum library, do not sign the letter and include the fee of £1.

 

see what they come back with, also have they added any charges which you may try and claim back?

[helpmeee]

they added 25 pounds to this letter and im sure about 50 quid in the last year. not really sure.

 

Can i ask them to send me a statement of charges?

[helpmeee]

thanks for the advice btw.

[PGH7447]

if you like you could send a S.A.R - (Subject Access Request) request instead of the CCA this would then make hem send all information regarding the account, including the credit agreement and statements and any defualts that have been registered, this cost £10 and the same rules apply, special delivery and do not sign it. they then have 40 days to comply but the account is still in dispute

[helpmeee]

Okay cool. i'll send a SAR by special delivery . i take it template letter is in the resources section?

 

i'll keep you guys posted once i hear back from them.

[PGH7447]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/96518-data-protection-act-subject.html

 

try this link

[helpmeee]

Thanks. doesnt seem to work. Dead page once i press launch.

[PGH7447]

Oops

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

you will need to amend this one to include what you want sent back

[helpmeee]

Thanks.

 

Is it worth me waiting for hitachi to sell the debt on to a DCA or wil they not sell the debt on?

 

 

 

anyways ive written both the caa and sar and ill post them on monday. I take it i should put them in different envelopes

 

attached the letter they sent to me. hoping history will help others once i get this resolved!

letter.pdf

Edited July 12, 2008 by helpmeee

[helpmeee]

hey

 

they sent me nothing. i spoke to them and the guy said he will get one posted out. it arrived today. it looks legit. i checked it according to the other post.

 

what now? they asking for full payment ( reduced slighty), or a monthly payment. I cant afford either.

 

They say next stage is CCJ then bailiffs. how likely is bailiffs?

 

im scared.

[cashins]

While back when Hitachi were trading as Nova, they came unstuck as it turned out most of the ags they put out were unenforceable, (hence the name change)

 

David

[pt2537]

can we have a look at what they sent you?

 

then we can advise if its enforceable or not