Help with Hitachi Capital Court Claim

[Paulyx]

Hi Everyone,

I'm new to this so please bear with me.

Basically we bought some Fitted Furniture and it was done on one of those 12 Month Interest Free Finance arrangements. We were told when we took out the agreement that they would write to us and remind us when the payments needed to start if we didn't pay off the full interest free balance. (I have checked the agreement and it clearly states this in it).

But we didn't get the Reminder letter, and they started taking the D/Ds. So I wrote to Hitachi and did a SAR request as I believed they broke the agreement. They sent me a good reply and in it clearly state that the reminder letter isn't available (a copy that is). Does this mean they have breached the agreement? And it's now unenforceable?

So I cancelled the D/d. They have since issued a cc claim.

I have filed an acknowledgment of service indicating I intend to defend all of the claim.

Can someone please direct me.

Also If post up the agrement can someone see if there are any issues with it?

Many thanks Guys!!

Edited June 17, 2009 by Paulyx
added more text.

[the_shadow]

Does the agreement specifically state that they are required to send this letter before charging interest? Is it a regulated agreement under CCA1974? If it is/was Have you received a Default Notice? Termination letter?

 

Problem I think you will have is that 12 months is not really a long time and its a nice easy number to remember. The judge I feel will likely look at this and say well you knew you had a year interest free, that year elapsed, you should have paid it off if you wanted it interest free.....

 

Even if the finance company did wrong in charging you the interest you could have paid off the full balance as soon as you discovered and then got back onto them to claim back the interest charge for that month.

 

If you cant pay off the full amount now then the judge is likely to feel there is no defence to the claim.

 

Just my opinions... sorry!

 

S.

Edited June 17, 2009 by the_shadow

[42man]

May I ask what the Particulars Of The Claim are ? (don't be specific with the numbers though)...