Advent Computer Training (Hitachi Capital Finance) Discussions

[gaz1270]

Hi Mannix!

 

I'm still about watching this thread when I can like a hawk lol. You are certainly making better progress than myself as I have yet receive a proper reply from them, being that on the phone they state "we have received what you sent us and shall be sending a letter out to you in due course" well not their exact words but you get the jist. Will let you know what I hear from them as soon as I get anything from them but i should imagine it will be pretty close to what you have got.

I do like the part

 

'We acknowledge our obligations under section 75 of the consumer credit act 1974 and we will endeavour to resolve all claims as soon as possible in accordance with those obligations.' - could this mean they will honour the agreement or put up a fight???

 

On a note of this thread falling silent it does somewhat surprise me that there is so little of us on this thread as I cannot beleive we were the only ones on Hitachi capital.

 

Hope to speak soon Mannix and fingers crossed for all of us!

[MARTIN3030]

Gaz as you have prob noticed,the bulk are with Barclays Partner Finance,although from the outset no one knew just how many was with who.

The response from HF is encouraging,but nothing short of what was expected.Lenders should get their complaints in writing and send by recorded delivery ASAP.

Under regs,they are required to deal with complaints by 8 weeks,this then allows people to escalate to the FOS.

While a complaint is being looked at,they are obliged to keep you updated by letter every 14 days.

This does not mean they have to show any progress-they can send you a templated letter simply saying we are still awaiting info from third parties bla bla bla.But it does not stop the ticking clock.

What I find curious about this is that Barclays have had so long to find an alternative provider and yet so far appear not to have done so which is a bit of a mystery.

Lets not forget that according to Advent it was Barclays pulling the plug on their finance that brought about Advents demise in the first place-its not hard to work out that BPF would have seen the implications-and why did they not put something in place to address the consequences ?

It makes you wonder.

Anyway this thread may not have had the 40k+hits of the other thread but has not been forgotten.

I and other site team on CAG are trying to keep in the loop with all 3 threads.

[gaz1270]

Morning all,

 

Surprise surprise in the post this morning I have received a letter from HC.

As I guessed it has stated everything your letter above stated Mannix so we know that they know how to use letter templates (which of course is no surprise at all)

Just a quick question Martin, in your time spent on this site I should imagine you have seen quite a few claims made to creditors. On average what sort of success rates have you seen for cases like this?

Many thanks for your information.

[Mannix2901]

Thanks for the update Martin and Gaz.

 

Martin a question for you. Now that a complaint has been raised and that HF have both acknowledged and responded to us has the 8 week clock already started or is this something that we have to keep tabs on ourselves?

 

Secondly shall i persist in sending a second letter stating that i would either like a claims form or if a resolve is not reached by the 8 week time period then i shall seek legal proceedings?

 

Thanks for your input

[MARTIN3030]

Morning all,

 

Surprise surprise in the post this morning I have received a letter from HC.

As I guessed it has stated everything your letter above stated Mannix so we know that they know how to use letter templates (which of course is no surprise at all)

Just a quick question Martin, in your time spent on this site I should imagine you have seen quite a few claims made to creditors. On average what sort of success rates have you seen for cases like this?

Many thanks for your information.

 

 

Gaz yes have seen quite a lot.

Success depends on establishing good cause of action which is supported by the regs.

This can be breaches under contractual law,CCA,tort,or fiduciary duty under codes of practice to which they are subscribed and have a duty to comply with.

[MARTIN3030]

Thanks for the update Martin and Gaz.

 

Martin a question for you. Now that a complaint has been raised and that HF have both acknowledged and responded to us has the 8 week clock already started or is this something that we have to keep tabs on ourselves?

 

Secondly shall i persist in sending a second letter stating that i would either like a claims form or if a resolve is not reached by the 8 week time period then i shall seek legal proceedings?

 

Thanks for your input

 

 

Hi the 8 weeks starts from when they recieve your complaint.Sending by recorded delivery allows for checking its been delivered and when.

I suggest that you staple your Post office reciept to any letter-this way you have proof if its needed later.

They will be aware of the 8 weeks time frame and will undoubtedly seek to either resolve or give you a final decision by 8 weeks.

If a final decision comes inside 8 weeks and its not resolved to your satisfaction,you are free to open a complaint with the FOS.They will not usually take any action until the 8 weeks has been exhausted,although you can still log a complaint before this.

 

The position with legal proceedings has nothing to do with a complaint to the FOS-you can still instigate legal proceedings and it will not affect any FOS complaint.

 

County Courts consider 4 weeks as reasonable for pre action protocol.

Usually you would send a preliminary letter giving 14 days for a response and proposals for resolution.

After this you send a letter before action giving a further 14 days.

A court would consider this to be adequate notice.

 

Although the Court would take into consideration any communications sent to you in response to your letters,if for example the other side said they wanted a further 7 days to resolve matters,then it would be reasonable to allow that before filing a County Court Claim.

[Mannix2901]

Thanks Martin you've been a great help. I guess i will now have to wait patiently until the 3rd of April. In the meantime i will write another letter confirming receipt of theirs and let them know i'm aware of the 8 week resolution period.

 

Again many thanks, if i hear back or any new progress is made i'll be sure to let you guys know.

[MARTIN3030]

Ok lets hope more info continues to flow.

They will be aware of this forum and others for sure,so I expect any responses to individuals will remain pretty guarded for the moment.

[generalgaz]

Hi, I thought I'd join you guys, being another student funded by Hitachi Capital. I can confirm that I recieved the same letter as you both. I also rang this evening to find out any more details. The guy at the other end, said I should receive a letter in the post this week. There doesn't semm to be alot of us fighting our corner, at the moment does there?

[cashins]

I have been reading on some of the Barclays forums that they have been able to freeze their accounts until something has been sorted, does anyone think we would have a chance at being able to do this with Hitachi?

 

 

Yes!

 

From what Barclays Partner Finance customers have experienced on the phone with them, (they come out with any old waffle to try and keep you paying), I would suggest from here on out that you only deal with this matter in writing.

 

This worked with BPF: Ammend as required.

 

Dear Sir/Madam

 

Than you for you letter of the *********concerning the above.

 

From this I note, you recognise your responsibilities under Sec 75, Consumer Credit Act 1974, in that you are trying to source an alternative training provider. It is very obvious however, that this may well be a protracted process due to the sheer number of customers and accounts involved.

 

You say in the meantime that my account will continue as normal. This situation is clearly NOT normal. In effect you are saying: that I should continue to pay for a service which is not being provided and which might, (or might not), be provided at some indeterminate point in the future.

 

Therefore I insist that:

 

You ‘freeze’ this account, (including interest) until such time as you can in fact source an alternative provider, that is capable in all respects of fulfilling the contract that has been breached.

 

You confirm in writing that you have taken the above action and that it will not result in adverse data being entered on my credit file.

 

Please give this matter your urgent attention.

 

Yours faithfully

 

As Hitachi really don't have a leg to stand on regarding this issue, it will work with them.

 

David

Edited February 11, 2010 by cashins

[Mannix2901]

Thanks Cashin.

 

Have you received a reply from Hitachi at all confirming this?

[cashins]

Have you received a reply from Hitachi at all confirming this?

 

No - the above went to BPF.

 

On the phone BPF Have consistently stuck with the line that the account will run as normal until something has been sorted with a new provider. If you stick to you guns however, they are 'freezing' accounts if you insist that they do so.

 

Hitachi are in exactly the same position as BPF and you will see their letters recognise that in respect of S75.

 

If you insist they freeze it - they have no choice.

 

If you want to avoid the same verbal pat-a-cake as with BPF however, I would suggest you put it in writing. By writing, you are also laying down an audit trail as to who did what and when.

 

David

[Mannix2901]

ok i will do thanks

[kukuradogs]

Hi,

 

Firstly excellent advice from people, thanks.

 

I've sent a letter to Hitachi Capital, stating Section 75, and they have recieved it Special delivery today. I'm in my last year of paying the account of £4500 but have not yet taken an exam.

 

They are still taking money out of my account at present, shoulds I speak to them to get the account frozen?

 

Cheers

[Mannix2901]

Hi Kukuradogs

 

Take a look at the above posts they should help you out.

I am in the same boat bar 1 year.

[Lewis81]

Hi all,

 

sorry have gone a bit quiet i am checking everyones progress on a regular basis and with a great deal of interest. i only got around to sending my letter yesterday so its interesting to see what kind of responses everyone is getting.

 

i am interested to know the reson why people who have been studying with advent for 1-2 years already are looking to claim the whole sum of the loan back and not just part, is this what we are intitled to?

 

sorry if this is a really silly question but i dont really fully uinderstand it all.

[Mannix2901]

Hi all,

 

sorry have gone a bit quiet i am checking everyones progress on a regular basis and with a great deal of interest. i only got around to sending my letter yesterday so its interesting to see what kind of responses everyone is getting.

 

i am interested to know the reson why people who have been studying with advent for 1-2 years already are looking to claim the whole sum of the loan back and not just part, is this what we are intitled to?

 

sorry if this is a really silly question but i dont really fully uinderstand it all.

 

I am only claiming back what i have paid so far. I've paid £2375 out of £4700. Could really do with the 2K right now

[Lewis81]

so you are claiming back what you have paid already and freezing your acount so you dont pay anymore?

 

I am just trying to understand how it works really. Is it like buying a tele with a 3 year guarantee that if it goes wrong after 2 years you're entitled to all your money back even though it has been fine for 2 years? or does it work completely differently?

[Mannix2901]

To be honest Lewis i'm no expert like you this is all new to me. Thanks to the help from this forum it has really helped me move things forward.

 

The TV analogy i don't think is the same thing here.

 

The main issue is that we are still paying for something that is not complete due to the company going bust. By us, the customer, signing a credit agreement we are protected from such circumstances.

 

Does this help?

[Lewis81]

yeah a bit thanks,

 

I suppose like everyone else I'm just going to have to see how it all pans out. i will let you know if i get any further info.

 

thanks,

[Mannix2901]

No worries.

 

I've received a second letter which i will read tonight. I'll update you guys tomorrow.

[krissa]

Hi,

I havent heard anything about people who have contract with Anglo Capitals, whats happening on that site of the world? Does anyone know anything?

Thanx,

Kristina

[Mannix2901]

Sorry krissa i haven't heard of Anglo Capitals. However if you are in a credit agreement with them all of the above will apply to you to so not to worry.

 

I would advise to get in contact with them in writing by recorded delivery.

 

[krissa]

yes manix but as everyone knows Anglo Capitals is the same Advent Training, so... it is a bit different... i have tried to contact them by phoning but with no luck...

[Mannix2901]

hmm have you spoken to Citizens Advice Bureau? They should be able to help you.