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Hitachi default despite paying arrears

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I missed two payments and called Hitachi to pay specifying that the money was to be allocated to the two months arrears and NOT default charges as I planned to dispute them. Hitachi took my payment and allocated it to charges instead of the arrears so an additional default charge was added to my account the following month! When I challenged this they claimed it was policy to allocate the money to charges first, I checked my credit agreement and this was totally untrue and in fact the opposite! They refused to remove the charges so I continued to pay on time by cheque and wrote accompanying letter instructing that the money was for arrears AND in settlement of all charges and if they did not agree to this settlement then they must not cash the cheque - they cashed the cheque but continued to chase me for charges, I sent another cheque and this time wrote the same terms on the back of the cheque too and they cashed it again but still continued to chase me for those initial charges in addition to charges they kept adding claiming I was still classed as being in arrears as I had not cleared the default charges. Can default charges be classed as arrears? Can a default be logged on your credit file even though you are up to date with agreed payments but have refused to pay default charges? Can Hitachi log a default when they cashed cheques agreeing to my terms of settlement?

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If the charges are missed payment penalty fees, then reclaim them.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Their cashing of cheques doesn't automatically mean that they agree the terms on which you sent the payment.

 

Is renegadeimp says, you should reclaim the charges and if you can show that the default arose purely as a result of charges to the account then you stand a good chance of getting it removed.


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Their cashing of cheques doesn't automatically mean that they agree the terms on which you sent the payment.

 

Is renegadeimp says, you should reclaim the charges and if you can show that the default arose purely as a result of charges to the account then you stand a good chance of getting it removed.

 

Yep. A Full and final settlement upon cashing a cheque or accepting a specific payment, must be agreed by both parties in advance before the payment is made. Otherwise it will simply go towards the debt and youll still be liable.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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