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Am currently in DMP with pay plan, I owe £8000 to Hitachi Capital Finance who have refused to accept pay plans offer. I recieved a call from their litigation department asking for payment, which I said I couldn't afford. This morning I recieve a letter from their solicitors demanding full and final payment. I might add that the litigation department questioned my £40 a week petrol expense, they said it was too much. I explained that I have a 70 mile round trip to work!!

What happens next as its really causing me great stress

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They' ll probably think abour issueing a claim, you need to seek out a senior person and write to them regarding payments mostly the people you get to normally have no authority other than a company script.

 

You could also refer them to OFT Guidance on Debt Collection 2003/20121 section 3.7 (i) ''pressuring debtors to pay more than they can reasonably afford without causing hardship''. and section 3.7(J) '' failing to allow alternative affordable repayment amounts etc.''

 

If Hitachi did issue a claim they would be unlikely imo to be awarded more than £40 any way the fact you have made an offer to pay sets you in good stead. and their refusal will but them on the back foot.


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They' ll probably think abour issueing a claim, you need to seek out a senior person and write to them regarding payments mostly the people you get to normally have no authority other than a company script.

 

 

 

You could also refer them to OFT Guidance on Debt Collection 2003/20121 section 3.7 (i) ''pressuring debtors to pay more than they can reasonably afford without causing hardship''. and section 3.7(J) '' failing to allow alternative affordable repayment amounts etc.''

 

 

 

If Hitachi did issue a claim they would be unlikely imo to be awarded more than £40 any way the fact you have made an offer to pay sets you in good stead. and their refusal will but them on the back foot.

 

 

 

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If you need help please just ask.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Can we assume that you have property that they are aiming to get a charging order on?

 

Assuming you do get a claim shortly you should have a look around the legal forum to understand the process. The more you understand it the more likely you will be to get a decent outcome.

 

Can you let us know:

Is this a personal loan?

When was this debt started?

Have they issued a default notice?

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There has as yet been no intimation that the creditor is currently seeking court action or \ charging order,only that the ''litigation'' has rejected an offer.

 

As this is in the hands of solicitors one can assume that a defualt is in place.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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A default notice improperly served would be handy and a means to defend an action.

 

Since it is in "litigation" and they have refused an offer the probability of a claim cannot be ruled out. If the OP has a property then the motivation for refusing their offer becomes apparent.

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Yes I have a property although it is mortgaged.

The loan was a loan for a new boiler.

How is a default notice issued properly? Sorry to be so stupid but this is the first time I've ever been in financial trouble.

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I'm not disputing that I owe the money and I desperately want to pay it back but cannot afford the payments they are asking of me. I'm a single parent with only my income, which is why I turned to pay plan for help, I'm not sure now that I have done the right thing though going into DMP

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