Claiming fees back from Hitachi capital credit

[Unclebob48]

I've recently obtained an SAR on an satisfied debt I had with Hitachi Captal Credit (taken out in 2009), with regard to claiming back some of the fees.

 

I did however notice this section on the credit agreement:

 

Charges will be payable under this agreement in the following events:

- Recalled direct debits: £32

- returned or recalled cheques of credit/debit repayments: £30

- letters sent as a result of a breach in the credit agreement: £25

- telephone calls in respect of late payment: £10

- issue of a default notice: £50

- transfer account from collections to debt recovery: £50

- tracing your address if you move without telling us: £40

- administration charge for appointing an agent to visit you: £85

 

As that is included in the signed agreement am I prevented from recovering any charges? If I am able to claim any charges back, which ones would I be eligible to reclaim?

 

Reading through the document I also noticed something else - they went for a charging order on my house in March 2011 and appear to have lied to do so, claiming I had ignored a CCJ ordering monthly payments to commence from 07/01/2011 of £30.20 despite my bank statement quite clearly showing the payment was made to Addleston Keane (acting on their behalf) on 04/01/2011, 07/02/2011 and 07/03/2011.

Edited January 19, 2013 by Unclebob48

[dx100uk]

they are PENALTY charges

 

the OFT / FSA clearly state the are unlawful & a PENALTY

 

go get 'em

 

see below

 

now what about this CCJ/CO?

 

did they succeed?

 

dx

 

 

dx

[Unclebob48]

Thanks for the reply dx

 

They did have a CCJ which I was paying, they got the CO too. At the time I was assigned to a rather inept member of the local CAB, who wrongly advised on a number of matters and of the opinon that 'sometimes they can get them (a CO) even if you are paying, just one of those things'.

 

We didn't even know they had applied for a CO until we were notified the Interim had been granted.

[dx100uk]

yea sadly lots of people got doneover

 

everyone of us on here one way or another.

 

though as it all started in 2009

it can be questioned ..

 

i have no wish to vary away from your [quite right] charges reclaim

 

but i've got gut feeling and something smells here.

 

its all too quick as well.

 

if its not too much of a pain

 

i'd like to get everything reviewed & up for viewing

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

DO IT IN PAINT.EXE or any photo editing program

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

as i bet you have everything & a detailed story to tell.

 

dx

[Unclebob48]

Ok, here's the first batch of files.

[dx100uk]

god you were royally done over there.

 

dx

[Unclebob48]

god you were royally done over there.

 

dx

 

I know, I'm hoping to claw back as much as possible - any actions that you can recommend?

[dx100uk]

i've got other ideas too

 

they puposely inflated the debt by £3000

 

mostly of spoofed charges

 

that comms long is very damning to them.

 

poss wont be today now

 

dx

[Unclebob48]

Thanks for your help - I sent the SAR just to see if there was PPI (none) or fees (a fair amount!) that I could reclaim - I wish I'd tried this place back when the loan was active.

 

Oh, you know that bit in the logs where I offer an FFS figure of £3400ish? I got the exact figure off their own website on my accounts page, which was still showing that as their required FFS figure after they had rejected that very same amount.

 

The entire thing stunk to high heaven.

[dx100uk]

yes agreed.

 

might take me a day or two to get things un ravelled

 

then i'll post upi the docs and pull a string for help.

 

bottom line will be charges reclaim.

 

best line will be it gets you compensation if we can prove the court cases were 'un-necessary' for want of a word.

 

dx

[Unclebob48]

Did you manage to figure anything out for this dx?

[dx100uk]

docs back up

 

i'll alert the thread for comments

 

dx

[dx100uk]

sadly it is looking like it too late in the day to try and use

the fact that unlawful PENALTY charges played a BIG part in the CCJ figure

 

back on track then

 

time to do a charges reclaim.

 

sadly as well i dont think you can inc the solicitors/legal fees

 

even though i think they are speculative at best

 

dx

[Unclebob48]

I've noticed a few things - in the logs on 14/01/2011 VDOUGLAS claims that he contacted AK to confirm no payments had been made, and on the 20th he instructs them to start proceedings for the CO. Yet my bank statement quite clearly show AK were paid on the 04/01/2011 (by immediate bank transfer) and was due on 07/01/2011, but the arrears notice (now p7) show Hitachi didn't get that payment by cheque until the 21st January (the day after proceedings for the CO had started). The initial CCJ quite clearly stated I had to pay AK (NOT Hitachi) £30.20 by the 7th of each month.

 

If AK have accepted that payment and informed Hitachi I hadn't been paying, isn't that rather unethical and presumably rather illegal activity on their part? It seems to veer dangerously close to perjury or perhaps conspiacy to defraud (as AK benefit from extra legal fees, H get a charging order on a house up for sale) if a solicitor has told a court that I havent paid their client whilst the money has been sat in their own account for over two weeks.

Edited January 25, 2013 by Unclebob48

[Unclebob48]

Looks like I missed the boat with the charging order - i should have contested it in court. Shame I can't sue the CAB for **** poor advice really...

 

Back to the fees - from the statements I've found the following:

 

30 Mar 2010 - 32.00 - DD rejection fee

11 May 2010 - 25.00 - Letter charge

26 May 2010 - 10.00 - Automated telephone charge

04 Jun 2010 - 50.00 - Letter charge

29 Jun 2010 - 50.00 - Early to late arrears fee

30 Jun 2010 - 25.00 - LRD Letter fee

30 Jul 2010 - 25.00 - Letter before action charge 2

 

No default notices / payments appear in the statement - can anyone figure out if I'm able to claim anything else?

 

I'm tempted to push for an unnecessary legal fee claim as I now havve the court papers and can prove the terms of the CCJ were met, so the charging order was surplus to requirements.

[dx100uk]

you can claim ALL of those

 

but thats not £3k

 

dx