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Newbie seeking advice with pending legal recovery action

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I have a Interest Free loan repayment product with Hitachi. I missed one payment in Sep this year during the turmoil of moving jobs and bank accounts. I spoke to them in early Nov where they agreed to waive associated charges but I was unable to make the payment as this coincided with a family bereavement and frankly it was a detail that got lost in the noise.


I received a final notice from them yesterday demanding payment in full for £1150 including £200 of charges. I have received nothing from them in between less one email which I responded to asking for them to clarify the situation so I could sort it.


I spoke to them yesterday which was particularly unheloful. Their position is that they have sent letters which have been returned. No idea why this would be as we have a postal redirect in place, and the Final Notice certainly made it through ! As a result they have terminated the agreement, and are demandding one of 3 options


- immediate payment in full ( not viable - I don't have it)


- immediate payment of arrears fol by agrred monthly repayment yet to be determined


- agreed monthly repayment, yet to be determined.


All of this has come as a shock, despite them having a clear proven channel of communication with me by telephone and emails they have chosen to ossue letters and use the return of those letters as excise to proceed and apply charges.


I wanted to bring the account up to date, and continue with the agreement but I am being told this option is not open to me, and that the charges are fixed since they are contractually allowed under the agreement I signed.


It does not seem possible to have a rational discusdion with these people - they are like Rottweilers fixed purely on extracting money out of me. Every discussion quickly reverts to 'How much will you pay today' ! I have told them I need to seek advice before committing and have resolved to contact them by Fri 3 Jan but they are unwilling to halt proceedings while this happens.


Grateful for some advice on where I stand. My key issue is the charges they have applied - in the circumstances their attitude seems excessive, inapproriate and unfair.


Help !

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Hi and welcome to CAG


Don't worry about the charges. They are probably unlawful anyway.


Deal in writing only. Statements made on the phone would never appear in writing.


It may be in the terms and conditions that the interest free loan might become an interest charging one once payments are missed. You would need to check that out.


I would work out what is owed minus the charges, divide it between x amount of months and if you can afford it, make that offer. They can always say no!


As for the charges, I would TELL them that they are unenforceable as they are not a true cost of administrating the account and as such, they should remove them forthwith.


If they come back with an offer that you deem reasonable, accept. If not reject.


Send letters by recorded delivery if you can OR get a proof of postage from the post office.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I want to emphasis sentence 3 above - Do not speak to them on the phone, only do negotiations in writing.


If you can make some payment, then do it by standing order, don't overstretch yourself, it matters not what they say are acceptable amounts, acceptable amounts are what you can afford, say £10 per month adding that you will look at it again if your circumstances change.

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