Finance company help needed

[The Dentist]

Hi guys hope you can give me some advice. My father bought a plasma tv from a company and got finance to pay it over an amount of time. He paid a certain amount by cheque every month for a number of month. That was 3 years ago. 2 years ago he completed the repayments and got a letter off the finance company saying thank you and your payments are now finished and pleased to have dealt with you. I still got this letter. that was dated october 2005.

now today out of nowhere, he got a letter from the finance company saying that he is 27quid behind with the payments so i called them up asking whats going on, they saying that he only paid half of the total amount, whereas i KNOW he paid the full amount, as he has a letter from them as well saying he settled in full. She said that she is sending a statement to prove this.
She says to me that the letter they sent in october was a mistake and that they had a sent a letter explaining that in april a year ago (which we never recieved, but received every other letter they sent)

the advice i need is where to go from here, obviously they can put whatever numbers on their statements that they want. the only thing i have is their letter stating that repayments have been completed. Also as he paid by cheque, the cheque book he used was finished long long time ago and has been destroyed.

 

[fisco2001]

ok if he paid by cheque can get statment from back going back how far you need and count up cheques paid
if you got the letter then you should be ok
whats the name of the finance company

 

[nohidingplace]

trot off to the CAB (Citizens Advice Bureau)with the info and they will give you better info than we can and it will be free.

 

[dont do it it"ll hurt]

Hi guys hope you can give me some advice. My father bought a plasma tv from a company and got finance to pay it over an amount of time. He paid a certain amount by cheque every month for a number of month. That was 3 years ago. 2 years ago he completed the repayments and got a letter off the finance company saying thank you and your payments are now finished and pleased to have dealt with you. I still got this letter. that was dated october 2005.

now today out of nowhere, he got a letter from the finance company saying that he is 27quid behind with the payments so i called them up asking whats going on, they saying that he only paid half of the total amount, whereas i KNOW he paid the full amount, as he has a letter from them as well saying he settled in full. She said that she is sending a statement to prove this.
She says to me that the letter they sent in october was a mistake and that they had a sent a letter explaining that in april a year ago (which we never recieved, but received every other letter they sent)

the advice i need is where to go from here, obviously they can put whatever numbers on their statements that they want. the only thing i have is their letter stating that repayments have been completed. Also as he paid by cheque, the cheque book he used was finished long long time ago and has been destroyed.

contact his bank they will have a full record of the cheques and this will prove your case then write them ( do not phone ) and keep a copy of the letter
hope this helps

 

[The Dentist]

Cool, will get onto his bank first thing monday then. Also its a company called Hitachi Capital (nothing to do with Hitachi Electronics)

 

[dont do it it"ll hurt]

Cool, will get onto his bank first thing monday then. Also its a company called Hitachi Capital (nothing to do with Hitachi Electronics)

banks are open on sat
better to do it sooner rather than later

 

[The Dentist]

banks are open on sat
better to do it sooner rather than later

cheers mate. gotta work all day 2mo tho. Dunno why these stupid companies do this its annoying. Will also be getting down to CAB but i doubt they be any help as i tried getting help from them loads of times. Anyway will give them a try again.

 

[dont do it it"ll hurt]

you will of cause need your dad there with you m8 they will not talk to you unless you have a letter from him giving you the power to speak in his absence

 

[shaun127]

Try Sending them this letter along with £1 postal order send recorded Delivery




I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

[The Dentist]

you will of cause need your dad there with you m8 they will not talk to you unless you have a letter from him giving you the power to speak in his absence

Yep definately.

Cheers shaun. Will check with bank first on monday tho see what can be dug up then some ruthless action needs to be taken methinks.

 

[oxkiller]

i think if you got letter and it says you paid in full thank you over a yr ago
then thats all you need. but if you ever send that letter off photo copy it
and send only the copy. but me i say stuff them.

 

[The Dentist]

Would them claiming that the letter they sent was a mistake matter? would it hold up?

 

[dont do it it"ll hurt]

not if bank says it paid in full ( from records )

 

[bert1]

statements

if you are asking ur bank for back dated statements its possible you will be charged for that too m8-You would effectively be asking for 12 old statements. ......Id rather do that than give these gits the money but I wouldnt do it just yet as u r still paying out money u shouldnt.
Play the delaying game...even tho they advised you already...send sean;s letter and a photocopy of the payment complete letter-Recorded. Keep a record of any phone contact.Ignore any of their correspondence that returns....it wont be long before they run up costs (time/systems/correspondence) of £27 and it will be uneconomical for them to recover anyway. theyd have to really put their money where their mouth is if they take it further....Any normal company would have written this off by now anyway...

stand your ground m8 coz the way these agreements work,could lead to more problems than you currently have. I know you have paid but its normal that if you are late paying off the total amount then a whole load of interst for the period gets added...paying the £27 to be rid of them could be an admission of late patement and so on......

If your recorded letter isnt enough and they contact again-ignore it....the only time you should treat this seriously is if it gets passed to county court for recovery.-then it would be worth getting the statements.....of course if theres no charge do it now for piece of mind.....

 

[shaun127]

@ Devil passed your query on to a guy I know, hope you dont mind, here's his reply, dont ask me what it means thou, LOL. If you need any more help later on, I'll ask again, if you supply more info which he's on about,

http://en.wikipedia.org/wiki/Estoppel

2 things really
1 Part payment of a debt is never satisfaction of the whole (i.e. they can come back later for the whole sum)

2. The general rule is that the parties must perform precisely all the terms of the contract in order to discharge their obligations.
But
Something called promissory estoppel might come into play here. This means that it might not be seen as fair to tell someone they have finished paying (when they haven't) then come back over a year later and say it was a mistake, can we have our money now please)
On the other hand, the elderly father might be presumed to have kept a record of the payments, and to know whether he'd paid it all or not.
This is a tricky one, and one which we would have to see the whole of the paperwork to give an answer. I would try CAB or a Law Centre, or a Solicitor which gives initial interview free.
Sorry I can't be more specific, but it also depends on how much the loan/debt was, how much was paid back etc

 

[fisco2001]

How It Go M8ty Did You Get Things Sorted Out