Another Brighthouse Query

saintscouple · 13th January 2008, 10:20

We recently got in to arrears with our payments, as i have been off work the last 6 months through illness.
The contracts we have are all in my name.
My wife visited the store as i'm housebound to explain the situation.
Whilst there, they re-wrote the 5 agreements we have with them, making her sign them, although they are in my name!
Although the copies she was given, they told her she didn't need to sign, though they have signed the lenders part.

My query is, do they have a legal right to re-write an agreement without my consent?
And with my wifes signature, and the agreements clearly in my name, is this still now a legal document?

I'm also concerned that they told her not to sign our copies, though they have signed the lenders part.

Should i get her to sign and back-date them, as to when she signed the stores copies?

Many Thanks in advance for all your advice

Trev

slick132 · 17th January 2008, 23:01

Hi Saints,

Sorry there's been no response yet - there been a fault stopping others replying to you.

I hope you will get some advice shortly but don't sign anything yet.

Slick

saintscouple · 17th January 2008, 23:12

Quote:

Originally Posted by slick132

Hi Saints,

Sorry there's been no response yet - there been a fault stopping others replying to you.

I hope you will get some advice shortly but don't sign anything yet.

Slick

Many Thanks.

I've never known a company to allow a spouse to sign an agreement on their behalf before without consent.

steven4064 · 17th January 2008, 23:25

I think this is way out of order (but this is BH we're talking about).

Clearly it cannot be allowable for your wife to sign a credit agreement with your name on it.

And, as for the unsigned copy, I think s63 of the CCA 1974 applies:

Quote:

63.--(1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, and on the occasion when he signs it the document becomes an executed agreement, a copy of the executed agreement, and of any other document referred to in it, must be there and then delivered to him.

Others may offer additional advice, but I think an immediate complaint to the FOS and OFT is in order.

Let's hope this could be another nail in the coffin - BH having their CC license revoked.

andy1205 · 18th January 2008, 07:27

Re: Brighthouse "Optional" service cover hi can anyone tell me if you come across with this if you got no home insurance you got to have the bh service cover

sequenci · 18th January 2008, 09:37

Have you considered speaking to Trading Standards about this one?

andy1205 · 18th January 2008, 12:38

no not yet when i got my last item i told them i dont want the the service cover and all my other thing ive got from them

Lefty · 18th January 2008, 16:53

Quote:

Originally Posted by saintscouple

We recently got in to arrears with our payments, as i have been off work the last 6 months through illness.
The contracts we have are all in my name.
My wife visited the store as i'm housebound to explain the situation.
Whilst there, they re-wrote the 5 agreements we have with them, making her sign them, although they are in my name!
Although the copies she was given, they told her she didn't need to sign, though they have signed the lenders part.

My query is, do they have a legal right to re-write an agreement without my consent?
And with my wifes signature, and the agreements clearly in my name, is this still now a legal document?

I'm also concerned that they told her not to sign our copies, though they have signed the lenders part.

Should i get her to sign and back-date them, as to when she signed the stores copies?

Many Thanks in advance for all your advice

Trev

Hi Trev

How far into the original agreements were you before you got into difficulty? Had you paid more than one third of the amounts?

If so, this tactic is very typical of Brighthouse.

By "re-setting" your agreements they have, in effect, taken away your consumer rights regarding early settlement and repossession. This means it's easier for them to take back their goods if you get into difficulty again. They will not require a court order, whereas before THEY DID!

My advice would be to return the new agreements and make it very clear that you do not acknowledge them as you did not sign them - nor did you negotiate (or ask for) an account re-set.

If your original agreements include optional service cover, simply by removing it can reduce your payments dramactically! (Plus, if your account(s) is in arrears, the service cover is not valid and you are paying for absolutely NOTHING!)

If you need any further help, get back to us.

Cheers
Lefty

saintscouple · 21st January 2008, 15:30

Thanks for all the replies to date.
Lefty,
I never thought about the 1/3rd rule, all but 1 applies to that.... and the that didn't was rewrote as i got them to take the optional service cover off!
None of these have optional service cover on.

I sent an email to FOS and ConsumerDirect on the advice of Steven4064 - Many Thanks
I have already had a response from ConsumerDirect stating they have passed it to my local Trading Standards Office, and not a few hours later they phoned me requesting for me to send in copies of the agreements, before and after which i will do tomorrow.
When recieved they will look in to this and said they can discuss next steps on the phone or come round to me at a convinent time.

Seems to be moving quite quickly which i'm pleased about and I will of course up date the thread when i know more.

Many Thanks again to all those who have replied.

Trev

kevinob · 21st January 2008, 20:19

The account is your name so the only person who can amend them is you.

If you have not signed them then they are not legal as your signature identifies that you agree.

If you look at your original contracts it will give you a figure that states BH cannot repossess your goods without a court order.

I have worked for a similar company called Buy As You View - the Credit Consumer Act is the same for HP regulated companies.

I have never heard of either company taking anybody to court for non payment because once you have paid the price of the goods the judge would rule that the interest be written off.

I was a debt collector with BAYV.

DCA-KING · 21st January 2008, 20:50

Hi saint take a look at my post welshnutteruk about brighthouse

Lefty · 18th February 2008, 17:10

Bump Bumpity Bump!

Greetings folks!

Hopefully, we will have successfully lured you back to this thread via a “new post” notification email!

We are trying to collect stories of people's experience with Brighthouse. Eventually we would like to make up a dossier.

We would like to know about how Brighthouse staff have treated you, particularly if you have got behind with payments.

We would also like to know if you have been pressurised to take out any insurance or optional service cover (OSC).

Furthermore we would like to know about problems you have had with goods from this company and how Brighthouse have handled repairs or replacements.

Here is the link to the thread to post your stories.

http://www.consumeractiongroup.c o.uk/forum/brighthouse/131337-brighthouse-horror.html

Please don't add your story to this thread. Use the thread in the link above.

Cheers
Lefty

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