brighthouse nightmare

[Lefty]

Originally Posted by alli28

thanks for the letter lefty i shall be using it.. yesterday the accounts manager was at my door asking me to put my things back and i said to him most of my stuff is almost paid off and i did offer you my weekly payment plus an additional 20 to my arrears but was told this wasnt acceptable, i also told him that i wanted the service cover cancelled as i wasnt aware that it was opptional and he said he couldnt that he would need to speak to his boss, so anyway i have arranged to go speak to them this tuesday and he added if i didnt come in he informed me that brighthouse no longer let people away with owing them money and that debt collectors bigger than him would come to my door and take the stuff. i wish i had recorded his threat now because thats exactly what it is.

I can't offer any guarantees on the template letter, only that it has worked once before

As for the "optional service cover", if you're in arrears (which you are) it has lapsed already...

OPTIONAL SERVICE COVER TERMS AND CONDITIONS

C - YOUR OBLIGATIONS

(B) - pay each of the amounts due for the OSC contract in advance by the due date for such payments to BrightHouse. Subject to its right to terminate the OSC Contract in accordance with condition E, the OSC Contract is renewable each time your regular instalment is due under the Agreement. If the amount is not paid the OSC Contract will lapse...

E - WHEN BRIGHTHOUSE MAY END THE OSC CONTRACT

(1) - BrighthOuse may end the OSC Contract on giving you 7 days' prior written notice if it can show that any of the goods can no longer be serviced economically or effeciently, for example if the repair exceeds the current value of the goods or the spare parts required to effect a repair are no longer available.

(Ain't that a great "get out" clause, eh? Picture this... You're reaching the end of an agreement - and have shelled out a small fortune in OSC cover payments - and your product breaks down. If the product can't be repaired ecconomically by BrightHouse they will simply cancel your OSC contract leaving you with nothing!)

(2) - BrightHouse may at any time end the OSC Contract on giving you 30 days' prior written notice and in any event it will end when the Agreement ends.

I - GENERAL

(2) - The OSC Contract shall, subject to condition D (When BrightHouse May End The OSC Contract) continue in force until you give 7 days' notice to BrightHouse or the Agreement comes to an end.


Here's what will happen on Tuesday... you may get the offer of an account re-set. This entails signing a new agreement, which takes your outstanding balance, PLUS your arrears and starts “fresh” with a BRAND NEW agreement spread over a slightly longer period.

You should think very carefully before agreeing to this, because you risk losing all the rights you have accrued regarding repossession and early settlement, making it easier for Brighthouse to repossess their goods should you get into difficulty again.

Personally, and remember this is MY opinion only, as you are close to finishing your agreements I would be inclined to call their bluff and let them take you to court.

I would, however, continue to offer the payment (plus additional £20) at the store each week and record the dates, times and names of staff when it is refused. I would save the payments (maybe in a post office account) and allow them to build up. Then, if they DO take you to court (which I honestly don't believe they will) you can make your offer to the judge and PROOVE you have been willing to pay and, furthermore, have the funds available to bring your account up to date.

And remember, ONLY communicate in writing. You DO NOT have to speak to them on the telephone and you CERTAINLY do not have to entertain them at your door.

Keep us posted


Cheers
Lefty

[Lefty]

Originally Posted by sandro12

i have ben with bright house for just over a yr and have nothing but hell from them i am also currantly talking to my solicitor as they have disclosed personall infrmation about my account to my referees such as how much im in debt by,and how many weeks i have also had them banging on my door threatining me and even called the hospital when my appendix burst to see if i was there.they have threatend with the police and to come in my home whilst im not there to take my goods.bearing this in mind i only didnt pay them after waitng 3 months for them to fix my sofa.does anyone know if this against the law in someway or another i.e the data protection act/harrasment act??

Hi sandro12

Your questions could be answered much better if your started a thread of your own. Threads get "messy" and replies can be confusing if more than one subject is covered.

To start a thread of your own, go back to the Brighthouse sub-forum and select the NEW THREAD icon.


Cheers
Lefty

[alli28]

thanks for the advice folks, didnt make it up today ive had a migrane and barely been able to get out of bed never mind visit the manager at bright house but i did call them and tell them id be up tomorrow to discuss things further with them so hopefully things will be sorted but ive a feeling they wont be so i have typed up leftys message and all ready to post off if things dont go well with them i will keep you posted. im just wondering if anybody at all has ever beat brighthouse with things like this or going to court?

[Lefty]

Originally Posted by alli28

im just wondering if anybody at all has ever beat brighthouse with things like this or going to court?

Read THIS




Cheers
Lefty

[alli28]

thanks lefty...at the moment ive decided not to take out an account reset from them which was offered and still offered them the original amount plus the extra 20 to arrears. i have to go back on monday to find out about the service cover to see if they are going to cancel it. but by looking at the default notices on some of my items then i see that i have example.. washing machine total amount payable 663 amount paid to date 568 and that amount isnt including the optional service cover that i have paid over last 2 years so id say ive probably paid about close to a grand so maybe my best option is to test them and see if they take me to court..i didnt realise just how much ive paid for washing machine etc etc but i will see what they say on monday and ive already posted the letter from lefty it cant do any harm and i can only try. but if they come to the door in future i will be recording everything they say. i refuse to be bullied by them and threatened and normally im a quiet person but theres only so much that a person can take

[Lefty]

Originally Posted by alli28

thanks lefty...at the moment ive decided not to take out an account reset from them which was offered and still offered them the original amount plus the extra 20 to arrears. i have to go back on monday to find out about the service cover to see if they are going to cancel it. but by looking at the default notices on some of my items then i see that i have example.. washing machine total amount payable 663 amount paid to date 568 and that amount isnt including the optional service cover that i have paid over last 2 years so id say ive probably paid about close to a grand so maybe my best option is to test them and see if they take me to court..i didnt realise just how much ive paid for washing machine etc etc but i will see what they say on monday and ive already posted the letter from lefty it cant do any harm and i can only try. but if they come to the door in future i will be recording everything they say. i refuse to be bullied by them and threatened and normally im a quiet person but theres only so much that a person can take

Hi again

I really think, with your current plan of action, you should no longer negotiate in any way with the store. Refer all communication in writing to head office.

I know of a case recently where a store manager allowed a customer to remain a month in arrears and let her to continue with payments through a "special" arrangement with him. However, this resulted in the customer being subject to almost £50 a month in penalty charges!! That's why it is important that the letter I gave you is acknowledged (and hopefully accepted) by head office... In particular the bit that says...


"...Naturally, I hope you will accept my offer (above) and allow me time to bring my account(s) up to date in both a fair and affordable way. Of course, by accepting my offer, and by me maintaining regular payments (on time) you agree NOT to apply any further “penalty” or “late payment” charges to my account(s)..."


Did you read the link I gave you to Debt On Our Doorstep? You know, it might be a good idea to contact them and ask if they would like to assist you - particularly if Brighthouse DO take you to court. Debt On Our Doorstep are trying desperately to obtain a legal ruling regarding Brighthouse and extortionate lending, and the only way they can do that is to actually get Brighthouse into court with a repossession defence.


Cheers
Lefty

[alli28]

thanks lefty i am going to contact debt on our doorstep instead of a lawyer and ask them if they would like to help. id also like to thank you for all your advice if i hadnt came across this site then i dont know what i would have done so a big thank you to all you guys. very much appreciated cheers alli

[Lefty]

Don't forget to keep us posted, Alli28

It's REALLY important with these kind of threads to see a conclusion. This helps anyone else who may be having similar problems.



Cheers
Lefty

[alli28]

hi lefty hi all.. sorry not updated for a while but hadnt heard anything at all from BH till today when 2 big guys came 2 my door wanting to uplift my stuff to which i told him no as nearly all my stuff was paid off except tv. he then said it would got to court and he would get an order to uplift it anyway and he also said that in scottish law that i wouldnt get my day in court with them as it is just them going to court for the judge to grant an order which worried me as then the judge wouldnt know how much i had paid for most of my stuff. they then said they were going to sit in the van and try and work things out for me 5 mins later and they were back they said if i hand my tv back this week then next week he would sort out a repayment schedule for the rest of my stuff but he cant do it this week only next and only after ive given back my tv which has to be today at 2pm. he then said it was to cut the debt down in my local BH but was really keen to get the tv and he is going to phone me at 2 and see what my answer is.

[Lefty]

Originally Posted by alli28

hi lefty hi all.. sorry not updated for a while but hadnt heard anything at all from BH till today when 2 big guys came 2 my door wanting to uplift my stuff to which i told him no as nearly all my stuff was paid off except tv. he then said it would got to court and he would get an order to uplift it anyway and he also said that in scottish law that i wouldnt get my day in court with them as it is just them going to court for the judge to grant an order which worried me as then the judge wouldnt know how much i had paid for most of my stuff. they then said they were going to sit in the van and try and work things out for me 5 mins later and they were back they said if i hand my tv back this week then next week he would sort out a repayment schedule for the rest of my stuff but he cant do it this week only next and only after ive given back my tv which has to be today at 2pm. he then said it was to cut the debt down in my local BH but was really keen to get the tv and he is going to phone me at 2 and see what my answer is.

Just remember they absolutely CANNOT enter your home without your permission. They absolutely CANNOT take any items back without your consent.

Did you send the letter I gave you with a reasonable offer of payment?

If so, stand your ground and tell them you want this sorted out in court. Furthermore, you will ONLY correspond in WRITING.

You WILL be notified of a court date (Scottish law or not) and you WILL be able to attend the hearing.

If any BrightHouse employees continue to harrass you at your home call the police.



Cheers
Lefty

[alli28]

thanks lefty..yes i did send the letter that u gave me..also they have just came to door again repeating there previous offer but i said no. he said its been almost 3 months since you paid anything that your fault he said. i said well it isnt because i have offered my original apyment plus an extra 20 but was refused by the store otherwise it would have been paid by this point. i also said that i do have the right to represent myself in court and that his previous comment was wrong but he said the judge would find in their favour. i said well we will see because i intend to let the judge see exactly how much i have paid for these refurbished goods which most of my stuff are and see that majority is almost paid off and not only that "that i have made reasonable offers of repayment and they have not been accepted". so he said well if thats what you want i will take you to court and get everything back. he was not happy and kept telling me to give back the tv. but i said i didnt trust much of what any of brighthouse staff said anymore. hope ive done the right thing. they have to inform me of the court date dont they so i can be there?

[Lefty]

It is very unlikely that they will go to court. It will be in your favour if they do. (Of course, that doesn't mean you will automatically win, it means all the cards can be laid out on the table - so to speak...) It is more likely that the "debt" will be passed onto their favourite DCA.

Having gone three months without making a payment is not good - on both parties - but, as you say, you DO have proof that you made an offer of payment and it was refused.

Did BrightHouse not respond to your letter? Did you send it by recorded delivery?

Why don't you give Consumer Direct a call, and run everything past them? 08454 04 05 06


Cheers
Lefty

[rory32]

they have to inform me of the court date dont they so i can be there?

The court will inform you of this in writing.

[sweetnsexyenglish]

Originally Posted by alli28

thanks lefty..yes i did send the letter that u gave me..also they have just came to door again repeating there previous offer but i said no. he said its been almost 3 months since you paid anything that your fault he said. i said well it isnt because i have offered my original apyment plus an extra 20 but was refused by the store otherwise it would have been paid by this point. i also said that i do have the right to represent myself in court and that his previous comment was wrong but he said the judge would find in their favour. i said well we will see because i intend to let the judge see exactly how much i have paid for these refurbished goods which most of my stuff are and see that majority is almost paid off and not only that "that i have made reasonable offers of repayment and they have not been accepted". so he said well if thats what you want i will take you to court and get everything back. he was not happy and kept telling me to give back the tv. but i said i didnt trust much of what any of brighthouse staff said anymore. hope ive done the right thing. they have to inform me of the court date dont they so i can be there?

Hey alli sorry to read you have had so many problems... I can only speak from experience and what I have read in my research so that I can properly deal with BH... 1. Bighthouse have sent me several Default Notices in regards to an outstanding amount owed £300 which I have withheld due to faulty goods. These letters are issued by the store...instead of them making their next move the just kept issuing letters for payment and calling me and sending some fool to my home.

Stand your ground, I did...I challenged them to take me to court...and requested the phone calls stopped, in the end she told me the debt would be passed back to Caversham or in her words "Head Office". It has been a good few months and I have had no letters and no phone calls...they say no news is good news anyway...my first question would be is have you paid the required 1 third on your items? The reason I ask is if you have you have more rights than they would like to you to think you have, and when a very bright employee came and stuck a note to the door for all to lift and read that they had come to repossess goods, they made their second mistake....there 1st was to p!ss me off

This note I used to threaten the store to my own legal action against them with evidence...after that whenever they did come to my home, even though they brought the van...probably with wishful thinking the employee was sure to let me know he had not come to take my goods....well der he couldn't could he lol Do not fret, brighthouse got more bark than bite.... it does seem disgusting that each contract is a separate contract and that individually you are charged 2.70 per contract then why can you not pay individually per contract hence you catch up one at a time!

I did read somewhere on CAG by a former employer that there is a certain amount brighthouse wont bother taking you to court for but this is not to say they wont still make an attempt to get it out of you before giving up....this is not to say you should not pay but it just highlights that possibly the threat of court is just an intimidation technique and possibly rather than loose money it would be in their best interest at the end of the day to politely negotiate with you when they find you are NOT running scared by all other attempts to intimidate.

I would suggest you totally up what you have outstanding, i am hoping you have all your receipts....then maybe there is the possibility of contacting the financial ombudsman and explain your situation but also register it as a complaint that they refuse to accept an offer of payment to clear arrears which shows your willingness to pay but due to there unreasonable behaviour at dealing with you especially if these arrears grew via actions outside of your control. Maybe the reference Lefty made in his fact sheet regarding the OFT's stance on forcing customers into making unreasonable payments needs to be brought to the attention of Brighthouse with a carefully worded letter or two to show YOU also know the law.

[alli28]

thanks 4 the replies guys much appreciated. firstly yes i did send it recorded delivery left but no reply but the guys who came to the door said they were from caversham finance themselves. they also QUOTE "said that some of the debt outstanding to their stores was blamed on store staff not being what they called up to scratch and managing to deal with it themselves". but he also said that wasnt the finace companies fault. he also asked me how much i could afford to which i repeated my offer of my weekly payment plus 10 to arrears to which he seemed suprised but still he didnt take it up. he was also willing to write off my other debt as he called it as long as i gave him tv. i have checked the default notices that i got and this is how it looks xbox360 total payable=672.21 amount pd to date 443.32......bunk beds payable=371.28 amount pd to date 294.77....washing machine total payble=525.15 amount pd 321.20...tumble dryer tot pay=405.08 amount pd 234.79...suite total paybl=1100 amount pd 890.. now thats not including what ive paid to insurances and opt service. i think ive pd more than a third. i am going to send another recorded delivery to head office and repeat my offer but if i hear nothing then i will wait to see when i get a court date. i will also phone that number lefty and let you know how it goes.thanks for advice you guys god knows where id be without it..ally