Help with Brighthouse please

[angelgirl]

HELP.......

I have three agrrements with brighthouse, totalling 37 pound per week. Iam on benifits and have just moved to a new home with solid fuel central heating and coal cost me 25 pound per week, so i have will not be able to afford the full amount . I have tried explaing to them and offered a payment that i can offord, as i have proity debts, but they r just not interested and threatern to come and collect the goods and r always ringing and demamding payments. I do not want to give the goods back as they r essential items. Can they force their way into my home to collect the goods?

In my eyes electric, shopping, water rates, coal are more important than brighthouse.

[rory32]

Hi angelgirl and welcome to CAG. I have moved your post to a thread of it's own so that you will receive the appropriate help and advice.

[Lefty]

Hi angelgirl

Welcome to CAG

You will not be able to negotiate reduced payments on your accounts with your local store. You are wasting your breath.

Your best course of action depends on a few things.

a) How far into your agreements are you?

b) By how much have you defaulted on them?

and

c) Do you have optional service cover and damage liability cover incorporated into your agreements?

Just by removing optional service cover and damage liability cover can reduce your weekly payments enormously.

Below are a few extracts from our BrightHouse fact sheet. These are a few snippets that apply to you. The entire factsheet can be found HERE (it may be a good idea to set aside a few moments and give it a good thorough read - particularly the advice on how to remove any optional service cover)

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When you enter into an agreement with BrightHouse, you are entering into a HIRE PURCHASE or CONDITIONAL SALE agreement. Hire purchase agreements are governed by THE CONSUMER CREDIT ACT 1974 and goods being purchased are subject to the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973 (see below). You will be required to make weekly (or monthly) payments IN ADVANCE for the duration of the agreement – which can range from 52 weeks to 156 weeks depending upon the product. Ownership of the goods remains with BrightHouse until the last payment is made. You DO NOT own the goods until then. You cannot sell them or dispose of them in any way.

However, this does NOT mean that BrightHouse can just stroll into your home and remove their goods if you get into payment difficulties. Unless you have actually consented to their removal, BrightHouse cannot legally remove (re-possess) them until they have:

a) Issued you with a default notice (in writing)
b) Given you an opportunity to put matters right (at least 7 days)
c) Applied for (and been granted) a court order

These issues will be explained in more detail in a moment, but it is important to remember that: AT NO TIME CAN ANY EMPLOYEE (OR AGENT) OF BRIGHTHOUSE FORCIBLY ENTER YOUR HOME

If you do get into payment difficulties, the first thing you should do is try and address the problem yourself. You should do everything you can to bring your account up to date. If you simply cannot afford the regular repayments, you should decide whether you actually need the item(s) you are paying for, and seriously consider returning them.

The store will very quickly contact you by telephone. You can expect a phone call if your payment is just one day late! Brighthouse have also been known to phone around the names you have given as references and turn up unannounced at your home. They will bombard you with all sorts of “threats” ranging from insisting on a set time to pay - to instant repossession, but you should simply ignore and disregard anything BrightHouse tell you, unless it is in writing. Any kind of aggression or confrontation should be avoided at all times

If you have paid more than one third of your agreement total, BrightHouse must seek a court order before they can re-posses their goods – which are now considered as “protected goods”. (Note - if, after one third of the agreement total has been paid and BrightHouse do re-posses their goods without a court order and without your permission, then Brighthouse are in breach of their agreement and you are entitled to claim back all payments made previously on it.)

Even if you have NOT paid more than one third of your agreement total, BrightHouse must still seek a court order (return order) to re-posses goods from your home - even then they cannot forcibly enter. They can, however, re-posses their goods if they are in a public place.

If BrightHouse do decide to apply for a re-possession order (or return order), you will be notified of the hearing date and you will have the opportunity to put your case forward in court. If you want to keep the goods (and continue with your agreement) you must show the court you can still afford the repayments, and you should make a reasonable offer to reduce your arrears. The court will make a judgement and, if acceptable, order BrightHouse to accept your offer.

--------

I would suggest writing a letter similar to this one, and - assuming you are more than a third into your agreements - it MAY help you get reduced payments. (This is very unlikely though)...

Send recorded deliver to head office and copy to your local store.


Account(s) number(s) XXXXXXXXX

Dear Sirs

I am currently experiencing some financial difficulties and, as a result, have fallen behind with my weekly payments to BrightHouse.

I am receipt of a default notice for £XXXX

I do not wish to return the goods voluntarily, and as I cannot afford to pay this amount in one instalment, I would like to offer the sum of £(reasonable amount) as a reduced weekly payment. This payment plan can start immediately. I would also advise you that unless my circumstances change, this is the maximum amount I can afford for the forseeable future.

I have made this proposal (and made an offer of payment) at my local store, but my payment was refused. I was told that BrightHouse will not/cannot accept “part payments”. This “policy” only places my account(s) further into arrears and invokes further penalty charges. I find this both immoral, unfair and in direct contravention to OFT guidelines regarding the collection of debt.

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).

Please confirm in writing your acceptance or refusal of my offer in order for me to make the necessary payment arrangements, or to prepare for my defence in the County Court as appropriate.

Kindest Regards

YOU


cc - BrightHouse local store
your local Trading Standards (this never hurts)



I hope some of this helps. Again, you'll find much more detail in the full factsheet HERE and, possibly, the answers to any other questions you may have.

Please keep us posted how you get on, and don't hesitate in coming back to us if you need any further help.



Cheers
Lefty

[angelgirl]

How much is one third of agreement. i have had the tv for 8 months, washing machine for a year and PS3 for 7 months. I will not be able to pay this weeks and so with the lates fees and one week in advance payment i will owe 82 pounds

[Lefty]

One third of your agreement total is 33%

For example: If the agreement for your PS3 is over 52 weeks (1 year) then you will have paid more than one third off it at around 18 weeks.

Your TV and washing machine are probably over 156 weeks (3 years) - although they could be over 104 weeks (2 years) - this will be detailed on your agreements. If over 3 years you will have paid more than one third after a year. (If over 2 years it will be after around 35 weeks.)

Strangely, and with complete disregard to Office of Fair Trading guidelines (reproduced below), BrightHouse have an active policy of forcing you into further arrears and debt. They will NOT accept part-payments or allow you to reduce any arrears by paying a little extra for a few weeks. In fact, they will also make the FOLLOWING week/month payment due, making it even harder to “catch up” and bring your account up to date. You will also incur a weekly “penalty charge” (currently £2.70 per agreement).

For example, let's take your 3 agreements and weekly payment of £37.00. The punishment for being just ONE DAY LATE will be a required payment of £82.10. Eight days late and it becomes a staggering £127.20 !!!

An extract from the Office of Fair Trading (OFT) guidelines regarding the collection of debt:

Physical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:

f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so
g. making threatening statements or gestures or taking actions which suggest harm to debtors.

By missing just one payment, your arrears can quickly spiral out of control. Before you know it, you can find yourself in serious debt – and the debt will only increase week by week.

You really should consider writing a letter similar to the one I gave you in my previous post - and/or arrange to have all optional service cover removed from your agreements.



Cheers
Lefty

[angelgirl]

thanks for that, i will write a letter ASAP, i have paid a third of the ps3 but the tv and and washer are over 3 years, so i have not paid a third off those. So how would i stand with the reposention of the goods? I have read on here a few posts that bright house do not like going to court and will not go to court. and if i can keep brighthouse away for 24 weeks they will not do anything.

[Lefty]

If, as you say, you have had your washing machine for more than a year, then you HAVE paid more than one third of the payments for it.

You have around 16 weeks to go before your TV becomes "protected" goods.

Whether the goods are "protected" or not, BrighthHouse must have a court order (return order) to re-possess goods from your home.

Whilst it is very true that BrightHouse don't appear to like going to court, that doesn't mean they wont. Believe me, if you do not keep to your agreements, and they need to re-possess their goods from you, they will go to court and re-posses them.

As for "keeping them away for 24 weeks and they will do nothing..." I'm not sure where you got that information from. It's certainly nothing I am aware of, nor is it anything I would advise...

Let me make something very clear. The Consumer Action Group Forums are here to advise and help people who may be experiencing problems with Brighthouse. We are NOT here to suggest ways of avoiding payment to them, and we are CERTAINLY not here to condone or approve of any actions that are tantamount to theft.

Cheers
Lefty

[DCA-KING]

Please baer in mind that Brighthouse will also try and get you to sign a new agreement if they except your reduced payments you would need to make sure that your rights are also included in any new agreements
do you pay service cover if so get them removed
also i would write to caversham finance outlining your problem they are the main company
i Have had problems with brighthouse and the OFT are now taking legal action against them
Regards DK

[steven4064]

Originally Posted by DCA-KING

i Have had problems with brighthouse and the OFT are now taking legal action against them

Hi DK

When this is sorted (or before if you can) can you do a brief write up on the http://www.consumeractiongroup.co.uk...se-horror.html thread

[DCA-KING]

yes thats why i int posted yet waiting for the full pic
guess what sh*thouse wrote to us stating that they will not require us to pay off the reminder has they know that FOS and OFT have written to us asking for a statment and to sign a form for action to be taken
i told brighthouse go get lost but in there letter it states we will no long require you to pay off the balance just cant wait till its over then send them a letter stating that you i except your offer
regards DK

[Lefty]

Originally Posted by DCA-KING

yes thats why i int posted yet waiting for the full pic
guess what sh*thouse wrote to us stating that they will not require us to pay off the reminder has they know that FOS and OFT have written to us asking for a statment and to sign a form for action to be taken
i told brighthouse go get **** but in there letter it states we will no long require you to pay off the balance just cant wait till its over then send them a letter stating that you i except your offer
regards DK

DK

Please PM me on this (for now, until you have the full picture), because if that's their stand on you REFUSING to sign new agreements after after an account re-set/removal of optional service cover, then that info needs to go into our factsheet.

As I know of a similar case (writing off the balance because a customer made a legal challenge) then we have corroborated evidence of another "unwritten" BrightHouse policy to expose.


Cheers
Lefty

[angelgirl]

recieved a letter from s**ithouse 2day, saying that if i didnt bring my account upto date they will start procedings to recover the amount and goods. the amount i owe is 82 pounds because i cannot pay this weeks as i dont get my money till monday and late charges etc, Was thinking of not paying as we have decieded to start renting a tv and washer at half the price and they r arranging delivery for next week. Any advice?

[Lefty]

Originally Posted by angelgirl

recieved a letter from s**ithouse 2day, saying that if i didnt bring my account upto date they will start procedings to recover the amount and goods. the amount i owe is 82 pounds because i cannot pay this weeks as i dont get my money till monday and late charges etc, Was thinking of not paying as we have decieded to start renting a tv and washer at half the price and they r arranging delivery for next week. Any advice?

If you have had the goods, and have been using them over the last week or so, then it is only right that you pay BrightHouse what you owe them. (Personally, I would dispute any penalty charges, but that is just me!)

If you no longer require the goods, simply advise the store you want to return them, and that will be the end of it. (They may, and they're perfectly in their rights to do so, insist that you bring your account up to date first, because your service cover will have lapsed due to non-payment, and without it you cannot return goods without penalty until you have paid more than half of your agreement(s). )

(All of this information is in our factsheet)


Cheers

Lefty

[DCA-KING]

Hi lefty i am in the process of writing up the full story
it will be worth waiting for!!!!
Regards DK

[angelgirl]

help - iam scared to speak to brighthouse, iam getting a new telly and washing machine on friday from my friend and need to tell brighthouse to come and collect them, but i havnt paid for them as i have been short of money as my rent was due etc. I would like to keep the play sation as we use that alot put havnt paid for that as i needed to pay my prioty debts. Wot do i d?

[Lefty]

If you are absolutely sure your PlayStation is an essential item (which, to be honest, I think few people would agree), you should be able to negotiate the return of your TV and washing machine and still keep the PlayStation.

This would involve actually SPEAKING to the manager at your store, who (believe it or not) may be prepared to help you.

Bottom line is this...

Your TV and washing machine are not "protected" goods (ie - you haven't paid more than a third off the agreements for them) so BrightHouse CAN re-possess them - WITHOUT A COURT ORDER - as long as you consent to their removal from your home.

However, you HAVE paid more than a third off the agreement for you PlayStation so BrightHouse WOULD need a court order to re-possess it WITHOUT YOUR CONSENT.

T