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Old 1st May 2008, 15:56   #1 (permalink)
Lefty
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Lefty InformativeLefty Informative
Default Interesting Point? Worth a challenge you reckon?

I was speaking to a BrightHouse customer yesterday (Jane) who tells me she pays her account on a MONDAY rather than the (usually) required SATURDAY. In order to do this, she had to make a one-off payment covering 9 days (instead of the usual 7), which took her to a MONDAY next due date.

Her reason for wanting to pay on a Monday is simply because that is the day she receives her money (she is on benefit.) She is much happier paying her "bills" at the start of her week as that way she then knows she wont get behind with them. When a bank holiday falls on a Monday, she is usually paid her benefit on the previous Friday.

BrightHouse ARE open for business on bank holidays, but Susan wasn't aware of this and simply assumed her payment would be due on the following Tuesday. However, last time this happened she was hit with late payment charges and BrightHouse insisted that, seeing as THEY were open, were perfectly in their rights to charge them.

Now then, that got me thinking...

What POSSIBLE "breach of contract" or "damages" could BrightHouse suffer by not receiving a CASH payment on a bank holiday? The payment wouldn't have been banked if it had been received, and it would have only reached BrightHouse's account the following Tuesday anyway!

For her own reasons, Jane finds it very inconvenient to go to her local BrightHouse store when it's a bank holiday. For one thing, she is often 100 miles away, and for another she and her family do actually treat the day as a HOLIDAY. Besides which (and I fully agree with her) IT IS A MATTER OF PRINCIPLE!

So, being the pedantic "git" that I am, that got me thinking even more...

For Jane to avoid being hit with late payment charges when a bank holiday occurs (and there's another coming up next week) she has to make her payment EARLY...

...and with that being the case, and being somewhat FORCED into the situation, does she not have grounds to charge BrightHouse £2.70 per agreement for damages, inconvenience and her administration costs in having to make EARLY PAYMENTS?

OK, I know... It's a bit of a stretch, but I do think it is an important point, and another one of BrightHouse's one-sided and unfair contract terms that needs to be challenged!

What do you think?


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Old 1st May 2008, 23:53   #2 (permalink)
steven4064
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Default Re: Interesting Point? Worth a challenge you reckon?

Quote:
Originally Posted by Lefty View Post
What do you think?
Clutching at straws TBH

However, IMO all BH's late payment charges are unlawful penalties and should be claimed back. I got them.
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Old 2nd May 2008, 09:29   #3 (permalink)
Lefty
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Default Re: Interesting Point? Worth a challenge you reckon?

Quote:
Clutching at straws TBH


Yes, I know. And you must surely appreciate that the conclusion of my post was somewhat "tongue-in-cheek"...

But surely there is some point of law in my argument? Is not a bank holiday a statutory "public" holiday? Other company's terms and conditions often have terms like, "payment due in 7 working days, not including weekends and bank holidays"...

My question is: Is it not unlawful to INSIST on a financial transaction (with the threat of penalty charge for non-compliance) on a bank holiday?


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Old 2nd May 2008, 12:02   #4 (permalink)
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Default Re: Interesting Point? Worth a challenge you reckon?

Quote:
Originally Posted by Lefty View Post
My question is: Is it not unlawful to INSIST on a financial transaction (with the threat of penalty charge for non-compliance) on a bank holiday?
Now that is a good question. It might be worth her while write to CF and telling them what the store did and asking for the charges back, pointing out that it was a bank holiday, etc.
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Old 23rd May 2008, 10:26   #5 (permalink)
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Default Re: Interesting Point? Worth a challenge you reckon?

Well, here we are - and another bank holiday weekend!

BrightHouse just luuuuve bank holiday weekends, and dish out late payment charges like they are sweets!

Will you be one of the 5% of BrightHouse's 124,000 customers paying late this week?

BrightHouse hope so! You will be contributing to their £70,000 profit bonus for next week!

SUPPORT YOUR LOCAL BRIGHTHOUSE

PAY LATE ON A BANK HOLIDAY

BECAUSE

EVERY LITTLE HELPS!



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Old 1st June 2008, 21:02   #6 (permalink)
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Default Re: Interesting Point? Worth a challenge you reckon?

what would of happened if she'd paid by direct debit. i thought a bank holiday was a day when commerce took a rest.
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Old 2nd June 2008, 11:47   #7 (permalink)
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Default Re: Interesting Point? Worth a challenge you reckon?

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what would of happened if she'd paid by direct debit. i thought a bank holiday was a day when commerce took a rest.
I dont think Brighthouse take dd's so it doesn't count...cash or credit card payments unless they have recently changed their rules.
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