Advice Needed RE: BRIGHTHOUSE - Page 3

BrighthouseRipOff · 14th May 2008, 16:12

Quote:

Originally Posted by Lefty

Yes. The fact that the OP is no longer is possession of the laptop is important to this case. It could, as you suggest, be considered as unlawful repossession, in which case all payments made on the agreement to date should be refunded.

Well spotted!

Cheers
Lefty

Thank you Lefty and Sweetnsexyenglish

BrighthouseRipOff · 14th May 2008, 16:16

Do i need to add the part about claiming back all of what i have paid on the OSC? Which is £441.00?

Also what about the fact you mentioned above regarding me not being in possession of the laptop and that being considered as unlawful?

Lefty · 14th May 2008, 16:24

Quote:

Originally Posted by BrighthouseRipOff

Do i need to add the part about claiming back all of what i have paid on the OSC? Which is £441.00?

Quote:

Originally Posted by BrighthouseRipOff

Also what about the fact you mentioned above regarding me not being in possession of the laptop and that being considered as unlawful?

No. Don't add anything to the store copy. It should be the same letter as sent to head office. You have already stated in that letter that you seek a refund for all OSC payments made.

The point made by sweetnsexyenglish is if you do not have your laptop returned then (technically) it could be considered as repossessed without your consent AND without a court order. A judge MAY decide to order BrightHouse to return of all payments made on it due to this.

Cheers
Lefty

BrighthouseRipOff · 14th May 2008, 16:25

Quote:

Originally Posted by Lefty

No. Don't add anything to the store copy. It should be the same letter as sent to head office. You have already stated in that letter that you seek a refund for all OSC payments made.

The point made by sweetnsexyenglish is if you do not have your laptop returned then (technically) it could be considered as repossessed without your consent AND without a court order. A judge MAY decide to order BrightHouse to return of all payments made on it due to this.

Cheers
Lefty

Ok, no problem, thanks again Lefty, I'll have it sent tomorrow morning.

sweetnsexyenglish · 14th May 2008, 17:37

Dear Madam or Sir:

Under the Sale of Goods act it stipulates as a consumer I have the right to goods that are:

“Of a Satisfactory Quality, i.e. generally free from fault or defect, of a reasonable appearance and finish and safe and durable.
Fit for the purpose - goods should be fit for any specific or particular purpose made known at the time of the agreement.
As described - goods should correspond with any description applied to them.” As stated in the Sale of Goods Act.
I have identified the following faults:

1. List Faults
2.
3.
4.

Under the Supply of Goods to Consumers Regulations 2002 it stipulates I have the right to request a repair or replacement or a full or partial refund, I am also aware that items have a life expectancy and the higher priced the item the longer I can assume the product should last .

I am also aware that faulty or defective items are in breach of said contract regardless of whether the item is outside the 12 month warranty.

Under the contract my rights state I can take the item into the store and make my request and it should be dealt with in a reasonable amount of time, I can also hold the finance company liable for the supply of said item and the breach of contract.

And that said exchange should be of value to the amount paid under the contract or contract value but can not be lower otherwise I have the right to request a partial refund to the difference of the value of replacement item.

If the store can not make a suitable exchange I have the right to request a refund of monies paid for the defective item.

I also have evidence this is not the first time Brighthouse have sold substandard items and tried to refuse customer's rights under the Sale of Goods Act and the Consumer Credit Act as well as the Supply of Goods to Consumers Regulations 2002.

As the laptop is a required item and the inconvenience caused through the prolonged delay in finding an adequate replacement of like for like value, if a refund or exchange is not supplied I will again be seeking legal advice in taking this mater further.

Yours faithfully

Sorry for the delay was on the phone....what I have done is edited out a lot of my last letter and left you with relevant information that you can include in your letter to the store....just word it or arrange it in your manner but the above info is usefull to add.

PS my item was over 12mths old outside warranty so yes I woud push for your entitlement and not be fobbed off.

BrighthouseRipOff · 14th May 2008, 17:41

I have just printed out a complaint form off from the Financial Ombudsman website, i have filled it in and this will also be sent out tomorrow.

sweetnsexyenglish · 14th May 2008, 17:45

ohh i'm soo slow :o see Lefty has been very helpful as usually, should really stop praising this man ((I take it he is a he and not a she)) lol it will make his head grow but you seem to be on the right track Brighthouseripoff....

BrighthouseRipOff · 14th May 2008, 18:02

I am thinking of sending the following letter to my local store, this has been done using lefty's template plus adding to it using sweetnsexybritish's letter:

Agreement Number

RE: Supply Of Goods Act 1973 (Implied Terms)

RE: Acer Laptop

Dear Sir or Madam

I refer to my previous letters which you have failed to respond to.

It has now been over 9 weeks since the above item was returned to BrightHouse, this is an unreasonable amount of time.

Although I pay for OSC for the above, I feel BrightHouse are in breach of the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973. I would respectfully remind you that manufacturer’s warranties (and, indeed, any extended warranties OSC) are IN ADDITION to consumer’s STATUATORY RIGHTS. These rights are very clear and, in the case of a HIRE PURCHASE agreement, refer to THE SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973.

In particular: 1- Implied term about quality

(1) In section 14 of the [1979 c. 54.] Sale of Goods Act 1979 (implied terms about quality or fitness) for subsection (2) there is substituted—
“(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any
description of the goods, the price (if relevant) and all the other relevant circumstances.
(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.

A freely available guide (based on consumer groups and manufacturer’s websites) suggests a “good quality” laptop should have a life expectancy (durability factor) of around 4 – 5 years. It can, therefore, be deduced from these figures that a “reasonable” person would expect a “good quality” laptop to last at least 3 years and would certainly not expect it to cease to function after only one and a half years. Of course, the original price and quality of the laptop should be taken into account, and at £896.00 (2006 price) this would certainly indicates an “up-market” quality product.

Under the Supply of Goods to Consumers Regulations 2002 it stipulates I have the right to request a repair or replacement or a full or partial refund, I am also aware that items have a life expectancy and the higher priced the item the longer I can assume the product should last

I am also aware that faulty or defective items are in breach of said contract regardless of whether the item is outside the 12 month warranty.

Under the contract my rights state I can take the item into the store and make my request and it should be dealt with in a reasonable amount of time, I can also hold the finance company liable for the supply of said item and the breach of contract.

And that said exchange should be of value to the amount paid under the contract or contract value but can not be lower otherwise I have the right to request a partial refund to the difference of the value of replacement item.

If the store can not make a suitable exchange I have the right to request a refund of monies paid for the defective item.

As the laptop is a required item and the inconvenience caused through the prolonged delay in finding an adequate replacement of like for like value, if a refund or exchange is not supplied I will again be seeking legal advice in taking this matter further.

What I require:

Confirmation (in writing and within 14 days) that CAVERSHAM FINANCE (trading as BRIGHTHOUSE) will facilitate a satisfactory repair to the above item, or supply a replacement item of comparable age and specification in full working order. If neither solution is practical, then a realistic partial refund would be the only recourse.

Regretfully, if I do not hear from you within 14 days, or if you fail to respond positively to my requests, I will have no alternative than to persue the matter through the small claims court. I should also advise you that my claim will also request a refund of all payments made on the additional OSC contract that I believe was mis-sold and was completely worthless.

I look forward to hearing from you.

Yours faithfully

cc

Caversham Finance Limited (Trading as Brighthouse)
Sheffield Trading Standards

sweetnsexyenglish · 14th May 2008, 18:26

Agreement Number

RE: Supply Of Goods Act 1973 (Implied Terms)

RE: Acer Laptop

Dear Sir or Madam

I refer to my previous letters which you have failed to respond to.

Although I pay for OSC for the above item, I feel BrightHouse are in breach of the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973. I would respectfully remind you that manufacturer’s warranties (and, indeed, any extended warranties OSC) are IN ADDITION to consumer’s STATUATORY RIGHTS. These rights are very clear and, in the case of a HIRE PURCHASE agreement, refer to THE SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973.

In particular: 1- Implied term about quality

(1) In section 14 of the [1979 c. 54.] Sale of Goods Act 1979 (implied terms about quality or fitness) for subsection (2) there is substituted—
“(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any
description of the goods, the price (if relevant) and all the other relevant circumstances.
(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.

A freely available guide (based on consumer groups and manufacturer’s websites) suggests a “good quality” laptop should have a life expectancy (durability factor) of around 4 – 5 years. It can, therefore, be deduced from these figures that a “reasonable” person would expect a “good quality” laptop to last at least 3 years and would certainly not expect it to cease to function after only one and a half years. Of course, the original price and quality of the laptop should be taken into account, and at £896.00 (2006 price) this would certainly indicates an “up-market” quality product.

Under the Supply of Goods to Consumers Regulations 2002 it stipulates I have the right to request a repair or replacement or a full or partial refund, I am also aware that items have a life expectancy and the higher priced the item the longer I can assume the product should last

I am also aware that faulty or defective items are in breach of said contract regardless of whether the item is outside the 12 month warranty.

Under the contract my rights state I can take the item into the store and make my request and it should be dealt with in a reasonable amount of time, however 9 weeks have since elapsed and you have made no attempt to rectify this matter. Please be advised I can also hold the finance company liable for the supply of said item and the breach of contract.

Should you choose to offer me a replacement said exchange should be of value to the amount paid under the contract or contract value but can not be lower otherwise I have the right to request a partial refund to the difference of the value of replacement item.

If the store can not make a suitable exchange I have the right to request a refund of monies paid for the defective item.

As the laptop is a required item and the inconvenience caused through the prolonged delay in finding an adequate replacement of like for like value, if a refund or exchange is not supplied I will again be seeking legal advice in taking this matter further.

What I require:

Confirmation (in writing and within 14 days) that CAVERSHAM FINANCE (trading as BRIGHTHOUSE) will facilitate a satisfactory repair to the above item, or supply a replacement item of comparable age and specification in full working order. If neither solution is practical, then a realistic partial refund would be the only recourse.

Regretfully, if I do not hear from you within 14 days, or if you fail to respond positively to my requests, I will have no alternative than to persue the matter through the small claims court. I should also advise you that my claim will also request a refund of all payments made on the additional OSC contract that I believe was mis-sold and was completely worthless.

I look forward to hearing from you.

Yours faithfully

cc

Caversham Finance Limited (Trading as Brighthouse)
Sheffield Trading Standards

Just moved somethings around for you still not sure on your opening sentance but it seems good i'm sure Lefty will comment if there is anything wrong.

sweetnsexyenglish · 14th May 2008, 18:40

Quote:

Originally Posted by BrighthouseRipOff

I have just printed out a complaint form off from the Financial Ombudsman website, i have filled it in and this will also be sent out tomorrow.

Just a quick note when I contacted them in regards to BH i called up, and when I contacted them the other day in regards to LBL I emailed them a letter explaing full complaint.

complaint.info@financial-ombudsman.org.uk

BrighthouseRipOff · 14th May 2008, 19:31

Thank you for replying again sweetnsexyenglish, I think the point should be made in the letter that the laptop has not been in my possession for 9 and a half weeks now and that is totally unacceptable.

BrighthouseRipOff · 14th May 2008, 19:36

How about this letter?

Agreement Number

RE: Supply Of Goods Act 1973 (Implied Terms)

RE: Acer Laptop

Dear Sir or Madam

I refer to my previous letters which you have failed to respond to.

Although I pay for OSC for the above, I feel BrightHouse are in breach of the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973. I would respectfully remind you that manufacturer’s warranties (and, indeed, any extended warranties OSC) are IN ADDITION to consumer’s STATUATORY RIGHTS. These rights are very clear and, in the case of a HIRE PURCHASE agreement, refer to THE SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973.

In particular: 1- Implied term about quality

(1) In section 14 of the [1979 c. 54.] Sale of Goods Act 1979 (implied terms about quality or fitness) for subsection (2) there is substituted—
“(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any
description of the goods, the price (if relevant) and all the other relevant circumstances.
(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.

A freely available guide (based on consumer groups and manufacturer’s websites) suggests a “good quality” laptop should have a life expectancy (durability factor) of around 4 – 5 years. It can, therefore, be deduced from these figures that a “reasonable” person would expect a “good quality” laptop to last at least 3 years and would certainly not expect it to cease to function after only one and a half years. Of course, the original price and quality of the laptop should be taken into account, and at £896.00 (2006 price) this would certainly indicates an “up-market” quality product.

Under the Supply of Goods to Consumers Regulations 2002 it stipulates I have the right to request a repair or replacement or a full or partial refund, I am also aware that items have a life expectancy and the higher priced the item the longer I can assume the product should last

I am also aware that faulty or defective items are in breach of said contract regardless of whether the item is outside the 12 month warranty.

Under the contract my rights state I can take the item into the store and make my request and it should be dealt with in a reasonable amount of time, I can also hold the finance company liable for the supply of said item and the breach of contract.

The Acer Laptop which i brought into your store on 8th March 2008 has now been out of my possession for over 9 weeks, this is an unreasonable amount of time.

You have already had more than enough time to repair this item, however i have not received the item back from you, therefore leaving me without a required item for an unacceptable period of time.

And that said exchange should be of value to the amount paid under the contract or contract value but can not be lower otherwise I have the right to request a partial refund to the difference of the value of replacement item.

If the store can not make a suitable exchange I have the right to request a refund of monies paid for the defective item.

As the laptop is a required item and the inconvenience caused through your inability to fix the said item within a reasonable amount of time, i require that you either return my laptop to me repaired within 14 days, or if this cannot be done then an exchange of a similair item with similair specification and age and in full working order should be supplied, failing that then a partial refund should be made.

What I require:

Confirmation (in writing and within 14 days) that CAVERSHAM FINANCE (trading as BRIGHTHOUSE) will facilitate a satisfactory repair to the above item, or supply a replacement item of comparable age and specification in full working order. If neither solution is practical, then a realistic partial refund would be the only recourse.

Regretfully, if I do not hear from you within 14 days, or if you fail to respond positively to my requests, I will have no alternative than to persue the matter through the small claims court. I should also advise you that my claim will also request a refund of all payments made on the additional OSC contract that I believe was mis-sold and was completely worthless.

I look forward to hearing from you.

Yours faithfully

cc
Caversham Finance Limited (Trading as Brighthouse)
Sheffield Trading Standards
Financial Ombudsman

BrighthouseRipOff · 14th May 2008, 19:41

Because this laptop has now been out of my possession for so long then surely i should give them 14 days to either get the laptop back to me repaired, or for them to exchange or partially refund? it's a joke in itself that i have been without the item for so long already.

sweetnsexyenglish · 14th May 2008, 19:47

Quote:

Originally Posted by BrighthouseRipOff

Thank you for replying again sweetnsexyenglish, I think the point should be made in the letter that the laptop has not been in my possession for 9 and a half weeks now and that is totally unacceptable.

It is still there but I have put it next to the part where it says you expect items to be repaired within a reasonable amount of time.....

as it doesn't pay to repeat yourself

BrighthouseRipOff · 14th May 2008, 19:54

Quote:

Originally Posted by sweetnsexyenglish

It is still there but I have put it next to the part where it says you expect items to be repaired within a reasonable amount of time.....

as it doesn't pay to repeat yourself

Sorry i didn't see that there lol, that's why i mentioned it, thanks.

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