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Old 21st May 2008, 14:59   #81 (permalink)
sweetnsexyenglish
Gold Account Customer
 
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Default Re: Advice Needed RE: BRIGHTHOUSE

brighthouseripoff you are quick off the mark this morning, I have been so busy chasing phone calls that when I remembered to do the letter I didn't see the other replies lol, my defense...i'm having an air head moment
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Old 21st May 2008, 15:03   #82 (permalink)
BrighthouseRipOff
Basic Account Customer
Default Re: Advice Needed RE: BRIGHTHOUSE

Quote:
Originally Posted by sweetnsexyenglish View Post
Agreement Number

RE: Supply Of Goods Act 1973 (Implied Terms)

RE: Acer Laptop



Dear Sir or Madam

Please be advised I am issuing you a reminder that you have a remaining xxxx days in which to rectify the matter in regards to the above item before I begin to take legal action against yourselves. May I again draw your attention to The Sale and Supply of Goods to Consumers Regulations 2002,48B Repair or Replacement of the goods:
(2) If the buyer requires the seller to repair or replace the goods, the seller must -
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

I therefore wish to remind you that 9 weeks is an unreasonable amount of time and that a further 14 days has been given which I find to be more than reasonable considering my current treatment as a “valued customer”.

I would also wish to remind you that as this is a Hire Purchase Agreement I am not responsible for any repairs to the faulty item as I do not legally own the item and 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. And should you decline to rectify this matter I can and will take action against both You the local Brighthouse Store & Caversham Finance for the supply of said item and breach of contract.



I look forward to hearing from you.


Yours faithfully



cc

Caversham Finance Limited (Trading as Brighthouse)
Sheffield Trading Standards



How about that chuck
Thanks what do you think about the letter i received from Trading Standards today? Do you think i should send a copy to Brighthouse?

Also what do you think of my reminder letter? your's is better in my opinion.
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Old 21st May 2008, 15:07   #83 (permalink)
sweetnsexyenglish
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Default Re: Advice Needed RE: BRIGHTHOUSE

Quote:
Originally Posted by BrighthouseRipOff View Post
I have recevied a letter from Trading Standards today, it says:

Thank you for your correspondence regarding Caversham Finance Limited and your defective laptop.

You could advice the finance company that you intend to complain to the Financial Ombudsman. FOS can be contacted on 020 7963 0500. Your hire purchase agreement should have a termination section which you can threaten to use if they fail to repair the laptop.
The long delay causing significant inconvenience may require the finance company to replace the laptop. You should write to them requesting that it be replaced for this reason. If they refuse you can sue them for the replacement value or damages.

Maybe i should send a copy of this letter to Brighthouse
Quote:
Originally Posted by sweetnsexyenglish View Post
Agreement Number

RE: Supply Of Goods Act 1973 (Implied Terms)

RE: Acer Laptop



Dear Sir or Madam

Please be advised I am issuing you a reminder that you have a remaining xxxx days in which to rectify the matter in regards to the above item before I begin to take legal action against yourselves. May I again draw your attention to The Sale and Supply of Goods to Consumers Regulations 2002,48B Repair or Replacement of the goods:

(2) If the buyer requires the seller to repair or replace the goods, the seller must -
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;


I therefore wish to remind you that 9 weeks is an unreasonable amount of time and that a further 14 days has been given which I find to be more than reasonable considering my current treatment as a “valued customer”. Also be aware that I have also brought this matter to the attention of Trading Standards who have advised me to also contact The Financial Ombudsman, and that I can request a replacement on the grounds that the length of time and inconvenience caused. Please find a copy of their letter attached.


I would also wish to remind you that as this is a Hire Purchase Agreement I am not responsible for any repairs to the faulty item as I do not legally own the item and 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. And should you decline to rectify this matter I can and will take action against both You the local Brighthouse Store & Caversham Finance for the supply of said item and breach of contract.



I look forward to hearing from you.


Yours faithfully



cc

Caversham Finance Limited (Trading as Brighthouse)
Sheffield Trading Standards



How about that chuck
Have added on the new info
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Old 21st May 2008, 15:09   #84 (permalink)
sweetnsexyenglish
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Default Re: Advice Needed RE: BRIGHTHOUSE

we keep crossing in the post as you can see I have added info, I would suggest you photocopy your letter from trading standards along with reminder letter and get it to them a.s.a.p could you get someone to hand deliver your letter to the store??
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Old 21st May 2008, 15:14   #85 (permalink)
BrighthouseRipOff
Basic Account Customer
Default Re: Advice Needed RE: BRIGHTHOUSE

Quote:
Originally Posted by sweetnsexyenglish View Post
we keep crossing in the post as you can see I have added info, I would suggest you photocopy your letter from trading standards along with reminder letter and get it to them a.s.a.p could you get someone to hand deliver your letter to the store??
Ok, I will photocopy it then Unfortunately i cannot get anyone to hand deliver it to the store, if it's sent first thing tomorrow by recorded delivery it will get there Friday.
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Old 21st May 2008, 15:28   #86 (permalink)
sweetnsexyenglish
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Default Re: Advice Needed RE: BRIGHTHOUSE

but that means you would then have to deduct days off so if its 7 days today you have to issue it from tomorrows date as the date its going in the post so 6days get me?
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Old 21st May 2008, 15:35   #87 (permalink)
BrighthouseRipOff
Basic Account Customer
Default Re: Advice Needed RE: BRIGHTHOUSE

Quote:
Originally Posted by sweetnsexyenglish View Post
but that means you would then have to deduct days off so if its 7 days today you have to issue it from tomorrows date as the date its going in the post so 6days get me?
I know what you're saying, it's 7 days tomorrow, as the last letter was sent last Thursday.
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Old 21st May 2008, 15:40   #88 (permalink)
sweetnsexyenglish
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Default Re: Advice Needed RE: BRIGHTHOUSE

ok no worries
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Old 22nd May 2008, 16:42   #89 (permalink)
BrighthouseRipOff
Basic Account Customer
Default Re: Advice Needed RE: BRIGHTHOUSE

This letter was sent to my local store today, also a copy was sent to BrightHouse's new Head Office address, Both letters had a copy of the letter of received from Trading Standards attached.


Dear Sir/Madam,

This is a reminder informing you that there is now 7 days remaining for you to resolve the situation regarding my laptop.

If i do not receive my laptop within the next 7 days, your time to resolve the situation will have expired and court proceedings will commence.

I am fully aware of my rights, the laptop is only 18 months old, You are responsible for this item for up to 6 years, My rights do not come to an end after 12 month's, simply because the manufacturer's warranty has expired.

I presume that the Laptop i will be getting is my laptop that i took into your store to be repaired? As i will be contacting Acer to confirm that my laptop was sent to them and repaired.

If you are replacing my laptop with a different model then it has to be one of similar value and specification, also it would have to carry on under my current agreement, Or if i were to have to sign a revised agreement then all payments made on the item to date would have to be taken into account.

If i was offered a laptop of less value or of lower specification then i would be entitled to a partial refund of the difference in value of the replacement item.

Hopefully this matter will be resolved within the next 7 days, If not then unfortunately court proceedings will commence immediately, no further time will be given due to the fact that i have now been waiting 10 weeks for my laptop to be repaired, and despite me sending letters to you and your head office for the past 6 weeks.



Also be aware that I have also brought this matter to the attention of Trading Standards who have advised me to also contact The Financial Ombudsman, and that I can request a replacement on the grounds that the length of time and inconvenience caused. Please find a copy of their letter attached.

May I again draw your attention to The Sale and Supply of Goods to Consumers Regulations 2002,48B Repair or Replacement of the goods:
(2) If the buyer requires the seller to repair or replace the goods, the seller must -
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

I therefore wish to remind you that 10 weeks is an unreasonable amount of time and that you now have 7 days remaining which I find to be more than reasonable considering my current treatment as a “valued customer”, I have been a customer with you for 11 years.

I would also wish to remind you that as this is a Hire Purchase Agreement I am not responsible for any repairs to the faulty item as I do not legally own the item and 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. And should you decline to rectify this matter I can and will take action against both You the local Brighthouse Store & Caversham Finance for the supply of said item and breach of contract.

I look forward to hearing from you.

Yours Faithfully,


cc

Caversham Finance Limited (Trading As BrightHouse)
Sheffield Trading Standards




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Old 22nd May 2008, 19:36   #90 (permalink)
sweetnsexyenglish
Gold Account Customer
 
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Default Re: Advice Needed RE: BRIGHTHOUSE

Quote:
Originally Posted by BrighthouseRipOff View Post
This letter was sent to my local store today, also a copy was sent to BrightHouse's new Head Office address, Both letters had a copy of the letter of received from Trading Standards attached.


Dear Sir/Madam,

This is a reminder informing you that there is now 7 days remaining for you to resolve the situation regarding my laptop.

If i do not receive my laptop within the next 7 days, your time to resolve the situation will have expired and court proceedings will commence.

I am fully aware of my rights, the laptop is only 18 months old, You are responsible for this item for up to 6 years, My rights do not come to an end after 12 month's, simply because the manufacturer's warranty has expired.

I presume that the Laptop i will be getting is my laptop that i took into your store to be repaired? As i will be contacting Acer to confirm that my laptop was sent to them and repaired.

If you are replacing my laptop with a different model then it has to be one of similar value and specification, also it would have to carry on under my current agreement, Or if i were to have to sign a revised agreement then all payments made on the item to date would have to be taken into account.

If i was offered a laptop of less value or of lower specification then i would be entitled to a partial refund of the difference in value of the replacement item.

Hopefully this matter will be resolved within the next 7 days, If not then unfortunately court proceedings will commence immediately, no further time will be given due to the fact that i have now been waiting 10 weeks for my laptop to be repaired, and despite me sending letters to you and your head office for the past 6 weeks.



Also be aware that I have also brought this matter to the attention of Trading Standards who have advised me to also contact The Financial Ombudsman, and that I can request a replacement on the grounds that the length of time and inconvenience caused. Please find a copy of their letter attached.

May I again draw your attention to The Sale and Supply of Goods to Consumers Regulations 2002,48B Repair or Replacement of the goods:
(2) If the buyer requires the seller to repair or replace the goods, the seller must -
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

I therefore wish to remind you that 10 weeks is an unreasonable amount of time and that you now have 7 days remaining which I find to be more than reasonable considering my current treatment as a “valued customer”, I have been a customer with you for 11 years.

I would also wish to remind you that as this is a Hire Purchase Agreement I am not responsible for any repairs to the faulty item as I do not legally own the item and 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. And should you decline to rectify this matter I can and will take action against both You the local Brighthouse Store & Caversham Finance for the supply of said item and breach of contract.

I look forward to hearing from you.

Yours Faithfully,


cc

Caversham Finance Limited (Trading As BrightHouse)
Sheffield Trading Standards




Hi again, well good luck, just a word of advice when writing letters, try not to repeat yourself through out the letter i.e. the remaining time left... be concise and to the point, I feel it is better to take an approach which is less self/feelings and deal with things authoritatively, letting them know you mean business. The letter was just a reminder to let them know the clock was ticking, what ever they choose to do is left to them you outlined what you expected .i.e. what the law states....if they choose to delay worst luck for them.
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Old 22nd May 2008, 20:45   #91 (permalink)
BrighthouseRipOff
Basic Account Customer
Default Re: Advice Needed RE: BRIGHTHOUSE

Thanks Sweetnsexyenglish, what do you think they will do? As i said before my laptop is due to come back either this week or early next week.

I will get them one way or the other, if they don't do anything then it will go to court & i would be confident of winning.

However in the letter i sent today i told them that i would be contacting Acer to find out whether it was sent to them and repaired.

If they gave me a new laptop then that would be ok but i wouldn't want a second hand one as the value of it would be a lot less than the one i had.

I am hoping that the copy of the Trading Standards letter that i received will make them take me seriously and hopefully rattle them even more.
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Old 22nd May 2008, 21:28   #92 (permalink)
sweetnsexyenglish
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Default Re: Advice Needed RE: BRIGHTHOUSE

Quote:
Originally Posted by BrighthouseRipOff View Post
Thanks Sweetnsexyenglish, what do you think they will do? I really cant guess at what they will do, you can only hope they see the letter and respond for fear of legal action costing the company more than to have dealt with you properly in the first place. I can only state my opinion based on my dealings with them, that a well argued letter and knowledge of the law will make brighthouse fold...as even I saw that the deputy manager/acting manager was out of her depth when hit with my letters...and the new manager read my letter and thought I was a law student, case closed new laptop. I actually study computers and english the only law i study is computer law...
I will get them one way or the other, if they don't do anything then it will go to court & i would be confident of winning.
there is no doubt you will!!
However in the letter i sent today i told them that i would be contacting Acer to find out whether it was sent to them and repaired.

If they gave me a new laptop then that would be ok but i wouldn't want a second hand one as the value of it would be a lot less than the one i had.
you do not have to accept a second hand laptop so do not feel pressured into accepting if offered just as you do not have to accept anything that was not originally on the first contract though you did have osc/dlc which I gather you are going to cancel just to be the customer from hell
I am hoping that the copy of the Trading Standards letter that i received will make them take me seriously and hopefully rattle them even more.
GOOD LUCK
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Old 23rd May 2008, 00:38   #93 (permalink)
Lefty
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I am in: West Midlands
Posts: 450
Lefty InformativeLefty InformativeLefty Informative
Default Re: Advice Needed RE: BRIGHTHOUSE

You're just a little confused about the six years...

That is the length of time you can submit a claim, and not, necessarily, how long a product should last.

An expensive laptop should be DURABLE and last as long as would be REASONABLE to expect by a REASONABLE PERSON.

As long as you have quoted the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973 in your letter, there is no need for you to attempt to explain its contents.

Do ya follow me?



Cheers
Lefty

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Old 23rd May 2008, 01:04   #94 (permalink)
BrighthouseRipOff
Basic Account Customer
Default Re: Advice Needed RE: BRIGHTHOUSE

Quote:
Originally Posted by Lefty View Post
You're just a little confused about the six years...

That is the length of time you can submit a claim, and not, necessarily, how long a product should last.

An expensive laptop should be DURABLE and last as long as would be REASONABLE to expect by a REASONABLE PERSON.

As long as you have quoted the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973 in your letter, there is no need for you to attempt to explain its contents.

Do ya follow me?



Cheers
Lefty
Hi Lefty, I know what you mean, i did quote the Supply Of Goods Act 1973.

I'm now hoping that this matter will be resolved within the next week, if i have to take it to court i will, i'd rather sort it out before it gets to that stage but it's up to them, the ball's in their court.

What do you think they might do in your opinion and from experiences you have heard in the past?
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Old 23rd May 2008, 01:34   #95 (permalink)
Lefty
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I am in: West Midlands
Posts: 450
Lefty InformativeLefty InformativeLefty Informative
Default Re: Advice Needed RE: BRIGHTHOUSE

Quote:
Originally Posted by BrighthouseRipOff