BrightHouse Urgent Advice needed!!

[sweetnsexyenglish]

I am really desperate for some advice because I think I am going to end up loosing it i.e. my temper and have had so many personal problems at the moment I really can not take anymore.

The story so far...

I brought a lap top from brighthouse March last year, the one I requested was a brand item what I actually received wasn't but I didn't find this out till I needed a part and called curry's parts master where they could'nt find anything on the model no. I gave them.

The long and short of it was that brighthouse came up with the name Infinity and contracted two companies one to make the shell the other to make the internal. the cash price is £846.36 over 104 weeks at a rate of £10.45 a week with interest making it over a £1000.

After having the laptop 15 mths the lap top has fallen to bits, the key's dont type .i.e. missing out letters, the dvd drive has fallen out the machine, the part to open the drive has fallen off, the hindges are cracked and falling apart and the lettering is coming off the keyboard not to mention the constant blue screens.

I have been to them a few times and enough is enough, as the only offer is I either added service cover so it can be fixed, I dont want it fixed as once I finish paying for it the service cover ends, they offer extended service cover but not on the lap tops?? Because the model no. is not recognised I would have the same problems once I finish paying for it with no one responsible for it.

So they say I should claim it on my home insurance but that would mean I have to lie and say it was accidental damage, but then I will loose my two year no claims, my premium will go up plus I have to pay £50 technical report and £50 to log my claim.

I decided not to pay them to force them to do something, but they dont accept part payment so I cant pay on the two good items without paying on the item falling apart. I have been to CAB and was advised the item costing £1000 should give me 10yrs service not 15mths and that the item is not fit for purpose, I have been to trading standards and was advised to start the letter process but because I refuse to pay for the lap top and they wont accept my money on the items that are ok that they can make me look like a debter by making my account be defaulted.

Saturday I received a call from the store the person was from another store I explained everything and they decided to go straight to the area manager over the shop manager's head. ((considering I called customer care three times last week and never received a call from the area manager as promised until my last complaint where I stated the area manager couldn't even lower himself to talk to me)) Now they offering me a like for like exchange and transfer what I have paid already but only on a refurbished item if its a brand new I loose everything I have paid already as I have to start from scratch??

I have worked out based on there info, they say I have 33 weeks left on my contract. Original terms are 104 so that means I have paid 71 weeks which total £741.95...yet they say i've paid £661.95...

The deal is I have to take service cover in order to get the exchange on a like for like refurbished ((second hand)) item. What they are offering me... the cash price is £526.87 brand new with interest £674.96... if they transfer what I've paid already it wipes out the cash price hence they would owe me money, but as it's a second hand item they really should not be charging me the brand new cost... now because they want me to take service cover and I have been told they can not put service cover on an item that is to be paid off how can they expect to still charge me on this exchange?? But as far as they are concerned they cant see the problem that I have paid more than the cost of the brand new item yet they selling me a second hand and still trying to make money...What do I do?

I called trading standards but what they say I should request seem long winded which is a partial refund...which although sounds right brighthouse wont do the right thing, or they say I should recind the contract (dont ask) can someone offer any advice??

[sweetnsexyenglish]

After going into the store with my receipts which did show I'd paid way more than I had perviously been told, I brought up the conversation I had with Trading Standards, however the deputy manager is useless she has no power to deal with anything off her own judgment. She then called or claimed to call the area manager who basically gave me two choices, one to put it in writing to him or go down the route of trading standards which more seems like a slap in the face to say they refuse to do anything for me.

I have emailed out a copy of the letter but am going to post three more recorded delivery to both the shop, head office and the address he supplied me with. He didn't even have the decency to give me a number to contact him but the customer service number instead.

This whole situation has given me a headache...

[itsamomentintime]

you are doing the right thing - let us know what their response is

[sweetnsexyenglish]

The letters are all posted via recorded delivery, while the responce received today from the email sent to customer services reads:

Thank you for your email received in our office this morning
We are sorry to learn that you have been dissatisfied with the service we have provided and can confirm that we will be conducting a thorough investigation into your concerns. Once we have completed this, we will write to you again.

In the meantime, if you have any queries, please do not hesitate to contact us on 0800 526 069.

Nothing to write home about really, I had been advised to take the contracts to Trading Standards because of the discrepencies and hopefully they will get on the ball with that, have also been advised to find out what their complaints procedure are, as I have never received a copy, have requested that and have been told should they not send anything through that should be passed to trading standards also.

Also came across some information links as follows:

U.K. Retailers / Loan Sharks BrightHouse Have No Stock | The News is NowPublic.com

Forums - Brighthouse.co.uk - PC Advisor

I have received feed back in regards to the quality of the Infinity Machines and my next step would be to get a technical report to back what I have been advised and what I can already see for myself.

[sweetnsexyenglish]

My request for the company complaints procedures was replied to which reads:

We follow the Complaints Procedure as recommended by the Financial Ombudsman Service.

I take it this means I am expected to go look it up for myself as they didn't outline anything? Also after reading some information on Consumer Direct, I requested I have in writing from them information on what the status on my payments for the item in dispute, as the verbal agreement meant I wasn't to pay anything on this contract and until the exchange, but as they have gone back on there word I am wondering if they will try to have me for breach of contract as they could in fact lie as it was a verbal agreement, the only notes was what he claimed he put on file but I never saw any and as they wouldn't provide me with any therefore I have no proof.

And can anyone advise where i can find information relating to goods not fit for purpose so I can find out what I need to do.

[sweetnsexyenglish]

update...

No reply to the email requesting the status of my payments in regards to the laptop, though I know they have read it as I received a read reply. And no letter to say they have received my formal complaint however I contacted the Financial Ombudsman Service, who work speedily and have wrote to me and I think as I have received mine, they should also have received their backing my request for action on this matter.

But Trading Standards just say I have to wait in accordance with the time scale on the letters. But they have no idea what this will cost me if Brighthouse go back on their word as they have already done, Plus there is a conflict of time scale, as the FOS say they have 8 weeks to deal with a complaint, while trading standards only advised me to give them 14 days to respond to my one letter and 7 days to the other, if they are within there rights to take up to 8 weeks plus I already owe 5 weeks at £10.45 a week it will be £135.85 and rising and if they then try to say I have defaulted while making this matter drag out then I could look at owing and loosing out. Trading Standards say Brighthouse couldn't be so in considerate But under the verbal agreement I wasn't supposed to pay till the matter was sorted but now I realise Brighthouse is not to be trusted it leaves me feeling nervous.

[roboraver]

I think there is a bank template letter that you can send to them mentioning that the account is in "dispute" and no action can be taken on the account until it is resolved.

[un1boy]

Hi, sorry, I have not had time to read the whole thread - will do later.

Is the agreement a credit agreement regulated under the CCA?

[un1boy]

If the item is not fit for purpose then they ahve a duty to replcae it or refund you.

I think it's all in the Supply of Goods Act. Try reading the section which is about something being fit for purpose.

It means that wahtever they make/sell you should be made to "cope" with doing what it is designed to do. Your laptop fell apart and was made from 2 differnent parts (from what I can gather) hardly fit for purpose, is it?

Also, it's description has to relate to what it is - if they sold u it in the description of one thing, but the u find out it's made from 2 - i can't see that being legal, can you?

[sweetnsexyenglish]

Its a Hire Purchase agreement, I am vague on what my rights are I have been reading everything online I can find, but am aware as I do not own the item as yet I am not responsible for the item.

So far they have still not replied to the status of my item, and I went in on Thursday to pay on the one remaining item that is not in dispute and was told I owed them £70 plus which my table and chairs are £6.39 and not in arrears...there are supposed to be notes on my account, but whether there are and the assisant just didn't read them is anyones guess though the deputy manager's slightly cold attitude tells me they got my four page complaints letter outlining the serious problems I have had.

If I can get my money back all the better I could buy a laptop and still have change with the money they have got but as yet I am still waiting. the 7 days given the Finance Company ((though I dont see the difference as the finance company and the shop are one and the same))is almost up so I will give them till tuesday before calling TS again and say I have had no reply to the 4 letters I sent out, even though the area manager requested I put it in writing to him, and I've had no acknowledgment either.

I just hope any unsuspecting potential customer reads my posts before thinking of going to brighthouse!!

[sweetnsexyenglish]

I have issued a reminder letter now to Brighthouse, as the original letter was emailed the 21th although my postal letters went out 23rd it is past the 7 day's deadline for Caversham Finance to respond if going by the email date, but can someone tell me what lenght of time they really have due to the conflict of time allowance given by the Financial Ombudsman and Trading Standards?

[Lefty]

This is an easy one...

You have a hire purchase agreement with Brighthouse - and I understand you either removed or did not take the "optional service cover"? If so, very sensible!

Brighthouse should provide you with a fully working product for the duration of your HIRE purchase agreement. Period.

No ifs, no buts, no optional service cover... doesn't matter. Their contract is little more than a re-worked "simple hire" contract - a throw back to when the same parent company was a TV rental company.

Now then, here's the good bit...

My advice is this (and please appreciate, this is ONLY advice, and whether you take it or not is entirely up to you - plus you do this AT YOUR OWN RISK!)... Simply stop paying for the item. This will invoke Brighthouse's usual response of harrassment and calling to your home to re-posses the laptop...

As you have paid more than one third of the agreement total, Brighthouse CANNOT reposses without a court order... (however, experience tells me that they will... because they assume you are stupid and that YOU don't know the Law... And the Law says: If the laptop is repossed after you have paid more than one third - and without a court order - and against your wishes - then YOU are entitled to ALL the money you have paid on the agreement.

The ball is your court.


Cheers
Lefty

[sweetnsexyenglish]

Hi lefty, I haven't been paying for it since it has been disputed and as yet they have not contacted me further either to ask for money or to acknowledge my letters.

So I dont know if this would be an option they will try and I am more concerned about the £661 I have already paid for the substandard laptop.

[un1boy]

Originally Posted by sweetnsexyenglish

Hi lefty, I haven't been paying for it since it has been disputed and as yet they have not contacted me further either to ask for money or to acknowledge my letters.

So I dont know if this would be an option they will try and I am more concerned about the £661 I have already paid for the substandard laptop.

Would this HP agreement be covered under the Consumer Credit Act? If so, send in a sec 77 request and if they can't procude the agreement then they can't enforce it. ie, you don't have to paya nymore.

Plus, you may get back everything you've paid against it.

[sweetnsexyenglish]

I dont know if I am just being dumb but whats is a sec77 request?

[un1boy]

Originally Posted by sweetnsexyenglish

I dont know if I am just being dumb but whats is a sec77 request?

Hehe, thought you'd ask.

If you download a copy of the CCA from the statutes library, you will see that it is a very powerful tool for consumers.

If you send a request under that section and a chque for a pound, they have to send you a copy of the original credit agreement. If they can't then the Debt does not exist and you [may] be able to claim back everythin you've paid under it!