Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
hi. can you give me some advice.
i have been with bh for over 4 years now my wife had a stroke in august 2008. i contacted the store and explianed to them the problems i was having and they did not want to know. i was going to hospital everyday and getting someone to watch my 5 children which cost me money and couldent afford to pay bh.
They sent someone out to see me and he said they would do a rewirte of the contracts and take off the osc.
we have an acer computer desktop which is not working and they told me i cant return it and they cant repair it but still have to pay for it. i have ent missed any payments since my wifes stroke, but finding it difficult as we are on benefits and cannot afford to get it repaired myself and we still have 27 weeks left to pay. can you give me some advice on this thanks lionheart/1.
Sorry to hear of your problems. I hope things are getting better for you now.
Your ACER computer was (probably) originally spread over a three year agreement. Exactly how long ago was the account re-write?
The problem you will have is that the computer is almost certainly well over a couple of years old now, and insisting on a repair to an item of that age will be difficult - this would be the case even if it had been purchased from somewhere other than BrightHouse.
You can return your goods to BrightHouse (without penalty and without anything further to pay) if you have paid more than half of the outstanding balance on your (current) agreement. (With this being a re-write towards the end of the original agreement, you may well have passed this point by now.)
Of course, if you simply cannot afford the repayments any more - as your circumstances have changed - BrightHouse will eventually be forced into considering repossession of the computer. If this does happen, they cannot reposses it without your consent. Whether or not you give that consent is completely up to you.
Cheers
Lefty
If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!
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the rewrite was on the 27/09/08. i got the computer on the 07/07/07 and they told me i have another 27 weeks to pay. so even if the computer is not working can i still return it to them and have no more money to pay on it.
thanks lionheart/1
the rewrite was on the 27/09/08. i got the computer on the 07/07/07 and they told me i have another 27 weeks to pay. so even if the computer is not working can i still return it to them and have no more money to pay on it.
thanks lionheart/1
Looks to me like your original 3 year agreement was re-written into a new 52 week (1 year) agreement. This would have taken your outstanding balance and any arrears, and turned them into a new (probably lower) weekly payment.
It certainly seems to me that you are (or very near) the half way mark (50%) point in your current agreement.
If this is the case, then YES - you can simply return the goods to BrightHouse and have no further obligation.
This will be explained on the front of your current agreement.
Hope this helps.
Cheers
Lefty
If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!
Please help to support this site with a small donation... every little helps...
thanks for the help lefty, on the front of my agreement it states i must pay at least £159.32 and i have paid £157.57 so this weeks payment will make it £167.74. THEY DO KNOW THE COMPUTER IS NOT WORKING WILL THIS CAUSE ME ANY PROBLEMS.
thanks for the help lefty, on the front of my agreement it states i must pay at least £159.32 and i have paid £157.57 so this weeks payment will make it £167.74. THEY DO KNOW THE COMPUTER IS NOT WORKING WILL THIS CAUSE ME ANY PROBLEMS.
It's THEIR computer. Not yours. You have only been hiring it with an option to purchase. You have now chosen not to excerise your option to purchase, and will be returning THEIR computer - as is your rights under the agreement you signed.
Provided, of course, you haven't deliberately broken it, mis-used it or caused it to be damaged due to neglect, then you have nothing to worry about.
As I have already said - it is THEIR computer, not yours!
Cheers
Lefty
If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!
Please help to support this site with a small donation... every little helps...
hi lefty i took the computer down to the store and told them i was handing it back as i wont work and was told that you would not repair it. and they told me it was my resposibillity to get the computer repaired because i cancelled the osc and i could not hand it back. even if i left the computer i would still have to pay the full amount. but they refused point blank to take it what should i do now. thanks lionheart/1
Lefty is probably the best one to answer this, but I will try.
Your agreement clearly states how much you have to pay before you can take it back without penalty. They know they HAVE to take the computer back. I suggest you go back to the store, with the computer and just leave. Take a copy of your agreement which you can show to them. I doubt very much Brighthouse will chase you for the remaining money, as Brighthouse rarely, if ever, go to court. The remaining balance left will be pure profit for them, which is why they are so reluctant to take the goods back. I would also suggest, because they know it needs repairing, they know that they will not be able to refurbish and sell it on again. HOWEVER, this does not take away your statutory and legal right to return the goods.
As an aside, even if they did take you to court, it would be in your favour, as HP products can be returned after half the payments have been made BY LAW.
Oh, and the tosh about OSC - that does not and cannot take away your statutory rights either. BH will tell you different though......
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
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As Clemma states above, the best course of action here is to just take it back and pass the problem onto them!
Forgetting the fact that there is a problem with the computer, they have to send it back to CSC for a refurb before then can sell it on, as it needs to be cleaned down (hard drive scrubbed, data protection and all that).
They will not pursue you for any more money, trust me. We had many people turn up with PC's that were a problem, they just left the junk at the counter.
But a word of advice. Take a letter with you when you drop it off, with your name and address, date and agreement number, and get ANY member of staff to sign it to prove you have taken it in. This is a receipt for the item.
Whatever happens, don't lose this receipt
PlumberJon
UNUS VIR OBVIAM ORBIS TERRARUM
Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!
i am an ex account manager with these clowns and my advice would be to not make any more payments and let them reposess it. the arrears would be so small(don't forget they can only claim what the goods or worth, not the value of the credit, and these depriciate over time) that court action would not be viable and most of the store managers do not know how to fill out the paperwork anyway. don't be frightned of any letters they send you in the meantime and don't get any future purchases from them. i hope this helps.
A laptop should last a lot longer than a year and a half. Under the sale of goods act an item has to be of merchantable quality and fit for it's intended purpose. So there's no reason why they shouldn't replace it if it cannot be repaired. If it breaks a year and a half later, then it's not of merchantable quality and as it's not working it's not fit for it's intended purpose either. Might be worth getting Trading Standards involved. When it comes to shops selling goods and then not repairing them, or replacing them, when they should, TS are quite good.
I have an Acer Travelmate 2200 that will be 5 years old in 3 months time. Still working perfectly apart from a few sticky keys because I spilt half a glass of red wine over it last year. Only thing that's been changed on it was adding some more memory. It was also used for controlling DMX lights and a laser show 2 nights a week travelling around doing gigs in pubs and clubs. So, yes an Acer Laptop should last a lot, lot longer than a year and a half.
---------------------------------------------- Fuzzybobble - 40 DCA's - 0 ---------------------------------------------- These are video links to show how I deal with DCA's
Lionheart/1 Simple Solution .take The Computer Back .if They Don't Take It Of You Because You Have No Osc Then Tell Them You Won't Pay For It .two Weeks Later They Will Be At Your Door Wanting To Pick It Up Easy As That .trust Me . Padre.
Help with BrightHouse please
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Originally Posted by lionheart/1
I am not an expert, but I can give good advice about Brighthouse
Only thing that's been changed on it was adding some more memory. It was also used for controlling DMX lights and a laser show 2 nights a week travelling around doing gigs in pubs and clubs. So, yes an Acer Laptop should last a lot, lot longer than a year and a half.