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Thread: Help

  1. #1
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    Default Help

    Hi guys.....ive been with bh for a number of years and was paying £120 every week....but then all of my family lost our jobs at the same time...so i went to bh for help....they took of the service cover which put the payments down to £92 every week.....ive been waiting weeks for our benefits to get fixed out so ive had to borrow money from friends and family to pay them each week until our benefits were fixed out....but now ive just found out that we get less from benefits than what we have to pay bh...and now ive missed a couple of payments...can you guys please help me b4 it starts to get out of hand......thanx


  2. #2
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    Default Re: Help

    Hi, and welcome to the forums.

    All to often though it's a welcome under these circumstances, and I am sorry you are experiencing these problems.

    You are now all out of work and your benefits are less than you were expecting. Benefits are there to help with the emergency items, such as food and shelter and warmth. Rightly so they do not provide for you to pay for HP items.

    Now BH have already removed the OSC, is that the case on ALL your agreements? Are you still also paying for DLC? You can only remove this is you have your own house contents insuranceicon.

    If this £92.00 a week is without any OSC, then I would still suggest that you have an awful lot of stuff. I know I would struggle with affording nearly £400 a month on HP items.

    So, before you think I am sounding judgemental, you need to ideally look at all your agreements in a new light, that is the light of necessity.

    Make a list, starting with the most essential items first, that you simply cannot do without (washing machine, cooker, fridge) Then whittle it down, so the last things on the list are "luxury" items (2 Xbox's, 50" plasma TV for example).

    Now, starting at the bottom of the list, work out which items you have paid the least on so far. This is where you have to now be brutal, and start returning these items. You can't afford them, and hopefully you haven't paid a lot for them yet, but the very essence of a HP agreement is that you are paying to use them until the agreement ends and you either buy them or give them back.

    I know you no longer have OSC, and they might turn round and say that you have no right to return them using "pick-up-and-hold", but that "benefit" isn't worth the paper its printed on even when you are paying for it. If they kick up a fuss and the item is portable, just take it into the branch and return it instead of paying for it (get a receipt).

    As a "responsible community focused" lender, they simply cannot refuse you returning this item, as you are taking direct steps to fix your debt! And I know these forums, a lot of debt action charities, and a good few journalists, would bery very keen to hear if it was otherwise!

    I know that after reading this, you are first of all going to say "no way", I am not returning my items. But think for a second. Is all the hassle you are likely to receive, if you don't do this, really worth it? You and your family's world has been shattererd by being out of work. You can't afford these items now. And they are not technically your items either.

    BH will send you threatening letters, they will phone you every day, they will knock on your door. In other words they will add stress to what is already a stressful situation. BUT, if you show them right away, that YOU are in control of your finances and NOT THEM, it will make things a whole lot less stressful.

    I know you have a lot of tough decisions ahead of you, but make it easy on yourself. I wish you all the best.

    PJ

    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!

    http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf


    I just give advice, I can't do it for you though!!

    If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

  3. #3
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    Default Re: Help

    thanx plunberjon....what happens about the money that i havent paid yet...and is there any way i can freeze the late payment charges and pay back the money for the goods at a reduced payment


  4. #4
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    Default Re: Help

    If you are returning items that you are currently in arrears for, and you owe past payments, then simply returning the item should suffice.

    It would be like rubbing salt into your wounds, for them to ask for the arrears after you have given the item back. They won't ask, but if they do, tell them to ask the Chairman of RBSicon!!

    Late fees are another way of making profit! If you have been affected a lot by late fees, we will see if we can fight to get these charges refunded to you, much like bank charges. But we'll do that later when the dust has settled. The branch is heavily targetted and late fees being dicounted is always a hot potato, but there is nothing to say you shouldn't ask. Beware of personal favours, STAY in control of your OWN finances. Make sure this is on YOUR terms.

    Reducing your weekly payments is a difficult one, as OSC is already off, and you have taken steps to reduce your weekly expenditure, I hope, by returning some items.

    Have a look at how long you have got left on some of your older agreements. It might be worthwhile finding out an EPO (early pay off). Sometimes, towards the very end, this can be surprisingly low, and this will be one less weekly expense and you will own the item!

    Be very careful if anyone suggest re-writing the items to a lower weekly payment, as the only way they can do this is to increase the term. This will tie you in to them for even further than you need. I doubt they will do this for you, I only ever knew of a few circumstances like this, and never did any myself.

    Take a look at this thread: http://www.consumeractiongroup.co.uk...umer-fact.html

    It gives you an insight into the T&C's, and there are letters there too that help in the event of needing a re-write, that will protect the rights you have so far built up in the current agreements.

    Hope this helps some more, but if there is anything else you need to know, just ask.

    PJ

    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!

    http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf


    I just give advice, I can't do it for you though!!

    If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

  5. #5
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    Default Re: Help

    Oh, and don't stand for any messing if they say you have to bring your account up to date before they give you an EPO figure.

    This is just them asking for yet more profit, as the EPO figure will reduce fractionally compared to the arrears you pay off.

    Another thing, is go in as a family, not as an individual. Safety in numbers. It turns the intimidation back on them and pressures them into doing the right thing. And wait until the store is a little busy. No-one wants a scene in front of new potential customers!

    Just little pointers to hep you.

    PJ

    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!

    http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf


    I just give advice, I can't do it for you though!!

    If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

  6. #6
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    Default Re: Help

    again thanx.....would going to the citizens advice make any advantage to me and see if they can get the fees frozen and payments reduced?


  7. #7
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    Default Re: Help

    To be honest, it may be worth a try, but BH tend to be a law unto themselves.

    However, CAB are a valuable resource, as it does help to "offload" this onto a real person, face-to-face. You know, a problem shared, etc etc.

    I personally do not have any experience with CAB, but they do provide a good service. Whether or not they would be able to make BH jump, I doubt it, but worth asking.

    PJ

    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!

    http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf


    I just give advice, I can't do it for you though!!

    If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

  8. #8
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    Default Re: Help

    I agree with plumberjon with this one. The advice is spot on and I would seriously think about returning any items that you do not NEED. As long as you have paid back at least 1/2 of the agreement, they can not refuse to accept them.

    CAB maybe able to help, as they often ask creditors to accept token payments (of say a pound a week) until your finances are in better shape, but I am doubtful Brighthouse will agree to this.

    Unfortunately, this is one of those situations where you have to sit down and evaluate exactly what you do and do not need. Not the news you wanted to hear, but the best advice.

    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.

    <------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

  9. #9
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    Default Re: Help

    Hi.

    Yes - all good advice. (PJ absolutely on the button, as usual)

    It's possible you may not like the advice you have received - but this seems the most practical way forward to me. Remember - you do not own these goods. You are only HIRING them.


    Cheers
    Lefty




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  10. #10
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    Default Re: Help

    thank you guys for all your help.....i will keep all updated on wat happens


  11. #11
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    Default Re: Help

    i forgot to ask...i know scottish law is not the same as english law in some cases....will that come into this?


  12. #12
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    Default Re: Help

    As far as I am aware, any subtle variances that Scottish law would have on your circumstances, will not affect anything we have mentioned above.

    But as I am not a legal expert, nor am I Scottish, nor do I have any experience with dealing with Scottish law, if you are uncertain, then you should seek further advice.

    I am sure that anyone else who may be viewing this thread that does know the answer, will be along shortly to reply.

    PJ

    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!

    http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf


    I just give advice, I can't do it for you though!!

    If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

  13. #13
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    Default Re: Help

    thanx mate


  14. #14
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    Default Re: Help

    Quote Originally Posted by godsof67 View Post
    i forgot to ask...i know scottish law is not the same as english law in some cases....will that come into this?
    The only difference regarding a Hire Purchase agreement under Scottish Law that I am aware of is the requirement of a court order to repossessicon goods at any time. Whereas English Law states a court order is required if more than one third of the agreement has been paid.

    Rory32 is more clued up than anyone I know regarding Scottish Law. He may be able to offer some advice.


    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...

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  15. #15
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    Default Re: Help

    As far as I am aware, any subtle variances that Scottish law would have on your circumstances, will not affect anything we have mentioned above.
    It actually effects it quite a lot. The variances are far from subtle (as is often the case between Scots and English law).

    At Scots common law it is arguable that any repossession under hire purchase is unlawful without the order of the court (see the Law of Hire Purchase in Scotland).

    Had you paid more than a third of the agreement?


  16. #16
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    Default Re: Help

    There you go! Told you the Scottish law experts would turn up shortly!

    But with regard to all you questions in the post so far, I don't believe these differences affect you, unless you allow your accounts to run out of control to the point where BH actually repossessicon your items.

    But if you are in control because you have taken steps yourself, as above, then this shouldn't need to happen.

    Oh and of course, Scottish law only applies in Scotland

    PJ

    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!

    http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf


    I just give advice, I can't do it for you though!!

    If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

  17. #17
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    Default Re: Help

    Quote Originally Posted by plumberjon View Post

    Oh and of course, Scottish law only applies in Scotland

    PJ


    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.

    <------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

  18. #18
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    Default Re: Help

    lol....thanx guys.....maybe you guys can also help me to claim back bank charges....i have had charges galore over the past few years and dont know how to go about getting them back....thanx guys


  19. #19
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    Default Re: Help

    Regarding bank charges, have a read through the FAQ's here

    You can only claim back 5 years in Scotland rather than 6 yearsicon in England/Wales.

    Also if you start a thread in either one of the bank forums or in the Scotland forum you'll receive plenty of help and advice on reclaiming your charges.



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