Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

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.

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Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default payment charges by brighthouse...

    hi there and ty for reading in advance ...

    i have been with brighthouse about 4-5 months and never missed a payment infact 95% of the time i have payed b4 my payment date was due and the other 5% on the day ... anyways ...
    i got a couple of computers off them and recently a new tv and the amount i was paying was 50 pounds a week which didnt matter so much but this past week 15/3/09 to be precise i rang them and told them i couldnt make a payment today as i had a couple of problems and was wondering if i could pay it next week with any arrears owing , they seemed reluctant but said ok , anyway tuesday rolled by and a van came to my house and posted a debt note through my door telling them i now owe them 162 pounds ( after 3 days are they serious ) my partner rang them up (accounts in her name) and she was told that she broke the rules of the contract by not paying on time , HOW CAN THEY GET AWAY WITH CHARGING 162 QUID AFTER 3 DAYS LOL
    i mean 50 pounds a week was ok for us to pay BUT theres no way i can pay 162 quid and every day the cost is rising , the once so friendly guy in the shop had now decided to give my partner a attitude problem on the phone by telling her pay it all up by friday ( which will them mean that shes gonna owe 200 pounds + ) or they coming to pick the stuff up .
    im not gonna let them in the door and im gonna tell them to get a court order to get this stuff back but can they do anything in the mean time ,
    apart from rant and moan over the phone , fair enough i got a tv off them recently but to have a complete attitude change and them throw on a load of over rated charges on top making it to 162 quid after 3 days ....
    are they allowed to do that ??
    and if i was to hand the stuff back would i get any payments back cos i have paid a fair bit at the moment ,
    but where do i stand ??
    and ty for any help in advance
    badboy09


  2. #2
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    Default Re: payment charges by brighthouse...

    Hi BB

    Just wait for Clemma, PB or lefty.

    They are the experts. Just don't signicon anything or let them in.

    Jogs

    Blackhorse Finance : Isssued court papers for £3400 and return of car, settled for £1000

    Lloyds TSB : SAR request taken all the way to Court, Damages awarded.

    Lloyds TSB PPI : FOS found in my favour, awaiting settlement figure.

    Capital ONE : Issued Court papers, refund of £635.38

    Barclaycard
    : Refund of charges £456.16

    VIRGIN MEDIA : Request of charges, LBA sent

    LLoyds TSB : Refund of charges sent

    Littlewoods/NDR/Moorcroft : You have no idea

  3. #3
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    Default Re: payment charges by brighthouse...

    Hi

    And where are they getting £162 from? How many agreements do you have?

    If your regular weekly payment is approx. £50, then going late this week, means that they will ask for 2 weeks plus late fees.

    For example, 1 weeks arrears, another week to get you back on time, then £3 late fee per agreement. So if you have 3 agreements, they will ask you for £109.00.

    If they are asking for £162.00, then at £50 a week I would say you are over 2 weeks late and have 4 agreements?

    You only get late fees applied once during a late period. It only recurrs if you bring up to date and then immediately go late again, by not paying the extra week to get in front again. But each week you are late will increase the arrears by the same amount.

    The attitude change does not surprise me, as you have now migrated from the sales customer status to debt. And the reason you had a van at your door, is because when you telephoned, you got through to a sales person, not an account rep or manager. So they didn't go into your customer file on the system and flag a commitment to pay, meaning they wasted some diesel, running your house. Tough on them if you ask me, but I wouldn't stress about it.

    You are right that they have no right to enter your home at any time and reposess these items. But before we go down this lengthy route, I would say that your situation is a long way off needing this sort of advice and is easily recoverable.

    It sounds like a typical, "storm in a teacup" brought on by BH's reluctance to use common sense. At this stage, keep the channels of communication open, and if you tell them you can pay on a certian date, then make sure you do and make it easy on yourself.

    Hope this helps and keep us informed.

    PJ

    NOT PB THANK YOU STELLA

    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!!!

  4. #4
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    Default Re: payment charges by brighthouse...

    Quote Originally Posted by badboy09 View Post
    hi there and ty for reading in advance ...

    i have been with brighthouse about 4-5 months and never missed a payment infact 95% of the time i have payed b4 my payment date was due and the other 5% on the day ... anyways ...
    i got a couple of computers off them and recently a new tv and the amount i was paying was 50 pounds a week

    And this is of concern to me as well.

    Without wishing to put you down at all, in my day, it would have been an awful lot longer than 4-5 months, before we let a new customer grow to over £50 a week.

    This amount was also ideally set at the highest a branch should be looking at loading a customer with. After all, £50 a week is £216 a month, or £2600 a year!!!

    Not that it ever happened, so long as the store met its sales targets, and kept control of the debt, this "ideal" was overlooked.

    And, as it is easier to load existing customers than attract new ones, I suspect this is now common place.

    A phrase about eggs and baskets comes to mind!!

    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: payment charges by brighthouse...

    Quote Originally Posted by plumberjon View Post

    NOT PB THANK YOU STELLA
    I am so sorry

    It was late and I was drunk


    Jogs

    Blackhorse Finance : Isssued court papers for £3400 and return of car, settled for £1000

    Lloyds TSB : SAR request taken all the way to Court, Damages awarded.

    Lloyds TSB PPI : FOS found in my favour, awaiting settlement figure.

    Capital ONE : Issued Court papers, refund of £635.38

    Barclaycard
    : Refund of charges £456.16

    VIRGIN MEDIA : Request of charges, LBA sent

    LLoyds TSB : Refund of charges sent

    Littlewoods/NDR/Moorcroft : You have no idea

  6. #6
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    Default Re: payment charges by brighthouse...

    Like PJ - I don't understand where this amount has come from It should just be 2 weeks payments plus their ridiculus £3.00 per agreement charge......

    Brighthouse are bullies, and unfortunately you have received a nasty taste of it! They are not allowed to enter your home to repossessicon goods as only court bailiffsicon can do this. There is a letter you can send to stop them coming round - I am not at my computer at the moment, so I'll post it up as soon as I can.

    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!

  7. #7
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    Default Re: payment charges by brighthouse...

    ty for your responses i have 5 agreements with them and its totalling 50 quid a week but im not 2 weeks behind the amount of 162 quid was only after 3 days its been nowhere nr 2 weeks like i said this is only after 3 days and because even though its only been a few months they were happy to give me more credit if i needed it , i have friends who live up in nottingham and they were telling me that they missed a payment and they didnt get a issue from staff at brighthouse up there regarding them being late, and they didnt charge them anywhere nr what im being charged ...so just wondering if its only in different parts of uk they seem to have these arrogant staff problems lol


  8. #8
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    Default Re: payment charges by brighthouse...

    I had the same problems with the staff at my store

    I know you are only a few days late, but BH will not allow you to pay just one week - they want another weeks payment on top. My calculation is that you owe £115 (including charges) - just pay it on Friday as you normally would.

    The letter to stop them turning up is

    Dear Sir/Madam

    Account Ref xxxx

    Please be advised that I will only communicate with you in writing.

    Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

    There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

    Yours faithfully
    Send to your local branch and Head office (send recorded delivery if possible)

    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: payment charges by brighthouse...

    ty for all ur help but by the time friday comes round today that is they are telling me that i owe roughly 200 quid , so im gonna tell them where to shove it and let them get a county courticon letter to get stuff back cos im not paying over 200 quid just for being late by 1 week lol


  10. #10
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    Default Re: payment charges by brighthouse...

    You should only have to pay 2 weeks money - don't believe anything they tell you over the phone!!

    They won't take you to court either......it's not the Brighthouse style.

    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!

  11. #11
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    Default Re: payment charges by brighthouse...

    indeed if they dont take me to court then i expect them to turn up at my door and stand there with dummy in mouth and throw a tantrum or even go get there parents to come ask for the stuff back hahaha
    ty all for your answers they have been most helpfull ..


  12. #12
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    Default Re: payment charges by brighthouse...

    Quote Originally Posted by badboy09 View Post
    indeed if they dont take me to court then i expect them to turn up at my door and stand there with dummy in mouth and throw a tantrum or even go get there parents to come ask for the stuff back hahaha
    ty all for your answers they have been most helpfull ..
    lol - thats the spirit. They is nothing they can do if they turn up at your house. Just keep a copy of that letter I posted above and hand it to them. If they won't go, phone the police (in front of them) and report intruders on your property.

    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!

  13. #13
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    Default Re: payment charges by brighthouse...

    quick update for you all ,, i handed the stuff back to brighthouse and told them to shove it now i have there finance company caversham knocking on my door telling me i know owe them 3 grand , for what i wonder lol ?????


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    Default Re: payment charges by brighthouse...

    Quote Originally Posted by badboy09 View Post
    hi there and ty for reading in advance ...

    i have been with brighthouse about 4-5 months and never missed a payment infact 95% of the time i have payed b4 my payment date was due and the other 5% on the day ... anyways ...
    i got a couple of computers off them and recently a new tv and the amount i was paying was 50 pounds a week which didnt matter so much but this past week 15/3/09 to be precise i rang them and told them i couldnt make a payment today as i had a couple of problems and was wondering if i could pay it next week with any arrears owing , they seemed reluctant but said ok , anyway tuesday rolled by and a van came to my house and posted a debt note through my door telling them i now owe them 162 pounds ( after 3 days are they serious ) my partner rang them up (accounts in her name) and she was told that she broke the rules of the contract by not paying on time , HOW CAN THEY GET AWAY WITH CHARGING 162 QUID AFTER 3 DAYS LOL
    i mean 50 pounds a week was ok for us to pay BUT theres no way i can pay 162 quid and every day the cost is rising , the once so friendly guy in the shop had now decided to give my partner a attitude problem on the phone by telling her pay it all up by friday ( which will them mean that shes gonna owe 200 pounds + ) or they coming to pick the stuff up .
    im not gonna let them in the door and im gonna tell them to get a court order to get this stuff back but can they do anything in the mean time ,
    apart from rant and moan over the phone , fair enough i got a tv off them recently but to have a complete attitude change and them throw on a load of over rated charges on top making it to 162 quid after 3 days ....
    are they allowed to do that ??
    and if i was to hand the stuff back would i get any payments back cos i have paid a fair bit at the moment ,
    but where do i stand ??
    and ty for any help in advance
    badboy09
    Hi
    I used to be a manger at Brighthouse and if you are only 1 week behind you will only owe 2 weeks payment and £2.70 late fee per agreement and this late fee is only applied once no matter how many weeks you are in arrears but they will be re applied if you pay upto date then fall behind. My advice to you is ask for a re-write as you can only afford 1 weeks payments if they refuse still only pay the £50 every week as you would. If they refuse the re-write email the head office from the website stating your complaint but ask for this to be dealt with by a Regional manager as the store have not helped this will get you your re-write which is your arrears written off. If they call at your house dont let them in they have no rights to enter and don't signicon anything (other than your re-write). But beware they will up the pressure as tomorrow is end of week and they have targets to meet. Any questions just ask.


  15. #15
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    Default Re: payment charges by brighthouse...

    Just to clarify - the charges are now £3.00 per agreement.

    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!

  16. #16
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    Default Re: payment charges by brighthouse...

    ty for ur helps but i handed the stuff back and told them to shove it , a while ago lol just wondering why caversham are knocing on my door telling me i owe them 3 grand lol


  17. #17
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    Default Re: payment charges by brighthouse...

    Hi

    I was due to pay my brighthouse account on saturday but unfortunately i was unable to go to the shop or call in.

    so i will make payment today(monday) over the phone but i have heard from someone that they will also ask for the payment i will make on this saturday but i dont understand how they can do that.

    i have checked the agreement and all it says about the late payment is i have to pay the late payment fee per agreement which is £2.70 but i have heard that has risen to £3.00.

    Is this legal to demand next weeks payment too even thought its not written in the agreement and what if i dont have it to give over tomorrow.

    Thanks
    G


  18. #18
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    Default Re: payment charges by brighthouse...

    This is just one of those things that Brighthouse do - I have no idea why either. If you only have one weeks money then that's all you can pay. They will refuse and demand 2 weeks, so just tell them to put the payment into your yellow money. At least then you can show you paid, and they refused I've done this, and they don't like it BUT you can put money into the yellow money at anytime. Then, next Saturday, make your payment as normal and tell them to use the money from the yellow to pay the rest. If they call you in the meantime, tell them the money is sat there, but they obviously don't want it!!

    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!

  19. #19
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    Default Re: payment charges by brighthouse...

    Quote Originally Posted by the grass is greener View Post
    Hi

    I was due to pay my brighthouse account on saturday but unfortunately i was unable to go to the shop or call in.

    so i will make payment today(monday) over the phone but i have heard from someone that they will also ask for the payment i will make on this saturday but i dont understand how they can do that.

    i have checked the agreement and all it says about the late payment is i have to pay the late payment fee per agreement which is £2.70 but i have heard that has risen to £3.00.

    Is this legal to demand next weeks payment too even thought its not written in the agreement and what if i dont have it to give over tomorrow.

    Thanks
    G
    Hi G

    Here's how I look at it...

    If you know you cannot make your regular weekly payment on the day it is due, simply phone the store yourself and tell them... Don't offer (or agree to) come in on Monday, Tues (or whatever) - just make a double payment next week!

    If BrightHouse absolutely insist on punishing their customers to the tune of £3.00 PER AGREEMENT for late payments (baring in mind that BrightHouse are a COMMUNITY retailer, and like to "give something back" to the communities they operate in) then so be it!

    So, as you are being charged £3.00 per agreement for going late, at least get something in return for that money and make the buggers wait a FULL WEEK for your next payment!


    Cheers
    Lefty

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  20. #20
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    Default Re: payment charges by brighthouse...

    Quote Originally Posted by Lefty View Post
    So, as you are being charged £3.00 per agreement for going late, at least get something in return for that money and make the buggers wait a FULL WEEK for your next payment!



    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!


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