Thread: Mentalmini /Brighthouse

I have just picked up on this, so I'm sorry for not replying sooner.

I hope the following can help ease your mind:

First of all I notice that you have the policies on your items. Have you also got OSC? If so I would seriously recommend cancelling this asap as it is, in my opinion, a pointless policy. You are more than covered by the Sale of Goods Act (implied terms) 1974. You also DO NOT need OSC to be able to return HP goods either (no matter what Brighthouse might want you to believe). Have you home insurance by the way? If so, the cancel DLC (if your insurer covers HP items that is). Send the following letter to both Head Office and your branch (recorded delivery).

Item Description/Account Number XXXXXXXXXXXXXXXX

Dear Sir

I am writing to give the required 7 days notice, as detailed in my agreement(s) that I wish to cancel all "optional" service cover on the above product(s). To simplify matters, I have today (date) presented a copy of this letter to the store manager of Brighthouse (Branch), which has been duly acknowledged, so 7 days notice shall commence at the date of this letter.

As stated in my agreement:

“Your Obligations: Optional Service Cover
Section C (b) The service cover premium is renewable each time your regular instalment is due under the agreement. If the premium is not paid Service Cover will lapse.

Section H (3) This policy shall continue in force until you give seven days notice…”

I shall, therefore, be making my next payment on (day) at Brighthouse (branch). This payment will not include "optional" service cover.

I understand that I may be required to sign a revised agreement. I will only do this on the firm understanding that all payments made previously on this agreement are reflected in any revised agreement. I do not waive any of my rights under the Consumer Credit Act 1974 regarding, in particular, “early settlement” and “repossession” as set out in section J of the original agreement.

Kind Regards
You

As for the phone calls - they are no doubt threatening to come and remove your items. For the record, Brighthouse CANNOT just take your items if you have paid over a third of the agreement. They also CANNOT forcibly enter your home or take goods without your permission. Before they can take goods they HAVE to obtain a court order. Before they can get a court order, they have to issue you with a default notice. Even if you have only made a few payments, they STILL CANNOT enter your home without your permission.

BH make these threats too often, and I have been on the receiving end of it myself. If they phone again and threaten you, tell them you wish to receive no more correspondence by telephone and want all further communication in writing. Send a letter off to Head Office and your local branch (recorded delivery) stating this, explaining your reasons (ie calls are of a threatening nature, persistent calling etc) and explain your circumstances clearly in the letter. Use this letter to help you as a guide http://www.consumeractiongroup.co.uk...se-letter.html.

Also, tell them when they phone that you are recording the conversation. They may well say it's illegal, but it's NOT (especially if you have genuine reasons i.e. witheld numbers and threatening calls ). They don't know your not......

You may also want to send the following letter. Brighthouse is NOT a priority debt, and as you are on a limited income and have children they can NOT demand you pay more than you can reasonably afford. This is against OFT regulations!

Account(s) number(s) XXXXXXXXX

Dear Sirs

I have recently been experiencing some personal difficulties and, as a result, have fallen behind with my weekly payments to BrightHouse. This is most regrettable, so please accept my apologies

I do not wish to return the goods voluntarily, and as I cannot afford to pay this amount in one instalment, I would like to offer the sum of £(reasonable amount) per week on top of my regular weekly payment of £XX to clear my arrears over the next XX weeks. This payment plan can start immediately.

I have made this proposal (and made an offer of payment) at my local store, but my payment was refused. I was told that BrightHouse will not/cannot accept “part payments”. This “policy” only places my account(s) further into arrears and invokes further penalty charges. I find this both immoral, unfair and in direct contravention to OFT guidelines regarding the collection of debt.

Naturally, I hope you will accept my offer (above) and allow me time to bring my account(s) up to date in both a fair and affordable way. Of course, by accepting my offer, and by me maintaining regular payments (on time) you agree NOT to apply any further “penalty” or “late payment” charges to my account(s).

Please confirm in writing your acceptance or refusal of my offer in order for me to make the necessary payment arrangements, or to prepare for my defence in the county court as appropriate.

Kindest Regards

YOU


cc - BrightHouse local store
your local Trading Standards (this never hurts)

Bear in mind, and to help ease you problems, BH rarely (if ever) obtain court orders.

There is also the possibility of asking them for an account re-set, so the arrears are placed on to the end of your agreement. BH will probably prefer to reset your agreement than take you to court (as they would have to to reclaim their goods).

You should think very carefully before agreeing to this, because you risk losing all the rights you have accrued regarding repossession and early settlement, making it easier for BrightHouse to repossess their goods should you get into difficulty again.

If you do decide to accept an account re-set, use the following letter and make sure the store manager signs it. Attach it to your new agreement

Original agreement number XXXXXXXXXXXXXXXX

New Agreement number XXXXXXXXXXXXXXXX

Date

Updated agreement to reflect Account Re-Set

IMPORTANT Payments made previously on this agreement (XX payments to date representing XX of the total amount payable) are to be reflected, and form part of, any revised agreement.

All rights under the Consumer Credit Act 1974 regarding, in particular, “early settlement” and “repossession” as set out in section J of the original agreement remain intact and continue uninterrupted into any revised agreement.

Signed - YOU
(Print name)

Signed - Store Manager (for and on behalf of Caversham Finance trading as BrightHouse)
(print name)

Brighthouse are renowned for being bullies, but they DO back down as I can testify for. First thing tomorrow, contact Trading Standards and explain everything to them - get them into the loop so you can send all correspondence on to them too.

Sorry this is long winded, but I hope some of this information helps. I know it's difficult, but try not to panic.

p.s. As an afterthought, if BH come to your house and threaten you or try to force their way into your home, do not hesitate to call the police. This is intimidation and harassment and is therefore against the law.

Once Brighthouse figure out that you know your rights, they do tend to back off. They are bullies - I was bullied by them once, but I won!

I totally agree that they have to stop - believe me, there are a few of us on CAG doing all we can to highlight the many issues surrounding Brighthouse and their "customer care".

Make a start with Trading Standards - explain everything to them as you have on here. Give them as much information as possible. The more people who complain about BH the more chance there is of something being done.

Originally Posted by mentalmini

hi there thanks for the advice have i got any rights regarding the money i've lost due the insurance claim because its a lot of money to lose

i could have bought two laptops with the money i lost

oooops - should have read your problem before posting

I will re-post in a few minutes.

Originally Posted by mentalmini

hi there thanks for the advice have i got any rights regarding the money i've lost due the insurance claim because its a lot of money to lose

i could have bought two laptops with the money i lost

Send the harassment letter to them http://www.consumeractiongroup.co.uk...se-letter.html/

I don't understand what Brighthouse are talking about......I know there is an excess to pay (as there is with most policies) but I have absolutely NO idea why they are making you pay for the laptop all over again! I would write them a letter asking them to detail exactly why they have done this to be honest. Have you signed a new agreement? If not, then tell them to get stuffed - the agreement that is in force now, is the agreement that counts. I will ask someone else to take a look at this for you.

I have sent a PM to plumberjohn. He is an ex-BH manager (from a few years ago) and should know more about what they have done! You really need to get this in writing from them - demand to know where your payments have gone as they should have been put towards the new laptop.

Originally Posted by mentalmini

I bought a laptop from BH last june payed £17.99 over 38 weeks (£683.62), the laptop broke so i took it in BH & was told they'd put it through on the insurance and i'd have to pay £100 excess
i was also told that if i missed a payment untill the claim was sorted i'd the claim would be void
so it was three weeks before i could afford the £100 excess i went in to BH payed the excess & picked my new laptop
when i got home i rung BH and asked how much i now owed on the laptop to which i was told £500 & odd i then said i've payed £683.62 on this laptop to which i was told the money i'd payed had been writen off & i'd lost it, so i'd payed £100 for them to rip me of for £683.62

i also have missed two weeks payments before & the phone calls we get from brighthouse in norwich are just plain nasty

my mother is 65 years old & she can no long speak to them on the phone as she is so scared

Ok

Sounds to me like you have been conned by BH good and proper.

This needs really clarifying though, to make sure we get them by the short and curlies!!

Did you have OSC (Optional Service Cover)? It's incidental really, because the Supply of Goods (Implied Terms) Act would be more than sufficient to make sure that your faulty laptop was either repaired, replaced or refunded. The only exception is if the damage was caused accidentally, or through natural wear and tear.

If it was dealt with via this method, then BH would have to pick up the tab, and redress it to the manufacturer themselves AFTER you had been dealt with satisfactorily.

However, they have simply gone down the route of processing a DLC claim. The item has been BER'd (beyond economical repair) and you had to pay a standard £100 excess that they levy on claims for laptops, and another 3 weeks payments while they drag out their decision. This is ludicrous and down right theft IMHO.

The new laptop you have is on a new agreement isn't it? Well they just signed you up for a new laptop from the beginning again. As the other was written off as part of a DLC claim, the money you have paid on it is written off too, as it is considered as a rental!

So, we need to clarify 1) exactly what was wrong with the laptop and how it occured, 2) did you have OSC on the old laptop and 3) did you sign a new agreement for the new laptop.

If they have done the dirty on you, then we have many ways in which we can get justice for you, including exposing them in the media. But lets not get ahead of ourselves, lets get the facts straight first.

PJ

Originally Posted by plumberjon

Ok
This is ludicrous and down right theft IMHO.

This is exactly what I was thinking too......Thanks for picking up on this one PJ - appreciate it.

@mentalmini - Could you start a new thread or I will ask a mod to start one for you, as this could be a huge thing........

EDIT - have asked a site team to move all posts relevant to mentalmini's problem to its own thread.

Originally Posted by mentalmini

shall i wait till the new threads started

You can still reply here - hopefully site admin will move all the relevant posts PJ has asked a few questions so any information you have will be helpful.