Thread: Brighthouse - need advice plz.

They can not enter your home without a court order, not just your permission! They are NOT bailiffs, just mickey mouse shop staff - the only people that have power to enter your home and remove goods are county court bailiffs. As Brighthouse NEVER take anyone to court, then no bailiffs will ever show up. There are a couple of letters you can send. One to make it clear that they are not to attend your property, and the other to remove the god awful, waste of money, Optional Service Cover. Honestly, you do NOT need this as the Sale of Goods (Implied Terms) Act covers you anyway.

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

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

If these people turn up at your door again, have a copy of the letter to give to them and slam the door. If they persist, tell them (through the letterbox), that you are calling the police as they are trespassing. Then call the non-emergency number and ask the police to attend.

If they are persistently calling you (you haven't mentioned if they are), then there is a telephone harassment letter you can send - let me know.

Continue making the payments as they are accepting them - therefore there is not much they can do

Originally Posted by padre

this is them at their best. In reality the customer has all the power /they in essance have only words and bullying tactics. As stated previously they can't get into your home without your permission (or a court order) and even if they did they can't take your goods without your permission (or a court order) They have a form WHICH MUST GET COMPLETED AND SIGNED BY YOU . Its called a COLLECTION BY CONSENT FORM and MUST be signed by you .tHIS FORM STATES CATAGORICALLY YOUR RIGHTS . If they took your goods without this form being signed then they would have to pay you back every penny you have paid them Only if you have paid more than 2/3rds of the agreement, then you can claim back ALL money paid. . ASTAND UP TO THEM AND I CAN ASSURE YOU YOU WILL HAVE NO TROUBLE IN GETTING THEM TO AGREE TO A SALUTION THAT WOULD BENEFIT YOU. they are completely chancing their arm in the hope that you will back down IF YOU DON'T THEN YOU WILL GET A RESULT Yep, totally agree with this last part PADRE

Many people, including myself (until I found this forum and gained confidence), are unable to talk to the staff because in most cases, the attitude and abuse received is too much to cope with. The reason letters are suggested is so that people can maintain a paper trail on the very slight chance that it is taken further. Sorry if you disagree, but you worked for them, therefore were never sat at home, terrified of someone coming to your front door, and taking the goods with force. You were never too afraid to answer the door or the phone just in case it was Brighthouse threatening everything - even kicking the door down to retrieve the items. Believe me, it was scary for me (and I missed ONE payment in the whole time I was a customer), and will be for others. We are looking at this from two different sides. you as the ex employee, me as the ex customer. If you still believe that talking to them is the better option, then you are entitled to that opinion.

My point about the court order was a simple one - they need this to enter your home - end of. The fact they will not obtain one is beside the point - infact, it helps to put peoples minds at easing KNOWING this fact.

I have no idea whatsoever what your comment about MUTUAL ADMIRATION SOCIETY means - and would like to know exactly what you are inferring.

hear hear, well said.

dx

Originally Posted by padre

There's an old saying. There is more than one way to skin a car. By all means keep sending the letters ,but allow me an observation. In all my years employed by CRAZYGEORGE/BH. i could on my one hand the letters that have arrived at the shops that have had a different effect than what i see all to frequently by someone who knows their rights and is very verbal about them.They have an immediate affect on the shop and i have also seen over the years the thousands of piunds in assets that have dropped off after such a conversation.There are many other points to consider but please rememberthat in common with other forums theseforums are browsed over and perused by many more people than those who eventually participate . You my be suprised to know that letter writing and even copying can be a very daunting task to quite a percentage of people who browse here not to forget the fact that they don't have the equipment to print off any letters. Once again semantics are playing a part here. We both agree that BH DON'T TAKE YOU TO COURT SO WERE DOES A court order COME IN ????? I am finding it very difficult to remain objective about this forum and the sentence MUTUAL ADMIRATION SOCIETY spring to mind. I think it time to take my leave from this forum. PADRE

I SMELL a dirty troll!!!

< Troll Buster to the checkouts please >

Basically the SOGA (Implied Terms) protects you in the following way:

Any product you purchase should last a reasonable length of time (i.e. a fridge freezer should last 6 years). If it fails within this period, then you can go back to the original retailer and ask them to repair or replace.

The SOGA will generally cover you for up to 6 years for most items - but you are not covered for consumable parts (i.e bulbs etc).

My most recent use of the SOGA was with a TV I purchased from Brighthouse in February 2007. It failed in October 2008. As the TV should have lasted much longer than this, Brighthouse were responsible for repairing it. Of course, they argued this at first, but after 4 weeks they did send an engineer out and it was repaired.

-

There is also this (kindly put together by lefty)

Even if you do not have “Optional” Service Cover on your agreement(s), and the goods develop a fault, don’t be fobbed off with any rubbish that repairs have to be paid for and the responsibility lies with you. Regardless of how old your product is, and assuming it's been used correctly and in accordance with the manufacturer’s instructions, then BrightHouse have a LEGAL duty to comply with the SUPPLY OF GOOD (IMPLIED TERMS) ACT 1973 and either refund, replace or repair (dependant upon how old the goods are) as necessary.

Contrary to popular belief, your basic consumer rights DO NOT expire after 12 months! A new product should be of "satisfactory" quality, "fit for the purpose", "free from defects", "safe" and "DURABLE." The act relies on how a "reasonable" person would define "satisfactory" - and (in the case of a freezer, cooker or high end electrical product) a "reasonable" person would expect a new product to last considerably longer than 12 months! High-end electrical products and most domestic appliances should have a useable life expectancy of anything between 4 - 18 years!!!!!

Your rights under the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973 can last for up to six years!

It is worth noting that BrightHouse frequently supply second hand goods. Of course, they prefer to describe them as “quality refurbished”, but the bottom line is they will be used, re-possessed or repaired products – often up to 3 years old. Your rights under the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973 are somewhat more limited when it comes to second hand goods. You should, therefore, refuse to accept any goods from BrightHouse unless they are clearly described as “new” on your agreement.

You are perfectly within your rights to do this.

You can, but its the SOGA that applies. The implied terms applies to HP only - but it practically the same