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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Thread: Advice

  1. #1
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    Default Advice

    Hi,

    Another member pointed me in this direction so thought i'd ask here.

    Basically i just want advice regarding my BH account.

    I have three items, one i have been paying for 2 years and have a year left, one i have been paying for nearly a year with a year left, and one which i got just before christmas, with about 2 and a half years left.

    It's got to the point where my debts are taking over and i can't afford the £34 a week payments to them, my next payment is due this saturday and i have no idea what to do about it.

    As i am considering BR due to the amount of other debts i have, i am told that BR won't wipe the debt i would have with brighthouse because it's secured debt.

    I have been paying them religiously for the past two years, missing only two payments one of which that wasnt my fault.

    What should i do? I don't particulary want to give up the items as i have paid a god awful amount on them to date and i won't have anything to sleep on etc.

    Should i stop paying them? offer them a small amount of money? Will they enter my house and remove the goods as they're secured debt? Will they get a court order?

    I am so confused right now as what to do, and time is running out.

    Help!


  2. #2
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    Default Re: Advice

    Hi a quick question do you pay OSC (optional service charges)

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  3. #3
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    Default Re: Advice

    I do yes and up until now i've not realised you can cancel it. But as i'm due to pay this saturday i don't think i have time to get it cancelled as you apparently can't do it when you're in arrears?


  4. #4
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    Default Re: Advice

    IMHO you can cancell OSC at anytime, I'm sure Brighthouse staff will try to tell you differently,

    Follow this link to a letter of cancellation of OSC devised by clemma, http://www.consumeractiongroup.co.uk...ml#post2148100

    Regards

    Andy

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  5. #5
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    Default Re: Advice

    Yes - send the cancellation letter ASAP. You cannot be in arrears with OSC as it is a weekly payment policy. If you miss one week, you aren't covered (although BH are sneaky and still charge you for it). If you send it today, then next week, refuse to pay the money for OSC.

    As for Brighthouse coming and taking your items - the one you have had the longest will be safe, as they will need a court order to take it (this WON'T happen by the way). The other two, as you have paid less than 2/3rds of the agreement, don't require a court order BUT they would need one to enter your property without your permission As long as you refuse them entry, then they can't take them. However, they are not allowed to just turn up at your door - remember they are NOT bailiffsicon, regardless of what they may tell you. The people who will come to the house are shop staff only. You can send a letter to Head Office and the branch to make it clear they are not to attend your property (send recorded delivery):

    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
    I doubt very much that Brighthouse will accept reduced payments. They refuse to help people who are in financial difficulties - instead they prefer to pile on more pressure by demanding unfair repayments. You could always ask though.

    Removing the OSC will save you money - and it may be worth you considering handing back the item you recently got (if it is not necessary) to help reduce the payments further still. Also, if you have house insurance, then it may be possible to take off the DLC policy (I am presuming they made you take this as well). If you do have House Insurance, contact them and ask them to send you a letter saying that HP items are covered by the policy. Most insurers DO cover HP so you should be ok.

    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!

  6. #6
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    Default Re: Advice

    Thanks, will get that printed off and sent asap.

    So from what i can gather the one we've had longest isn't a real priority to them so they wouldn't bother going out their way for that, but the more recent ones we have, they would turn up to try and get them back. Would they be likely to get a court order to gain access? What sort of position would we be in if we refused to return them? Reason i say this is because over the last few years we have paid them THOUSANDS of pounds, so just handing things back just seems like it's money down the drain. But obviously if it's going to put myself in a seriously bad position then i will have no choice but to return them?

    Thanks for your reply

    edited as forgot to mention we don't have home insuranceicon at the moment.


  7. #7
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    Default Re: Advice

    Went in saturday and told the guy that I couldn’t do the full payment because work had cut my hours and I had hardly any cash, he said he would get “accounts” to come speak to me. This guy was more like a manager

    I told him the problem and he asked how long I thought it would be until we were back to normal. I said I didn’t know and for now we were in touch with a debt agency. He said BH wouldn’t speak to them and they would only speak to us. I said that’s fine which is why I'm stood in front of him.

    He then said there is another option we can consider, we can give one of the items back and put it on hold, it would remain on hold for 90 days. On hold we wouldn’t have to pay anything for it and we could have it back and it wouldn’t affect what we had already paid on it. Sounds like a trick to me...

    I said I wanted to make a half payment to the account and spread it over the 3 items. He said they couldn’t do that and he would pay one of the items off. He also said it would mean I have a bit of change to go into the “yellow” pot but I would get a late charge on the others as there is no way he can take part payments.

    He then asked how much I would be paying next week and I said I didn’t know at this stage and it would more than likely be the same. He said it can’t go on like this and they would consider taking the items back and “you don’t want that as its your bed” I said he couldn’t step foot on my premises without a court order. He said he could, I said no, handed the letter and told him a copy was on its way to Head office. he said no they can come and collect them when they like, I said no, you can’t, you will be breaking the law if you step foot on my premises without a court order. He said “whatever”

    Paid and left....

    He says he won't accept half payment this week, so my partner will be coming in with me this time.


  8. #8
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    Default Re: Advice

    Quote Originally Posted by B.. View Post
    Went in saturday and told the guy that I couldn’t do the full payment because work had cut my hours and I had hardly any cash, he said he would get “accounts” to come speak to me. This guy was more like a manager

    I told him the problem and he asked how long I thought it would be until we were back to normal. I said I didn’t know and for now we were in touch with a debt agency. He said BH wouldn’t speak to them and they would only speak to us. I said that’s fine which is why I'm stood in front of him.

    He then said there is another option we can consider, we can give one of the items back and put it on hold, it would remain on hold for 90 days. On hold we wouldn’t have to pay anything for it and we could have it back and it wouldn’t affect what we had already paid on it. Sounds like a trick to me... You are correct to be concerned they will then have your goods, would you get them back.

    I said I wanted to make a half payment to the account and spread it over the 3 items. He said they couldn’t do that and he would pay one of the items off. He also said it would mean I have a bit of change to go into the “yellow” pot but I would get a late charge on the others as there is no way he can take part payments.

    He then asked how much I would be paying next week and I said I didn’t know at this stage and it would more than likely be the same. He said it can’t go on like this and they would consider taking the items back and “you don’t want that as its your bed” I said he couldn’t step foot on my premises without a court order. He said he could, I said no, handed the letter and told him a copy was on its way to Head office. he said no they can come and collect them when they like, I said no, you can’t, you will be breaking the law if you step foot on my premises without a court order. He said “whatever”


    Paid and left....

    He says he won't accept half payment this week, so my partner will be coming in with me this time.
    They do try it on dont they!

    Regards

    Andy

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  9. #9
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    Default Re: Advice

    Firstly - well done for standing up to them!! The fact he said "whatever" says it all really. I think he realised you knew your rights, so it was pointless trying to bully/intimidate you

    In answer to your question - the item you've had the longest will be of very little interesticon to them as they have made their money, and more besides on it all ready. However, even if they want the other 2 items - they can't just come and collect, no matter what they think.

    The chances of them taking you to court are very very slim - it's unheard of, so I would not worry about that.

    As for handing back your items for up to 90 days - this is what the optional service cover is for (which if you have it, I would cancel it asap to save money). I have not had any experience with using this, but I have read elsewhere that the chances of getting the exact item back is slim to none.....

    I would just go in, make whatever payment you can (after all, they accepted it last week) and leave. DON"T put any money into the yellow pot - you may see it disappear as it could be used to pay your late weekly charge. They are not supposed to do this, but it happened to me, and I'm sure it has happened to others.

    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!

  10. #10
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    Default Re: Advice

    Yeah i gave a copy of the letter to the guy at BH, to cancel all the OSC, going to post a copy to head office aswell.

    I think what we plan to do is keep making the payments we can afford, get the OSC taken off and see how much is left on the items we've had longest, then TRY to pay those off and give the more recent one back.

    Thanks for the advice clemma

    Hopefully we won't have to deal with these people for much longer, i can safely say we will NEVER go back to them, rather go without!


  11. #11
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    Default Re: Advice

    With the item you have had the longest, it will definitely be worth asking for a settlement figure - you may be surprised by how little you have to pay. You'll have to keep on at them about it though - I battled to get them to send one out (when I saw the settlement figure I knew why).

    Your plan sounds good to me as well

    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!

  12. #12
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    Default Re: Advice

    Well me and my partner went in today to pay what we paid last week, they asked us to step into the office so they could discuss our account. The lady said in order for them to help us we need to help them, pretty much all they wanted to do is give the stuff back. She said they could downgrade a couple of the items, but when my partner said to them will half payment still be enough to cover all these downgraded items she went silent and couldn't give an answer. So absolutely no logic in that what so ever. So we told her we'd pay what we came to pay and leave it at that.

    We also told her that we're in talks with CCCS and she said once we've had our counselling session with them next week to ring BH up and give them the number and ref number so they can call them themselves. Blatently to check that we haven't lied about anything, as the woman said all they will advise us to do is to give everything back.

    Although you could tell they've been told to 'try' and help instead of the usual bully ways, we were still disgusted in the way she was talking down to us. As we were leaving my partner turned around and about three of them were stood staring at us, giving us dirty looks etc and my partner almost blew his top and went back in to have it out with them. You could blatently see them slagging us off.

    We won't be going in next week to make a payment as we're not going to put up with being treated like that, it's horrible going into a shop and coming out feeling like utter sh*t. Going to write a letter to the head office explaining this aswell.

    oh and i forgot to mention, they said they won't remove the service cover while we're in arrears, but we're not paying for it anyway at the min.



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