Thread: brighthouse

Like I said in the previous thread, please try not panic. You have come to thr right place and will get all the help you need here. First of all, send the following letter to both the store and Head Office:

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

They have absolutely NO rights whatsoever to make demands to be in your house. They are NOT bailiffs, no matter what they say and they are just staff that have been sent from the branch. If they come again, call the police (non-emergency number) and ask them to attend. If you explain you are being threatened, believe me, they will turn up.

As for your arrears - is the 443 JUST the arrears or the full amount? Regardless, it is against OFT guidelines for them to demand large payments such as this in one go (I will find relevany piece of legislation soon). You need to send a letter, again to the branch and head office explaining your situation and what you are trying to do to rectify it. I will try and write a suitable one for you, but I'm at work at the moment.

Also, if you are receiving endless phone calls, then send the telephone harassment letter:

NOOOOO - whatever you do DO NOT phone them!!!! Put your offer of payment proposal in writing. Phoning them will cause you more distress as they will threaten all sorts (none of it will be true though).

Send to both, by recorded delivery. You could maybe adapt the following letter to suit:

Account(s) number(s) XXXXXXXXX

Dear Sirs

I have recently been experiencing some financial 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

Head Office address

Caversham Finance Ltd,
5 Hercules Way,
Leavesden Park,
Watford
WD25 7GS.

I wouldn't have thought so, no

Sorry for taking so long to answer, but I was on night shift last night and have just woke up.

They are basically going to do a new agreement, so all your arrears will be put to the end. You will start off again paying the normal weekly payments. However. I would recommend taking a copy of the below letter though and get them to sign it. This is to protect any rights you have!

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)

You will need to make the amendments in the store.