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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  1. #1
    Basic Account Holder mickeyloulou Novitiate

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    Unhappy New to this.....in a mess financially and got Brighthouse to deal with....

    Hi All,

    In their defence, I have never had a query with Brighthouse, but then Ive never had money problems till now!!

    I have had many items off of BH in the past, all paid up now and I have a few items with them at the moment that I have been paying for since forever (what seems). I have always been in a situation where I can afford my bill so have done so every week even paid early most weeks.

    This was until beginning of January time when my partner lost his job (due to the current climate) and it was left to me to run the household finances on my wages alone. I struggled on as best as I could and carried on paying the BH bill but it eventually got too much at the end of January and I just couldnt manage anymore.

    I called my local store and advised of my situation and that I just couldnt afford to make the usual weekly payments until my situation changes. They were kind of OK about it and said they would sort it and I shouldnt worry.

    I think I had missed 2 payments so they did a re write on the account even though I said I didnt think this was the right answer as they had advised they couldnt do another re write on the account and I was telling them I couldnt afford the weekly bill. The store manager said we would deal with this when we needed to.


    Anyway I havent made a payment for the last 3 weeks as I just dont have it. I have a 6 yr old daughter who needs a roof over her head and feeding. BH called me on Saturday with not a very nice tone of voice telling me I was in arrears and I needed to pay them.

    I told the man that there was no need to speak to me like that, we had always had a good relationship in the past (now I see thats when I was a paying customer) and I thought better of him. He said he was doing his job and started laying down the law over the phone.

    Telling me if I dont pay he will send the debt to a 3rd company who are balliffs and I will have them to deal with. It was at this point I started to rais my voice a little and told him who did he think he was threatning me over the phone and he knew where I lived if he wanted a row! (I know I shouldnt but was a bit hepped up by now).

    After a couple of minutes slagging match he ended the call you know what your just a typical brighthouse customer and put the phone down. I am due to ring them today to make a payment but, after checking my bank this morning, the lovely tax credits people have randomly cut my weekly tax credits which has now left me short of money.

    I cant afford to pay them anywhere near what they say I owe but was going to try with a token gesture...what do you think I should do?

    Below is a list of items I have with them:-

    Home PC:- Taken out 9th July 2011...74 weeks left, 787.28 left to pay

    TV:- Taken out 30th August 2010...81 weeks left, 584.19 left to pay

    22" TV:- Taken out 26th October 2012...141 weeks left, 268.09 left to pay

    Laptop:- Taken Out 24th November 2011...94 weeks left, 556.82 left to pay

    Fridge Freezer:- Take Out 1st October 2009...38 weeks left, 127.51 left to pay

    Cooker:- Taken Out 18th October 2008...61 weeks left, 147.84 left to pay

    Washing machine:- Taken Out 22nd September 2011...137 weeks, 602.21 to pay
    Acer Tablet:- Taken Out 16th August 2011...79 weeks left....405.95 to pay.

    Many Thanks for your time and I really appriciate any help you can give.

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  2. #2
    Site Team citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB's Avatar

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    Default Re: New to this.....in a mess financially and got Brighthouse to deal with....

    They cannot send bailiffs without having issued a claim against you.

    Dont speak to them on the phone - in respect of their attitude, I would suggest you communicate by letter/email only.

    Others who have more knowledge or experience will look in on you soon.

    I am sure you have read round the forums and discovered others who have fallen foul of BH or other bayvicon companies when they have suddenly fallen on hard times !!

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  3. #3
    Basic Account Holder pinkfloydianuk Novitiate pinkfloydianuk's Avatar

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    Default Re: New to this.....in a mess financially and got Brighthouse to deal with....

    Hi,

    Ouch! Yep quite a mess.

    What i would suggest is to return as many of the items as possible. The PC, the 22" TV, the laptop and the Tablet are all luxuries that you could function without in reality. I would also try and work out a way of replacing your other items try Gumtree etc, ask a family member to help you out with a small loan if at all possible or even better get a bank loan the APR won't be anywhere near as rediculous as BrightHouse's charges etc

    You should write to head office explaining your situation but keep it brief, then go on to say that you wish to reclaim all of the OSC, Late Payment Charges and interesticon you have paid.

    Your goods are covered by warranty and current Legislation so there is no need to pay OSC and there is no remit in law to say they can charge a late payment fee.

    If you have your own contents insuranceicon check your policy or contact the provider to check whether HP items are covered. If so and you are paying DLC, you will be able to claim this back aswell.

    End the letter saying that you hope you can come to a peacefull resolution with them and come to an agreement on how you will repay the items you really can't do without. Then say something along the lines of, regretfully if we can not resolve the matter amicably regarding the OSC, Late Payment Charges and Interest etc we will pursue the matter through small claimsicon Court.

    Don't worry about it too much the whole 'third party bailiff' thing is a load of waffle. Only a court appointed Bailif with a Court Order can reposess goods from your property and obtaining an order is a lengthy process which i believe would initially require you to attend county courticon and explain your situation.

    From what i understand BrightHouse always do everything they can to avoid court situations as the courts tend to be more sympathetic with the Consumer and will normally help you to come to a repayment arangement.

    Good Luck and I hope this helps.

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  4. #4
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    Default Re: New to this.....in a mess financially and got Brighthouse to deal with....

    Agree with returning goods suggest both TVs and buying a cheap seconhand one for now you can get them for very little, may not be the most up to date but better than nothing. just how much are you supposed to pay each week?


  5. #5
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    Default Re: New to this.....in a mess financially and got Brighthouse to deal with....

    You might also want to try your local freecyle website.

    Please consider making a small donation to help keep this site running
    Click here to donate through PayPal (opens in a new window)

    Uploading documents to CAG ** Instructions **

    Looking for a draft letter? Use the CAG Library

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read

    BCOBS

    2: Does your Bank play fair - You can force your Bank to play Fair with you
    3: Banking Conduct of Business Regulations - The Hidden Rules
    4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly
    5: Fair Treatment for Credit Card Holders and Borrowers - COBS



    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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