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.
I know this set of threads is about bank charges but Brighthouse (formery Crazy George) makes extortionate charges if payments or late on hire purchase agreements. Presumambly, these also are illegal. Has anyone started (completed) proceedings against Brighthouse to recover charges?
I don't know yet, we are probably going to send an SAR to find out. I think there may be a problem depending on how BH manage the account - whether it is one account or several. When we've been late paying (Monday rather than Saturday) they've slapped on charges of about £30 but this is so much per item for several items. It's one area where we could do with some advice. We will proabbaly send in the SAR anyway, we can always just not proceed.
Please supply me with a complete list of transactions and charges relating to my account with your organisation since December 2000. Alternatively, a complete set of statements for that period will be acceptable.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.
If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
I enclose the statutory maximum fee of £10. You have 40 days in which to comply.
I have had many dealings with Brighthouse over the years, and may be able to offer you a little advice. Brighthouse have been described as “bullies”, but like any school bully, if you stand up to them THEY WILL BACK DOWN!
Some years ago I got myself into financial difficulty and, as a result, my ability to obtain credit became seriously impaired. Therefore, I now have little or no choice than to use stores like Brighthouse for larger purchases. Although I am relatively happy to accept that I am now considered as part of the “sub-prime” market (and have to pay more for credit), this does NOT mean that statutory consumer law does not apply to me!
So, if you DO use Brighthouse, here’s a few tips on how to deal with them…
1 – “OPTIONAL” SERVICE COVER
Cancel any “Optional” Service Cover policies you have now! Because:
a) the service cover was most likely applied automatically without giving you the option to choose whether you required it or not, and
b) the service cover is extremely over-priced and represents very poor value for money when compared to a typical manufacturer’s own extended warranty as the following examples show.
Hewlett Packard Extended Warranty - Available upon registering a new Hewlett Packard product or at the end of the manufacturer’s 12 month guarantee period
A single one off payment of £88.99 which provides an additional 2 years of cover to the initial 12 months guarantee period, giving a total of 3 years cover. This cover includes collection and return, all parts and labour and a brand new replacement product if any repair is not completed within 28 days
Caversham Finance (Trading as Brighthouse) “optional” service cover
104 weekly payments of £5.77 (total £600.08) providing service cover for the 2 year duration of the agreement. (As Hewlett Packard guarantees all new products for the first twelve months regardless, this figure only represents one year of actual extended service cover. The cost of this cover is extortionate and, quite simply, cannot be justified.
Of course, “Optional” Service Cover isn’t really service cover at all. As we’ve already established, all new products are subject to a 12 months manufacturer’s warranty anyway, and any volume purchaser like Brighthouse will be able to negotiate massive discounts with outside service agents for any repairs that may occur at other times. No. “Optional” Service Cover is really a thinly disguised payment protection plan that protects the interests of Brighthouse and NOT you!
Brighthouse also appear somewhat confused over the term “optional.”. My interpretation (having studied my terms and conditions) is that service cover is an “option” to purchase at the time of the initial agreement and cancellation thereafter will require 7 days notice. However, Brighthouse staff have been instructed that “optional” means the option not to purchase the service cover can only be exercised at the time of the initial agreement and, furthermore, cannot be removed thereafter!
This is a complete lie. Service cover is optional and can be removed at any time. Of course, an attempt remove it will invoke fierce resistance from Brighthouse! Store managers have been briefed by their area managers regarding this “growing problem” as more and more customers are getting wise and seeing through the con that this service cover is! You can thank forums like this one for that!
Put a request in writing to your store (and to head office). Once this has been done the store MUST comply with your request. Quote your terms and conditions:
“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…”
You may also like to quote this extract from a transcript of the BBC 4 programme, “Money Box.”:
“BrightHouse is the trading name of a company in Reading, Caversham Finance Limited. It refused requests for an interview, but in a statement said:
STATEMENT: All charges, terms and obligations in every agreement we make with our customers are explained in easily understood language in a personal presentation in store before the agreement is signed. We then test customers on their understanding of the agreement. The optional insurances offered and accepted by this customer were clearly explained and the customer had every opportunity to cancel either at the start of the agreement or at any time during it…”
2 – YOUR STATUTORY RIGHTS AND THE SALE OF GOODS ACT
If you have successfully removed any service cover from your agreement, and the goods then develop a fault, don’t be fobbed off with any rubbish that repairs have to be paid for and the responsibility lies with you. So long as your product is less than 12 months old, has been used correctly and in accordance with the manufacturer’s instructions, then Brighthouse have a LEGAL duty to comply with the sale of goods act and either refund, replace or repair (dependant upon how old the goods are) as necessary.
A few years ago I purchased a TV which, from the word go, was substandard and had several annoying (though not particular major) faults. The screen geometry was sloping from right to left – not a lot, but way outside of the manufacturer’s tolerance levels, and the set had an annoying low-level buzz all the time it was switched on. Now then, had I have purchased this particular TV from a discount store (or, perhaps a sale or end-of-line reduction promotion) I would have probably “lived” with the faults. However, this TV was sold to me at “top” price, and for the price I was paying I wanted a perfect product. Fair, would you say?
Apparently not! I reported the faults to Brighthouse straight away, and eventually I received a service call from two gorillas in dirty overalls. These were the same two gorillas who delivered the set a week or so earlier! After a few grunts, a large amount of muttering I was treated to:
“F*** all wrong with it, mate! I think you’re being a bit fussy, ain’t ya!”
Needless to say, I stood my ground and insisted the set was unsatisfactory and I wanted a replacement. It was duly taken away (I was left with a portable TV as a “loaner”) and it subsequently spent three weeks at the local store gathering dust!
After a month had gone by (throughout which time I was still PAYING for the thing) I enquired as to where my replacement set was. I was told that the manufacturer needed to check the set first. Another month went by – and another month of payments!
Eventually, I received a technical report from the manufacturer. Basically, they were disappointed that I was unhappy with the set, but insisted no “repairable” fault could be found! The set was eventually returned to me – in the exact same state it had left…albeit considerably more dusty!
Brighthouse suggested I should commission an independent engineer to inspect the set. This I did, and as it was their suggestion, sent them the bill – which they paid! The independent engineer confirmed the set was faulty and not of “merchantable” quality. The screen geometry was outside the manufacturer’s tolerance levels and there was an “earth leak” somewhere on the power supply causing a 50hrz mains loop buzz!
Upon presentation of my independent report, the store had no option other than to replace the set with a different model…
But… What about the money I had paid on the original set? In the time it had taken to sort things out, I had made over £140 in payments! Brighthouse very generously offered to credit me with half of that amount! I insisted on a FULL refund and nothing less!
Bet you can’t guess who won? ;-)
3 – HIRE PURCHASE
When you enter into an agreement with Brighthouse, you are entering into a HIRE PURCHASE or CONDITIONAL SALE agreement. This means that ownership of the goods remains with Brighthouse until the end of the agreement.
However, this does NOT mean that Brighthouse can just stroll into your home and remove their goods if you get into difficulties. First they must issue you with a default notice. This notice must be in writing and NOT just a threatening phone call. THEY CANNOT FORCIBLY ENTER YOUR HOME UNLESS YOU LET THEM! To forcibly enter your home they MUST first obtain a court order – and in order for them to obtain one you would have the right to put your case forward in court and, perhaps, be granted time to pay. If you have paid more than half of the instalments on your agreement, any court would be inclined to allow this and force Brighthouse to comply.
Basically, you should ignore and disregard anything Brighthouse say to you UNLESS IT IS IN WRITING!
4 – YELLOW MONEY
Brighthouse have a system they call “yellow money”. How it works is like this: When you make a payment you are encouraged to round up and leave any excess (your change) in your account. This amount is then added to “yellow money” – a separate account in your name. These amounts can soon add up, and before you know it, you have a decent sum saved! I know a woman who saves for Christmas this way! Brighthouse DO NOT pay you any interest on this money – however, you CAN withdraw it at any time!
THIS IS A BLATANT RIP OFF AND POSSIBLY ILLEGAL!
Brighthouse claim to have in excess of 100,000 customers – and plan to open around 15 new stores next year! If every one of those customers just had £1 in there “yellow money” account that is £100,000 of “free” money that Brighthouse can invest – yielding some £10,000 a year in interest FOR THEM!
5 – CONCLUSION
Brighthouse target the poor. Fact! They also know that 100% of their customer base is “sub-prime” – people who can’t get credit by other means. They know that an average customer will just be happy knowing they’re getting some credit and WON’T rock the boat or demand their rights. Brighthouse know this – and that’s how their business works.
Sub-Prime does NOT mean Sub-Human. You have rights. You are the customer and you are helping Brighthouse turnover an annual profit of 130 million.
Had a phone call from the local store today (SRA sent to head ofice) saying they had had this letter from us forwarded from head office and didn't know what it meant! What did we want actually? Told them, and they said they didn't think they would be able to provid it, as all the records were destroyed when we closed the account (about a month ago).
Anyone know for how long they have to keep records of HP agreements?
Steven4064 - v - BrightHouse***WON***
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Originally Posted by steven4064
