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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Ex-Brighthouse manager available for questions


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HI

 

I have recently discovered this forum mainly because BH are this weekend (25th October 2008 ) opening a new store in my home town of Kidderminster. I was adding comments to my local newspapers online comments page and looked on the CAG forum pages to paste some links to my comments. I like to warn people of impending threats, but also like to back it up with evidence, so what better evidence than the CAG forums?

 

I was surprised to find so much! I was also annoyed to see that things have not changed either.

 

I became a branch manager for Brighthouse about 6 months before the changeover from Crazy George's, and worked in stores across the Midlands.

 

I had a job to do, and I had to do it to feed my family! But I also didn't feel great about it some of the time. There are those customers who are quite dishonest and shouldn't be given credit even by the BH method. When that sort of person owes you money, it gets tough, which is where a lot of the BH strong arm tactics originate. Unfortunately, this gets used for everyone, even those that have legitimate reasons for falling behind.

 

I could go on and explain it all to you here, but this thread will be like War & Peace before anyone has chance to reply. So please ask away, and I will do my best to help. I haven't worked for them in 6 years, but they haven't changed and I bet some of you are still customers at some of the stores I have worked in!!

 

PLEASE BE AWARE! I AM NOT GOING TO TELL YOU OR ADVISE YOU TO DO ANYTHING WHICH IS ILLEGAL. LIKE IT OR NOT, YOU SIGNED A LEGALLY BINDING AGREEMENT WHICH IS REGULATED BY THE CONSUMER CREDIT ACT AND YOU ARE BOUND TO IT FOR IT'S DURATION OR UNTIL YOU SETTLE THE AGREEMENT, WHICHEVER HAPPENS FIRST.

 

But guess what? BH are also bound to it under the same law, and by many others including one they don't like to brag about, THE ADMINISTRATION OF JUSTICES ACT 1970, which basically sets out what you are allowed to do and not do when someone owes you money!

 

FOR PRIVACY, I WILL ALSO NOT DIVULGE MY NAME OR THE STORES I WORKED IN, NOR WILL I MENTION ANY OF MY PREVIOUS CUSTOMERS AS THIS WOULD BE A BREACH OF THE DATA POTECTION ACT.

 

Now that all the nitty gritty is done, fire away. Also if there are any other disgruntled ex BH people there, come along and help. Call it regenerating your Karma!!:):):)

Edited by plumberjon

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Hi plummerjon

 

Nice to have you here. Hope to see some good "juicy" threads going! ;)

 

PLEASE BE AWARE! I AM NOT GOING TO TELL YOU OR ADVISE YOU TO DO ANYTHING WHICH IS ILLEGAL. LIKE IT OR NOT, YOU SIGNED A LEGALLY BINDING AGREEMENT WHICH IS REGULATED BY THE CONSUMER CREDIT ACT AND YOU ARE BOUND TO IT FOR IT'S DURATION OR UNTIL YOU SETTLE THE AGREEMENT, WHICHEVER HAPPENS FIRST.

 

Absolutey! CAG takes exactly the same line and would NEVER condone anything illegal or dishonest. However, I would point out that, although you may well have signed a "legally binding contract", you are bound to it for its duration... that is unless, of course, the contract is breached by either party. And BrightHouse have been known to breach many agreements and on several occasions... Oh, and so do customers, too... (Lefty being careful to maintain a fair balance) :)

 

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

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OK.

 

Here's a question that comes up time and time again...

 

Just WHAT exactly is proof of "suitable" home contents insurance, as required to cancel (or deem unnecessary) BrightHouse Damage Liabilty Cover (DLC)?

 

What are the OFFICIAL BrightHouse guidelines regarding this?

 

 

Cheers

Lefty

Edited by Lefty
because I can! Ha... Only joking.... worded badly

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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Hah! I should have seen that one coming!

 

DLC is calculated at the time of sale of any new item by the sytem (IRIS) unless it's been superceded by now.

 

It is exactly 10% of the weekly rental, but conveniently enough, I don't believe it is actually classed as an insurance, so falls outside of IPT (Insurance Premium Tax) meaning if it did they would have to give some of it to the Chancellor ( 7.5 % i think).

 

Therefore, if it's not an insrance, then providing your existing contents insurance covers accidental damage, no matter what the cause, then you should save quite a bit.

 

My advice is to stick to your guns and say no.

 

There is one very big reason why BH stores don't like to knock off DLC. This is because there is no insurance company that is going to pay BH back for writing off a damaged item. It basically comes off the operating profits of the store. Meaning the store will effectively make less profit, the manager and his manager will not get as big a bonus!

 

So in a nutshell, your house contents insurance is worth a whole lot more than the BH DLC.

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Unfortunately yes you do.

 

The reason, it's a Hire Purchase, which means BH owns the item until you have finished paying for it, no matter how long and drawn out that seems!

 

My advise is to get your own house contents insurance, in the long run it will be sooooooooooooo much cheaper.

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Hah! I should have seen that one coming!

 

DLC is calculated at the time of sale of any new item by the sytem (IRIS) unless it's been superceded by now.

 

It is exactly 10% of the weekly rental, but conveniently enough, I don't believe it is actually classed as an insurance, so falls outside of IPT (Insurance Premium Tax) meaning if it did they would have to give some of it to the Chancellor ( 7.5 % i think).

 

Therefore, if it's not an insrance, then providing your existing contents insurance covers accidental damage, no matter what the cause, then you should save quite a bit.

 

My advice is to stick to your guns and say no.

 

There is one very big reason why BH stores don't like to knock off DLC. This is because there is no insurance company that is going to pay BH back for writing off a damaged item. It basically comes off the operating profits of the store. Meaning the store will effectively make less profit, the manager and his manager will not get as big a bonus!

 

So in a nutshell, your house contents insurance is worth a whole lot more than the BH DLC.

 

Plummerjon (or can we just call you jon)?

We get many people here saying that BrightHouse will NOT accept their home contents policy as proof of suitable insurance.

I have suggested listing items belonging to BrightHouse as "ALL RISK" items on their policy. This details the item, with both a written description and, if necessary, a serial number.

Would you agree, as an (ex) BrightHouse store manager, that this then becomes proof of suitable home contents insurance?

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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You never manage to say it all in these replies do you lol?

 

As you don't own it until you've finished paying for it, BH need some assurance that if it goes wrong and the item gets damaged, then the book value of the item gets covered at the time.

 

But, take a £20 a week 3 piece suite, that's £104 a year over 3 years, just to insure the suite. You can get an entire households contents insurance for less. See my arguement?

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Hi Lefty

 

The big problem here is we are confusing what is common sense, with what mood the manager is in, the day after his rollocking with his SDM (Sales Development Manager) because his figures aren't good enough!

 

They will argue every which way but loose to get you to have their DLC because it's a way of getting yet another 10% out of you.

 

Be obnoxious, stick to your guns. Make sure your existing (or new) household contents insurance covers items in your home that are not owned by you (on HP) and that will suffice.

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Is there a separate agreement to be signed for DLC & even if not are their any T's & C's which cover it

 

Here ya go :D

BrightHouse DLC Terms and Conditions

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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Hi Lefty

 

The big problem here is we are confusing what is common sense, with what mood the manager is in, the day after his rollocking with his SDM (Sales Development Manager) because his figures aren't good enough!

 

They will argue every which way but loose to get you to have their DLC because it's a way of getting yet another 10% out of you.

 

Be obnoxious, stick to your guns. Make sure your existing (or new) household contents insurance covers items in your home that are not owned by you (on HP) and that will suffice.

 

I think me and you are gonna be good pals! :D

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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Hi JonCris

 

When I was there it was never sold as an insurance, and it was conveniently tucked away at the bottom of the same system generated form. There was only one contract to sign and it needed 3 signatures if I remember. 1 for the agreement, 1 for the service plan and 1 for the DLC.

 

At the time I was there they had this presentation folder and during training, you were even given role play excersices to make sure you said the right things. It didn't happen, but technically everytime you sold something, even to a customer who already knew it all, you had to sit down for 20mins and tell them it all, which did include a bit about DLC.

 

I am racking my brains here, but I am damn sure that it was not sold as an insurance

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Hi JonCris

 

When I was there it was never sold as an insurance, and it was conveniently tucked away at the bottom of the same system generated form. There was only one contract to sign and it needed 3 signatures if I remember. 1 for the agreement, 1 for the service plan and 1 for the DLC.

 

At the time I was there they had this presentation folder and during training, you were even given role play excersices to make sure you said the right things. It didn't happen, but technically everytime you sold something, even to a customer who already knew it all, you had to sit down for 20mins and tell them it all, which did include a bit about DLC.

 

I am racking my brains here, but I am damn sure that it was not sold as an insurance

 

That's right...

 

The word "insures" is substituted by the word "covers"... IE - Our DLC policy covers your item against theft, fire and damage...

 

However, the policy is underwritten by Caversham INSURANCE (Malta) Ltd.

 

 

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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Thanks Lefty

 

These T&C's are new to me.

 

But then I left there 4 years ago. I would have remembered an insurance backed sheme from some dodgy outfit in Malta, of all places.

 

So it is and insurance, sort of!

 

I stand corrected, but none the less, stand your ground say NO to DLC. It's a rip off, and you can save money elsewhere.

 

Like I said in an earlier post, speak to your main insurer and verify that they will cover full replacement on accidental damage to items on HP in your home (95% will).

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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If you have ticked the relevant box and signed in the

signature box on the Agreement to apply for a Damage Liability Cover insurance policy (the DLC Policy) and have been accepted, you have also entered into this DLC Policy with Caversham Insurance (Malta) Limited of 2 Fontana Mansions, Bisazza Street, Sliema SLM 15, Malta (“the Insurers”)

 

This insurance does not cover any of the following:

 

If you are unhappy about the way in which this insurance policy has been sold to you orhave any dispute or complaint in relation to the DLC Policy

 

All taken from DLC T&C's. Don't think that leaves much room for doubt

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They obviously want you to buy their product, namely the DLC because it does mean more money for them.

 

But it is a very expenxive way of just insuring one item.

 

However, the reason they want you to have it is to protect their asset whilst it is in your home.

 

But that is where they shoot themselves in the foot. Why? Well they are quick to point out that if you fall behind on your payments, then the Service cover and DLC become null and void as you are not paying for them, Therefore the asset is no longer protected.

 

If you have your own household contents insurance andit is up to date and paid for, then even if you fall behind on your BH payments, their asset is still protected.

 

So in a way, their asset is better protected bty you using your own insurance, than if you used their DLC in the first place.

 

Quite logical really. And yes, if you can prove suitable insurance, they are breaking their own policy by forcing you to buy their DLC.

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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I am pretty sure that there are regulations with the selling of insurance that would be broken by forcing someone into your product alone. They are definately breaking their own policy by forcing you into DLC even after proving your own insurance is adequate. The reason for selling DLC is in case you don't have your own insurance, it's as clear as daylight in the T&C's, or at least it always used to be.

 

With insurance, it's never about how cheap it is, it's also what the insurance is actually getting you, ie. level of cover.

 

For the finer points o the law regarding this, someone else will need to answer this.

 

Perhaps a member of the site team may be able to confirm?

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Just a quick one - A few weeks ago we were unable to make the payment on the Saturday (because of work - not financial reasons). I contacted them and explained we would be in first thing Monday morning to pay. This was not acceptable though and they told us we would have to make two weeks payments. However, I went in on Monday anyway, paid one weeks money into the yellow money, then paid as normal on the following Friday.

 

Anyway, i digress, what i want to know is that because of this is the OSC i have (forcefully) on two items now invalid?

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