lala25

- We originally complained that BH has overcharged us on products

as if they are taken out on any day other than a Saturday you will pay more for the items,

this is due to the fact that BH spread the payments over 52, 104 weeks etc

when you take the contract out on say Tuesday you pay to the Saturday

and the first week so in effect you are paying 2 weeks but they only count it as one.

Then you pay a further 51 weeks. By which time you forgot that the first payment was for over a week - and BH make a nice profit.

If you question it they fob you off saying that it was the PIF (Paid in Full) amount - rubbish they are ripping you off.

Look at your contract(s)

is/are the first payments you made for more than the first week i.e 1 week 3 days.

If so complain to BH who will fob you off and give you 6 months to go to the Ombudsman.

Then complain to the FOS that they have overcharged you, and that you had to take out the OSC and DLC

as we all know they say you have to have them.

Also did you ever miss a payment - if so then your DLC and OSC should have lapsed.

If BH still continued to make you pay for them they are in breach of their own contract

which states that if you miss a payment then the OSC and DLC lapse.

We all know that when you make the missed payment you have to include the OSC and DLC and then continue paying them

- BH are not allowed to do that.

Include that and then see what the FOS says.

For us we had all the contracts etc and could prove what we were saying.

BH never responded to the FOS so it was found in our favour

and received 2 cheques from them for all the OSC, DLC, Overpayments,

8% interest from the first payment of OSC and DLC and Overpayments, and £100 for D&I.

It is worth pursing if you have the time and energy,

but it won't be quick as BH always take the maximum amount of time that is allowed for responding.

We have been pursing this for about 2 years so finally paid off.

Hope you have as much luck as we have had. If you need any assistance the peeps on here are quite brilliant

mpenn

Update

After hours of phoning BH to find out what they were doing

we received a cheque for £2355.42 which they said was the full and final payment

- after telling them it wasn't

and getting back in touch with the Ombudman

we received another cheque for £1113.49 making a total of £3468.91

which was all the OSC, DLC,

Overpayments and 8% interest and £100 D&I.

What a nice Xmas pressie

It is worth pursing but may take a while for the right resolution peeps.

Thanks CAG for all the help.

mpenn

Spoken to the Financial Ombudsman today and its 8% on each payment NOT 8% total. So BH owe us more than they have initially paid.

mpenn

Hmmm still not sure then, think I may have to ask the Financial Ombudman which it is so that can either accept or reject their offer.

Thanks

mpenn

Have a question when the FO says 8% interest on the OSC and DLC is it 8% on each payment or 8% of the total amount because BH have only done 8% of the total as the interest. Just need clarification please

mpenn

Update - Had a Letter from BH today with a cheque for £2355.42 as full and final settlement - only problem is that it is £1100 short of what we worked out they owed us. There is no breakdown of the figures so phoning Monday to get figures to see what they have paid and not paid.

mpenn

So had the final decision from the Financial Ombudsman

Brighthouse have to refund all the overpayments and 8% interest

All OSC and DLC and 8% interest

£100 Compensation

They now have 28 days from 30 October to contact us to make settlement.

Lets see what they do, if anything

mpenn

cheers dx100uk will work it all out with that and let you know how it goes

mpenn

Well received the letter from the Financial Ombudsman stating that:

BH Need to refund the overpayments +8% interest

Refund all OSC and DLC +8% interest

£100 compensation

just need to work out the interest if someone could point me to the right place to be able to do that I would be grateful

Thanks CAG

mpenn

Just to update on what is happening so far, decided that going straight to court was not the best option and decided to go to the Financial Ombudsman instead.

Had a preliminary letter from them stating that they were upholding my claim, but the Ombudsman would need to make the final agreement.

Today had an email stating that the Ombudsman is upholding our claim and we should receive a letter in the next week or two.

Happy Days

Also can I point out to all BH customers that if you take your agreement out on any day other than a Saturday, then YOU WILL pay more for the item. This is because they work it out eg £52 for 52 weeks = £1.00 per week. If the contract starts on a Saturday you will pay £1. If it starts on Monday you will pay £1 + £1/7*5 = £1.71 then you will pay 51 weeks at £1. So in effect you will pay £52.71 for the item. Consider that this is only for something that cost £1 a week. Each customer that doesn't claim that 71p back is lining BH pockets BEWARNED!!!

Will update when we get the letter from the FO

mpenn

Thank you for responding Jason - but its too little to late. Court paperwork ready to be filed in the morning with the Court. You have had in total 5 months to sort this matter out. Still nothing has been done. So expect the paperwork from court soon.

Well still nothing from BrightHouse either via Email or letter so on to the next stage now. They have had their 7 extra days to respond and nothing so am now going to start court proceedings as getting nowhere with BH.

Following on from the closed thread, we are on 6 day of their allotted 7 days to reply and still nothing from them.

If nothing is had by tomorrow then it will be the issuing of the court documents via the small claims court.

Not really expecting to hear from them with a satisfactory response only the usual, sorry we don't accept what you are saying.

Will update as and when something happens.

mpenn

ahhh didnt realise that :)but the remaining still stands

Jason

Might be worth mentioning that the email you provided has a space in between Bright and House and so is not recognised. So sent to customer.relations@brighthouse.co.uk. Also advised that only email or postal correspendence will be accepted and a time limit of 7 further days.

Well they were emailed copies of the entire stuff that was sent on 26/9/14 and 17/10/14 to the customer relations email, so them asking for it to be sent again is a waste of everyone's time. It was also email to Leo McKee the CEO. To date no response from them at all so about to issue the court papers today.

It came from the first link in your signature the 1. Single Premium PPI Q&A Read Here which I was told to read its the 7th block 1st one.

So what about the rest that they are saying that I have to pay? Which has PPI included

OK cheers just from what I read it says

I got behind with my loan which had PPI attached to it. As a result, the loan was sold to a debt collectionicon Agency and I have a notice of assignment to that effect. As my debt has been sold, who do I now claim from and what do I claim.

This is an interesting one but you should revert to the logic that it was the original creditor or their agent who mis-soldicon the policy and therefore it is they who are your target for the reclaim.

Surprising as it may seem, the dca has nothing to do with the policy or the sale of it. All they have is a figure that they have bought. The claim is therefore to the original lender.

Now there is no set rule as to what goes on here but the closest logical approach is as follows.

Prior to selling the debt, the original lender would have issued default and termination notices. It is likely that from the date of termination no further interesticon will be added to the account. There would clearly be a balance on the account otherwise there would be nothing to sell on to a dca.

If you put yourself in the bank’s shoes what can they do about a claim that they uphold?

Normally they would adjust the loan balance for the unpaid part of the PPI, offset the claim against any arrears on the account and refund the balance to the claimant. As they have assigned all rights etc to the dca, they can no longer interfere with the balance on the account (generally speaking).

So what they have to do to put things right is to refund the entire premium to the claimant plus the interest they would have charged on the payments by the claimant and then plus interest on those payments by way of compensation, typically 8% statutory interest.

They do this in the logical approach that if the dca has a figure that has been sold to them, that figure would still include some of the PPI but the bank can’t touch that. By refunding the entire premium plus the appropriate interest, they are assuming that the claimant will use that refund to pay off the dca and the bank are giving you back more than you have actually paid in order to fund that.

Now whether the claimant has a dispute with the dca is beyond the scope of this article but this is a recent scenario that has cropped up and from the calculations we have been able to perform is an accurate representation as to what happened.

So in this scenario you would put forward a claim for the total amount of the PPI premium plus the interest charged by the bank on the payments actually made plus the further 8% statutory interest on each payment actually made.

In the last paragraph it says that you put the total amount of PPI premium plus the insterest charge on the payments actually made plus the 8%. But you are saying just the payments and 8%. Bit confused here as you said to refer to the link which I have, not saying that it's not right

Jason

Customer Relations have had all the information in paper format and email format twice! If they can't locate the account from those then we are in a very sorry situation.

mpenn

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

 

link 1 below

 

 

and the 1st spreadsheet in the link above.

 

 

dx

So if I am reading this correct

So in this scenario you would put forward a claim for the total amount of the PPI premium plus the interest charged by the bank on the payments actually made plus the further 8% statutory interest on each payment actually made.

I put the start date and the total amount of PPI, then the actual payments of PPI in the statinsheet. Can someone confirm this please.

Thanks

mpenn

Sent a Preliminary letter and Letter Before Action. Only reply was 4 weeks ago saying that they had received our complaint and would look into it. Since then nothing except do we want to take more goods out - short answer NO. So tomorrow is the 14th day of the LBA, not expecting to hear anything between now and then, so next step would be to issue Small Claims Court proceedings. Is there anything that we need to know about in filling this out as never gone down this root before. Would be grateful if someone could let me know what the next steps in the process are.

Cheers

mpenn

so £65.87 of each payment ACTUALLY MADE is reclaimable PPI and then theres the outstanding PPI too.

 

 

£65.87*48=£3161.75 total insurances minus what you've paid above + 8% too!

 

 

me thinks this will make more than they are after.

 

 

 

 

like all daf agreements

 

 

you got had very badly

 

 

dx

so how would I go about doing this? really not sure how it gets worked out

Cheers

mpenn

doh thanks - didnt think of it like that

On one of the threads I saw that to work out the PPI part of any payment you take the cost of PPI / Cost of the loan * 100 = ??% is the PPI so in my case £3361.76 / £5724.96 * 100 = 58.72% would this be correct ???

So that I can work out the PPI paid part for all the payments made

Also might be me being thick here but on the agreement on the additional insurances side we have 10 - 21 with 14 being the down payment but the total amount payable is 14 + 17 so £200 down payment + £3161.76 the Balance Payable which = 18 £3361.76 Total Amount Payable. Surely if I paid £200 it should have been taken off not added on???? am I missing something??