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clemma

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Everything posted by clemma

  1. Thanks This particular post has really got to me. I just want to help others and I have used CAG to help me gain some knowledge. You're busy at the moment , so whilst you keep a low profile, I'll pinch your advice!
  2. Sorry - usually quote you when I write my replies!! Just showing initiative
  3. You're more than welcome. Once you have sent the letters, told them to stop calling, informed trading standards and emailed Anne Healey (a lot of things, I know) trust me, you will feel more in control of the situation and therefore less stressed. Thats the key to this. Keep us informed. I have forgot to mention - phone your branch and ask them FIRST about spreading the arrears on top of your normal weekly payments. They will more than likely refuse, but at least the letter you send to head office about your financial difficulties will be accurate, as it states you have contacted the branch.....Be polite and tell them you are wanting to make payments, but their refusal to help you pay the arrears is frustrating and leading to you becoming more in arrears. If they become threatening, remember the advice given above.
  4. As well as sending letters, also email Anne Healey - [email protected] You will get a standard reply from her, but it was her I dealt with and she did pursue my complaint and it has been resolved. If you have heard nothing from her after 7 days, email her again. Always remain polite - I never put any anger into my emails (difficult as it was). My case for my unfair treatment and the mis-selling of policies was resolved within 2 weeks
  5. Also, to help reduce further payments, I would suggest removing Optional Service Cover and Damage Liability Cover (although you must have your own home insurance to remove DLC). There is a letter in Lefty's factsheet sticky.
  6. This has to be one of the worst cases I have read on here and my heart really goes out to you. I hope the following can help ease both of your minds: Brighthouse CANNOT just take your items if you have paid over a third of the agreement. They also CANNOT forcibly enter your home or take goods without your permission. Before they can take goods they HAVE to obtain a court order. Before they can get a court order, they have to issue you with a default notice. Even if you have only made a few payments, they STILL CANNOT enter your home without your permission. BH make these threats too often, and I have been on the receiving end of it myself. If they phone again and threaten you, tell them you wish to receive no more correspondence by telephone and want all further communication in writing. Send a letter off to Head Office and your local branch (recorded delivery) stating this, explaining your reasons (ie calls are of a threatening nature, persistent calling etc) and explain your circumstances clearly in the letter. Use this letter to help you as a guide http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html. Also, tell them when they phone that you are recording the conversation. They may well say it's illegal, but it's NOT (especially if you have genuine reasons i.e. witheld numbers and threatening calls ). They don't know your not...... You may also want to send the following letter: Account(s) number(s) XXXXXXXXX Dear Sirs I have recently been experiencing some personal 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 your local Trading Standards (this never hurts) Bear in mind, and to help ease you problems, BH rarely (if ever) obtain court orders. There is also the possibility of asking them for an account re-set, so the arrears are placed on to the end of your agreement. BH will probably prefer to reset your agreement than take you to court (as they would have to to reclaim their goods). You should think very carefully before agreeing to this, because you risk losing all the rights you have accrued regarding repossession and early settlement, making it easier for BrightHouse to repossess their goods should you get into difficulty again. If you do decide to accept an account re-set, use the following letter and make sure the store manager signs it. Attach it to your new agreement Original agreement number XXXXXXXXXXXXXXXX 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) Brighthouse are renowned for being bullies, but they DO back down as I can testify for. First thing tomorrow, contact Trading Standards and explain everything to them - get them into the loop so you can send all correspondence on to them too. I hope some of this information helps. I know it's difficult, but try not to panic. As a consumer, there are many laws that protect you from harassment/unfair conduct etc., etc. BH is NOT a priority debt. Above all else, the health of your girlfriend and children come first. If you need any further help, please just ask. p.s. As an afterthought, if BH come to your house and threaten you or try to force their way into your home, do not hesitate to call the police. This is intimidation and harassment and is therefore against the law.
  7. Just thought I would add a little post to say that, thanks to help from CAG, I have successfully beaten the bullies that are BH. Not only did I get my TV repaired (without OSC) after a fight, I removed OSC and DLC and now, after complaining about the OSC and DLC/attitude of BH staff etc., etc the have written to me stating they will pay off the balance of two agreements totalling over £530...... It wasn't easy, and it involved lots of letter writing, but I have reduced my weekly payments by from £42 to £18 per week. Only have 6 months left then I'll be rid of them for good (well, unless one of the items develops a fault .)
  8. BH sent me a letter today in reply to my complaint. They are going to pay off 2 of my agreements (totaling £530) in compensation for all the hassle I have had with TV and mis-selling of policies! Result in my eyes. In total, and thanks to CAG, I have reduced my weekly payments from £42 to £18!! Oooohh - they look forward to my future custom as well
  9. My Husband went to BH today and they told him that we had to pay 100 pounds for the repair made to the TV......He obviously said no, and BH phoned head office, who told the store to wipe the 100 pound off - result (or maybe they are just sick of me sending them letters and emails by now, that they wanted no more trouble?)
  10. Please see Lefty's fact sheet and read about your statutory rights under the Sales of Goods (Implied Terms) Act. Also, send them a letter based on the below template: Date……. Owner / Manager's name (or The Manager) Retailer’s name Retailer’s address Retailer’s postcode Dear [Qwner/ Manager’s name or Sir/Madam] Account No……………. Supply of Goods (Implied Terms) Act 1973 (as amended) On [insert date], I entered into a Hire Purchase agreement with you for [enter details of goods] from [insert suppliers details]. The following problems have arisen: [Give brief outline of problem and any action taken] I understand that under the above legislation, it is your responsibility to resolve the matter and would therefore ask that this is done within the next 14 days. Yours sincerely / Yours faithfully [Name]
  11. They were never going to turn up. I hope you get everything sorted. We are here to help if you need more advice. Just send those letters, phone Trading Standards and you'll be fine. Remember - BH are NOT a priority debt, so on the one in a million chance that they took you to court, the judge would order you pay a minimum payment that is less that what you are offering. Best of luck, and keep us all posted. We like to hear success stories on here
  12. I can't "prove" it for OSC, no. But I can for DLC p.s I can't prove they forced me....but can they prove they didn't? Why would I have OSC on only 2 of my agreements, not all 4?
  13. I am currently fighting to get a refund on OSC and DLC at the moment. My basis is that I was not given the option to take/not take the "optional" service cover (i.e. mis-sold as they told me I had to have it, otherwise I wouldn't get credit....) and that my home insurance was valid and did cover HP items (I had this in writing but BH STILL refused to accept it!) I wrote to Anne Healey 10 days ago and as I have heard nothing, I sent another email yesterday. Anne has replied and said the BH are looking into it and will get back to me soon.... I put in my email that if I have no satisfactory response within 7 days, I will take matter further with TS, OFT etc.,etc. Will keep you updated. P.S They have now removed both policies - I proved OSC was worthless when my TV was repaired (I didn't have OSC and the TV is 20 months old - after much letter writing, they gathered I knew what I was talking about and actually followed the law ) As for DLC I took in yet another letter from my insurance company, with "HP items are covered by this policy as long as you are legally responsible for them" written in bold!
  14. You can tell them you are recording the call. If they say it is illegal, it's not. You could be recording all calls, for any reason (i.e. you have been receiving threatening phone calls from unknown numbers )
  15. As you only have 4 months left on the laptop, I would say you have paid at least 3/4 of your agreement. Therefore, without a court order, they CANNOT take it back. BH rarely take people to court Just explain this to them next time they call. Remember, they have to issue you with a default notice FIRST before they can threaten any action. By the time it got to court, your agreement will probably be paid off. Please do not worry about this. Stay calm when they phone (I know it's hard), explain your rights and tell them to put everything in writing. Put your complaint in writing - address of Head Office in useful information. The law is on your side with this one
  16. They CANNOT just take your items if you have paid over a third of the agreement. They also CANNOT forcibly enter your home or take goods without your permission. Before they can take goods they HAVE to obtain a court order. Before they can get a court order, they have to issue you with a default notice. BH make these threats too often, and I have been on the receiving end of it myself. If they phone again and threaten to send the baliffs, tell them you wish to receive no more correspondence by telephone and want all further communication in writing. Send a letter off to Head Office and your local branch (recorded delivery) stating this, explaining your reasons (ie calls are of a threatening nature, persistent calling etc)
  17. Or do this! BH won't take you to court as the law is more favourable towards you as you have almost paid these agreements off!
  18. Have you spoken to the store and asked about installments? They will more than likely refuse, but it is best you ask them first before sending the following letter (thanks to Lefty): 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 your local Trading Standards (this never hurts) You will have to pay your normal weekly payment in addition to any payment plan they accept. There is also the possibility of asking them for an account re-set, so the arrears are placed on to the end of your agreement. BH will probably prefer to reset your agreement than take you to court (as they would have to to reclaim their goods). You should think very carefully before agreeing to this, because you risk losing all the rights you have accrued regarding repossession and early settlement, making it easier for BrightHouse to repossess their goods should you get into difficulty again. If you do decide to accept an account re-set, use the following letter and make sure the store manager signs it. Attach it to your new agreement Original agreement number XXXXXXXXXXXXXXXX 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) I recently used this letter when I reset my account after taking off service cover and damage liabilty cover. I hope some of this helps.
  19. If you click on the link in my first reply, that will take you to a harassment letter - just fill in your details.
  20. Hi, i have started a new thread with your problem, and have included a response. You are more likely to get help this way. I have put it under new thread named "beck_2008-help-being-threatened" Thread here. http://www.consumeractiongroup.co.uk/forum/brighthouse/169899-beck_2008-help-being-threatened.html
  21. I have copied someone's problem here as they posted it in the wrong section. Beck_2008: hi im new to this site today so not sure if im doing it right. i am having problems with brighthouse right now due to there lack of sympathy and general understanding of everyday occurances. well me and my ex split up and it was decided that instead of paying maintanence he would pay my 40 pound a week brighthouse agreement, as i moved away from the area (which i did not tell brighthouse till friday, as my ex was paying) i then get 7 missed calls on my mobile from another mobile number i call back and its the store manager who very rudily informs me that my ex hadn't paid for 10 weeks and i owed 230 pound that has to be paid asap or they will repocess the goods even tho i have paid well over three quarters of the agreements. she also informed (threatened) me that these debt collectors are not people to be messed with especially when im pregnant and have 2 young children. i am now to scared to leave the house or answer the door and this is making me physically ill! please can someone advice me on what i should do as i wont let them take things when ive nearly finished paying them off i just cant afford to pay the arrears or weekly payments as i had to leave my job and am now only on basic benefits with no help from the childrens father should. please please help if anyone can thank you They CANNOT just take your items as you have paid over three quarters of the agreement. Write a letter to head office (address in useful information) and your local branch (send by recorded delivery to both) requesting that all telephone calls/home visits cease and that in future all communications should be made in writing. Include the nature of the telephone calls, stating threats, frequency etc. Also, inform trading standards of your situation and send them a copy of your letter. Make sure, at the bottom of your letter to Brighthouse, you put "cc local trading standards". If they still persist on contacting you, trading standards will at least be aware of the situation. This kind of harassment is against the law and you are protected as a consumer. See here for example letter - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html Now, their threat to send baliffs/cease goods - first, they MUST issue you with a default notice before they can take any further action. However, as you have paid over 3/4 of your agreements off, they would HAVE to obtain a court order to cease your goods. They cannot enter your home forcibly/remove goods without your permission. I have read through a few of the problems on this forum, and it is from this that I can tell you that Brighthouse rarely, if ever, take people to court. Please read Lefty's fact sheet which should help ease your mind. Above all please do not panic or worry. The law is on your side and people on here will happily give you the help you need!
  22. Is this a refund of all money paid for OSC and DLC. I am fighting a battle trying to reclaim mine! I have sent Anne Healey one last email. If no reply, will go to Trading Standards, Office of Fair Trading and Financial Ombudsman. After all, they mis-sold these policies to me
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