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Agreement 1 – 05/05/2015 - £1.388 – defaulted at £972.00 – Weekly £49 Agreement 2 – 13/08/2015 - £2,458 – defaulted at £2131.00 – Weekly £60 Agreement 3 – 13/08/2015 - £450 – defaulted at £374 – Weekly £17 Agreement 4 – 01/09/2015 - £429 – defaulted at £357- Weekly £21 Litigation to be commenced against Brighthouse in relation to Accounts held. I was not stranger to the business upon taking the first agreement in May 2015. The first agreement runs smoothly after 3 months I took out further finance, this was available from 8 weeks and each time I visited store to pay I was prompted to purchase take out further agreement, whilst I accept it was ultimately my decision to take out the finance I argue that they have not lent responsibly, until agreement number 2 my weekly payment was £49, in August they agree to more than double this by granting further finance of £2908.00 taking my weekly payments from £49 to £126. Two weeks later when I needed an essential small product further finance of £429 was granted increasing the weekly payment up to £147.00. In the space of 18 days my finance commitments had increased by £98.00 from £49.00 to £147.00. Needless to say this soon became unmanageable and by the third week of September I was unable to make the weekly payment of £147.00, the proof of income from the first agreement was used for the further 3 agreements. This is where my world could have fallen apart if I was not aware of my rights:- Their contact centre phoned me up to 9 times a day, In-house collections The store staff came knocking in a white transit van The unauthorised bailiff refused to move out of my front garden until I proceeded to dial 999 on my mobile. The agent remained parked in his van outside my house for 45 minutes. I was charged £5.50 per an agreement for the privilege of the above, £22.00 extra. Penalty charge I have been charged this £22.00 every week since 20th September. 26th September – letter sent to Brighthouse regarding repayments, made reference to the amount of monthly payments were on average £600 a month which was 50% of my wages and requested they remove all interest from my accounts, remove and stop all charges and agree to a repayment plan on £60 per month. Brighthouse wrote to myself on the 2nd October and agreed to the above repayment of £60 per a month, they stated that as interest is front loaded there would be no further interest charges applied to the account. However in order to accept the above I needed to visit my local store at my earliest convenience. I further contacted Brighthouse requesting bank details to make the monthly payment I also raised question of the interest and further requested it was removed completely and agreement was made for the cash price of the goods. Even though in their own written correspondence on the 2nd October they agreed in principal to a repayment plan I continued to receive weekly letters and charges of £5.50 per a week applied. THE ACCOUNT WAS IN DISPUTE November came and went no correspondence whatsoever from Bright house December came, Equifax credit alerts, Log onto my credit file and low and behold Brighthouse have registered a default on all 4 accounts. Until today I have been in discussions with Brighthouse and I have still not been supplied with bank details!! Brighthouse have registered defaults on accounts that were clearly in dispute, this is a breach of the ICO guidelines on registering defaults with credit reference agencies. Brighthouse claim that as they had issued a response the account was not disputed. I was not contacted before these defaults were registered, Brighthouse claim they were asked not to call or visit me whilst I accept this the only letters received were £5.50 weekly charges, these letters breached their acceptance on the 2nd October as the charges should have been removed and should not have been applied continuously. I know that the insurance has not been removed and has still been charged despite the account defaulting, in their own contract they state the insurance is cancelled once a payment is late. I wish to commence a claim through the county courts for a judge to review this as I am not accepting these defaults for a period of 6 years. Payment has never been refused, Means to pay have never been provided. I will not visit the store of the agent/bailiff who trespassed on my property and refused to move. My questions are:- What section of the Consumer credit act would refer to responsible lending? Would the claim value be the total amount of the outstanding debt? I do not believe adequate affordability checks were conducted, where can I refer to research this further? Can any refer to a claim that has been successful regarding registering defaults on a disputed account? Section 43 http://www.experian.co.uk/www/pages/downloads/compliance/guidance_on_defaults.pdf “If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed. Defaults filed in these circumstances may also be inadequate for the purpose of credit referencing in that they do not provide meaningful information about the creditworthiness of the customer.“
Ok, since the removal of my benefits I needed available funds, so C1 were kind enough to give me a CC with a two ton limit (£200). This was exhausted, then reimbursed, and then exhausted once more! I checked my control panel on Truecall, to see they had been trying to call, then today I got a letter informing me that as I had missed this months payment they were assisting me by adding a further £12 to the outstanding amount, which without checking might just have put me above the two ton limit?? So I rang up, and got a mix between an African/American/Scottish Liverpudlian woman doing her best to get me to make one of 'their' two choices. I was surprised to hear her say that she could put me in touch with a debt management company ( I know I know, I will go back over the recording and try to decipher the wording exactly) OR they would send out their own I&E form, for me to fill in, along with copies of proof of my expenditure etc etc, I laughed so much I nearly paid my TV licence! In the end I gave her a third and final option, that for the time being I would pay £1 a month until my financial circumstances improved. This was met with the well rehearsed and scripted response of 'credit files' 'default' 'charges' blah blah blah.......I cut her off and simply responded that a credit file carry's absolutely no weight with me, and as for the charges I won't be paying those, all I will pay is the actual physical amount I have spent and once this has been paid off, in full, I will cease further payments. Not really sure if she has ever spoken to a 'customer' who wasn't intimidated by her idle threats? First payment starts tomorrow, I might just follow it up with an email also.....
OK, so a while back I was all revved up to get my finances in order, get the bank charges refunded and defaults removed from my credit file. It took ages, I had a lot going on and unfortunately it all died down and I gave up. Now I am back and want to see it all the way through. I have 10+ defaults on my credit file. From £1000+ overdrafts unpaid, to a default on £36 for a monthly SIM only contract that was cancelled after the first month and apparently never paid off. I thought I might just wait for them to drop off as I have not been contacted by anyone for a while, apart from Debt Collectors letters/threats which I ignore. I presume a lot has changed over the last few years, so my question is, is there still anything I can do, or do we consumers no longer have a leg to stand on since all the excitement a few years ago when this all kicked off?
We left oz having lost all the money we had worked so hard to save. It was not our fault but we could not afford to go to court to try and win compensation. We spent three years prior to finally literally caving in trying to pay off huge debts. We finally left with only enough to get by with and brought ourselves home. We left behind about $???? in credit card debt Left no details of our where abouts and the only contact there has been has been to the old address we spent the last weeks at. The present tennant (friend) has just sent any mail back to the companies as being not at this address. Our friend recently told us there has been a letter marked from a court company -this also has been returned to sender. we reckon they will eventually catch up with us in our homeland and we are very careful about phone calls . I thing these have been a couple of calls . They said they were from a Bank but would not tell which bank and just demanded to know our details. i basically told them politely to P--s off and that I did not give out personal information over the phone. we are putting a call stopper on the phone so they cannot get through. Question -- what can we do to protect ourselvef. We have recovered our lives and are living again but want to be careful about any future developements from the debt collectors. We do not have anything about ourselves on facebook or twitter or the likes. We have about four years left before the time has passed when they cn come after us. Can you advise in anyway or are we doing all we can for the moment.