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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
    • 2. Is correct disregard 1. You must attend ad per the order 
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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      • 161 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
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hi every one can anyone help me i have been having problems with brighthouuse for a bit now and i googled it and this consumer group came up it has been realy helpful in the way of canceling my osc ive writen the letter but when i went into the store they said i could do it but i would have to fill in weekly budget planner and if they decided i couldnt afford my things then i would have to return one of them. i know i can afford them but because i was canceling the osc. they tried to make it sound like i was doing it because i couldnt afford it . iwas canceling it because its a rip off.

so could anyone help me please as i have to go back in tomorrow

 

 

thanks lefty for all your hard work

yours 1unhappy customer icon7.gif

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Hi unhappycustomer

 

Welcome to CAG and the BH forum

 

Have you read lefty's excellent fact sheet - it covers OSC. You have every right to cancel but it is best doing it in writing. If the branch manager won't do it straight away without question send a stiff letter of complaint to HQ. Use the letter in the fact sheet but alter it as yuo have already given the 7 days notice.

 

Do not let these reptiles get to you

 

 

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hi steven thanks for your reply.

i have already sent the letters and i had to go in .they said they would remove it but needed to do a expenditure check and they would tell me if i could afford my items and i would probably have to give one of them back.even though i can afford them they said thats not my choice.

thanks for your help.

 

1unhappy customer

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Hi there! And welcome to CAG

 

Oh my God! Do these people take the biscuit! This is the biggest load of nonesense I have heard so far!

 

You have EVERY right to cancel any OSC policies you have as long as you give 7 days written notice.

 

As long as you are not in arrears (or have received a written default notice) BrightHouse absolutely CANNOT insist you return any items you already have. By doing this they are in serious breach of the Consumer Credit Act which covers your Hire Purchase agreements.

 

Both you and BrightHouse have entered into an agreement, and the terms and conditions of that agreement cannot be changed, altered or added to without BrightHouse giving you (at least) 7 days written notice. (By the way, if they DO notify you in writing of any changes to your agreement(s) you have the right to object (within 30 days) and if you do the current terms and conditions have to apply.

 

BrightHouse were quite happy that you could afford the weekly payments on your agreement when you signed it, and have absolutely no right whatsoever to insist you provide a breakdown of your finances.

 

Here's a quick reminder about the terms of OSC from none other than the company secretary of BrightHouse himself:

 

“…BrightHouse offers Optional Service Cover. This offers a convenient and effective means of getting goods, which customers use on a daily basis, repaired quickly and to a reliable standard. In addition it provides “No Quibble Returns” and “Start Where You Left Off” services that help customers with payment problems. These measures assist customers and make our service cover unique.

 

This cover is optional, and the customer has the right to cancel it at any time.”

 

(David Harwood - BrightHouse Company Secretary)

 

If you haven't done so already, copy and print the two following template letters. The second letter is VERY important if BrightHouse want you to sign a new agreement(s).

 

 

Item Description/Account Number XXXXXXXXXXXXXXXX

 

Dear Sir

 

I am writing to give the required 7 days notice, as detailed in my agreement(s) that I wish to cancel all "optional" service cover on the above product(s). To simplify matters, I have today (date) presented a copy of this letter to the store manager of Brighthouse (Branch), which has been duly acknowledged, so 7 days notice shall commence at the date of this letter.

 

As stated in my agreement:

 

“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…”

 

I shall, therefore, be making my next payment on (day) at Brighthouse (branch). This payment will not include "optional" service cover.

 

I understand that I may be required to sign a revised agreement. I will only do this on the firm understanding that all payments made previously on this agreement are reflected in any revised agreement. I do not waive any of my rights under the Consumer Credit Act 1974 regarding, in particular, “early settlement” and “repossession” as set out in section J of the original agreement.

 

Kind Regards

You

 

The removal of Optional Service Cover from your account will usually result in a new agreement having to be signed. This is because the weekly premium for it is incorporated into the weekly payment schedule.

 

If you do have to sign a new agreement, and because you risk losing all the rights you have accrued regarding repossession and early settlement, insist the store manager (and you) sign a covering letter (similar to the template letter below), and ensure it is stapled to your new agreement along with a copy of your ORIGINAL agreement.

 

Original agreement number XXXXXXXXXXXXXXXX

 

New Agreement number XXXXXXXXXXXXXXXX

 

Date

 

Updated agreement to reflect Removal of OSC

 

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)

 

Please let us know how you get on. DON'T GIVE AN INCH!

 

If there is ANY resistance from the store regarding you cancelling your OSC, or any threat of "unjustified repossession" (because THAT'S what it is) simply stand your ground, tell the store you are placing your accounts into DISPUTE and ONLY deal with head office until it is sorted to your satisfaction!

 

Flippin hell... My keyboard is steaming! This has got me quite mad!!! :mad::mad::mad:

 

 

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

with regards to what you said about placing my accounts in dispute will i have to still go in every week and pay or save it up until its sorted

thanks

 

That very much depends on BrightHouse and how they deal with your request to remove OSC.

Presuming you have already given 7 days notice, simply offer the correct amount (minus the OSC) and if they accept it, then fine! However, more likely they will REFUSE your payment and will claim it's only a PART PAYMENT and they will not accept PART PAYMENTS.

If this happens, take note of the day, time and member of staff who refused your payment. That then becomes the "moment" your account is placed into dispute. From then on only deal with head office. Reject and dispute any late payment charges (because YOU are not in breach of the agreement, BrightHouse are) and - very important - keep the money safely so as you may, at any time, continue with your agreements once the dispute has been settled.

Here's a little tip...

Store the number to your local trading standards into your phone, and (if you encounter any problems/pressure/obstruction/bullying) give them a call - there and then - whilst in the store. Do this in front of other customers... ;)

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 every one i have been on the phone to them already this morning and they said they can ask me fo a breakdown of my finnances.also they said if i do take it off they will have to come out to my home and take the serial numbers before i can take them off?

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OK. Let me first get a couple of things straight...

Have you already given the store 7 days written notice that you wish to cancel OSC? If so, when is the 7 days up?

How long have you had the goods?

Are you, or have you been, in arrears?

Do you currently (last 6 weeks) have a good payment record?

How much is your weekly payment? (If you don't want to broadcast this in a public forum you could PM me.)

What goods do you have? (Again, PM me if you don't want to broadcast this in a public forum.)

Get back to me ASAP.

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 sorry not been in contact soonerive had a pretty hectic day.

anyway had to go in this afternoon. went in they said were was my expenditure form i said i have been advised not to do one by a verry reliable person(to wich she said i was being ill advised and wanted to know the name to wich i said i wasnt under any obligatoin to give it to her she persisted for a bit until she give up cause i wouldnt tell her ) any way i got what i wanted in the end with a bit of determination i got it removed a few sarci coments but that was it. any one reading this thinking it cant be done well i am living proof with a lot of help from everyone from CAG cant thank you all enough please please anyone one dont let brighthouse win.

 

thanks lefty

thanks steven4064

thereshould be more people out there like you but unfortunatley there isnt .

:D:D:D

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thanks lefty

thanks steven4064

thereshould be more people out there like you but unfortunatley there isnt .

:D:D:D

Now there's you as well :D

 

Well done!

 

 

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That's good to hear.

Don't fall for the serial numbers nonesense either. Make a note of them yourself, and if anyone from BrightHouse turns up unannouced at your home just keep them at the door and give them the list.

They absolutely CANNOT insist on entering your home, and they CERTAINLY cannot enter without your permission.

Enjoy the rest of your weekend! ;)

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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