SweetnSexyEnglish VS Brighthouse

[sweetnsexyenglish]

Bump... Any advice Lefty Or Steven in preparing for taking BH to court would be welcomed;) you can always pm me if you would prefer.

 

Thank you:oops:

[sweetnsexyenglish]

LOL Buy as you View just knocked....typical and highlights yet again how they target the "sub prime" as this is mostly council properties with a majority of low income families....I said I wasn't interested and he had the cheek to want to ask why, joke is they come every year and must either be hoping I'll change my mind and they get lucky or that its new tenants:rolleyes: I plainly told him I wont be crazy enough to put myself in debt with them if I want anything I'll go out and buy it out right.

[sweetnsexyenglish]

Update.....

 

You may well be aware of the problems I have stated with various items purchased at brighthouse. And one item in particular is the exchanged Acer Laptop that was given in replacement of the Infinity Laptop 3-8-2007. Welllllllllllllllllllll

 

I contacted Acer directly to organise a repair of the DVD/CD drive and also as one of the keys have also fallen off (brighthouseripoff jinksed me:p) now Acer say they require a receipt with a VAT on there before they will fix item under warranty....low and behold neither contract or receipts contain a VAT....is that legal?

 

Now when I called the local store for this and explained the employee said it was new to him and had not realised there was no VAT on the documents:o tut tut, I pointed out the manager denied my rights to having warranty even though the item is not a year old and that I would like a receipt that included my payment of the Acer Laptop which includes the money previously paid on the Infinity that has a valid VAT in order to get my repair under warranty and should they refuse I will add it to my list of arguments to bring before the court. And should she come on the phone and deny me my rights especially my manufactures warranty then I will be happy to record the conversation so I can have further evidence.

 

The manager lol bless her refused to take my call and stated as I no longer have any valid contracts with brighthouse I need to take that up with head office....the run about begins:rolleyes:.

 

Head office customer service said it was the stores responsibility to provide this so I told her to call the store and tell them this, meanwhile I was recording the conversation with her(yep I'm naughty) anyway after putting me on hold to call the store she came back and said that apparently they did not need to provide this for a repair under warranty and I should call Acer which I informed her was the 1st thing I did before calling the local store then customer services.

 

Well....now she has stated this will need to be passed onto someone else who will give me a call back, I had to push her to pin down when as those who have dealt with BH in the past will know hell will freeze over before they return calls. So she said in the next 24 hours so if I do not get a call in the next 24 hrs I will be calling again!!

[sweetnsexyenglish]

Email sent as I still have not had my call back as promised:rolleyes: but I'm not surprised.

 

Dear Sir/Madam,

 

Unfortunately due to a failure to provide me on 12-6-2008 @ 12:18pm with the requested evidence Acer require in order to repair my laptop under its warranty I am having to put my request in writing as it would appear that Brighthouse xxxxxxxxxx store are unwilling to provide this, and as Fiona the store Manager has already tried to state incorrectly that I have no warranty when I am sure Consumer Direct & Trading Standards will agree, every new item purchased comes with 12 months manufactures warranty and that is without me having to highlight to you the Sale of Goods Act or my Statutory Rights which the xxxxxxxxxx store would appear are unaware of. As you are well aware the Acer Laptop is a replacement which was purchased in September 2007 and therefore within its one year manufactures warranty. And although your manager stated it as used for his own personal reasons it is a brand new item as confirmed in store by two employees, one being the manager who provided the exchange and witnessed by the person I took with me into the store to oversee and hear the agreements of the exchange. Should you decide to state the item is not new I also have a written statement from the manager which I had requested was put in writing prior to the exchange as evidence that also confirms the statement I have made in my previous letters that the Optional Service Cover was included as part of the exchange and as such was not negotiable as it was ALSO stated by the area manager.

 

I was then advised to call Head Office for the requested evidence by Ebb as Fiona refused to come to the phone, probably for fear she would be recorded giving incorrect information to which I already informed Ebb I would be happy to record in order to have more evidence to put before the judge. And I am sure the Office of Fair Trading would be interested in Fiona's statements regarding my faulty items and denying me my rights. As advised I called Customer Service on 12-6-2008 12:28 pm and made the same request and also advised her of the xxxxxxxxxxx stores comments when it was stated that they should be able to provide this.

 

After her call to the xxxxxxxxxxx store I was then advised she would get someone to call me back on this matter, when pushed for a time she said within 24 hours. This was not met and I again called 13-6-2008 12:44 pm to be told that it is a manager who has to return my call and they have until 7 pm. Again this was not met, I have made every attempt to be reasonable. All I require is a VAT receipt that states how much was paid and I expect this to include monies paid on the faulty item i.e. the Infinity Notebook and the remainder that was paid on the Acer Notebook, I do have my receipts but none of these neither the contracts contain a VAT. And I wish to have any faults with the laptop put right by Acer within the time scale of the warranty.

 

I expect a response today otherwise court papers will include your failure to provide me with the requested information thus preventing me from claiming under my warranty, and will also be informing Trading Standards & The Office of Fair Trading come Monday morning if no response or effort is made to ensure I have my rights under The Sale of Goods Act.

 

I look forward to hearing from yourselves.

 

Your Sincerely

[steven4064]

SnSE

 

THis is the POC we used (personal details removed - and reference to UCTA1977 and SOGSA)

IN THE XXXXX COUNTY COURT

 

BETWEEN

 

friend of steven4064, CLAIMANT

 

AND

 

Caversham Finance Ltd, trading as BrightHouse DEFENDANT

 

PARTICULARS OF CLAIM

 

1. The Claimant had an account ("the Account") with the Defendant between date1 or thereabouts and date2 or thereabouts which included of a number of agreements entered into from time to time, specifically those numbered:

 

XXXX00000XXXXX

XXXX00000XXXXX

XXXX00000XXXXX

XXXX00000XXXXX

XXXX00000XXXXX

 

2. During the period in which the Account has been operating the Defendant has automatically debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges (“the Schedule”) applied is attached to these Particulars of Claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account were punitive in nature; were not genuine pre-estimates of costs incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and were not intended to represent or related to any alleged actual loss, but instead unduly enriched the Defendant which exercised the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of

 

i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and

 

ii) the common law relating to liquidated damages and penalties in contracts.

 

 

6. The Claimant avers that, by this action, the Defendant has sought to enrich itself by the consequences of unlawful action, specifically, unlawful penalty charges as detailed above and applied in terrorem.

 

7. Accordingly the Claimant claims:

 

a) the return of £xxx.xx (xx hundred and xx Pounds Sterling and sixty pence) taken by the defendant in charges detailed in the attached schedule;

 

b) Court costs;

 

c) Interest under section 69 County Courts Act 1984 at a daily rate of 0.022% (8% per year) from date3 up to the date of judgement or earlier payment.

 

I believe that the contents of these particulars of claim are true

After a brief flurry of correspondence from their soliciptors (who are in my home town ), they settled very quickly (for economic reasons, of course ) Edited June 16, 2008 by steven4064

[sweetnsexyenglish]

Thank you again, and will read through

[Lefty]

Hi Sweet

Looks like you have everything in hand at the moment. Steven is the best source for advice on the county court claim.

Please keep posting updates, and you can be assured I am monitoring this thread closely.

Cheers

Lefty

[gni03349]

Go get 'em girl (I can't believe yer THAT sweet after all this ).

[steven4064]

Steven is the best source for advice on the county court claim.

I can do the unlawful charges bit and the general wording of the claim. We will need your input on some of the other aspects of the claim relating to shoddy goods and guarantees.

[Lefty]

I can do the unlawful charges bit and the general wording of the claim. We will need your input on some of the other aspects of the claim relating to shoddy goods and guarantees.

Of course! Personally, I think there may be one or two many aspects involved with this claim. It may be better to simply focus on the unlawful late payment charges and mis-sold OSC. The shoddy goods and desregard for basic consumer law could possibly be taken up by Consumer Direct/Trading Standards as a different case?

Just a thought...

Cheers

Lefty

[sweetnsexyenglish]

Go get 'em girl (I can't believe yer THAT sweet after all this ).

 

Lol you made me laugh but I aint all that sexy either lol:eek:

 

Hi Sweet

 

Looks like you have everything in hand at the moment. Steven is the best source for advice on the county court claim.

 

Please keep posting updates, and you can be assured I am monitoring this thread closely.

 

 

 

Cheers

Lefty

 

Thank you so much I was about to post...this is soooo hard:-o then I saw all the comments left lol

 

I can do the unlawful charges bit and the general wording of the claim. We will need your input on some of the other aspects of the claim relating to shoddy goods and guarantees.

That can be done, as I am struggling on the POC as I didn't want to just copy yours however it is VERY good....its the whole plagerism thing (yep uni trained:oops:)

 

And my head hurts:oops:

[steven4064]

I am quite happy for you to copy mine word for word if it helps - don't worry about plagerism, I am not going to submit it to 'the law review'

 

(and I nicked it in the first place anyway

[sweetnsexyenglish]

 

Of course! Personally, I think there may be one or two many aspects involved with this claim. It may be better to simply focus on the unlawful late payment charges and mis-sold OSC. The shoddy goods and desregard for basic consumer law could possibly be taken up by Consumer Direct/Trading Standards as a different case?

 

Just a thought...

 

 

Cheers

Lefty

The reason I wanted to highlight it was they may counter based on the money I told you about, and the fact that in order to have the Acer fixed I need a VAT receipt which it would appear they are refusing to provide...I taped the conversation (oh how I hate the sound of my own voice recorded:oops:) and listened to them again....basically the call ctr rep was under the assumption the store should and could provide this, however as I mentioned earlier the manager at the store basically told me point blank they have no obligation to fix or replace or do anything to the 4 of the 5 items I purchased that developed faults.

 

When I called consumer direct they did say bh can make up to 3 repairs however I don't want them in my home again or to touch the washing machine again they have already had two attempts and it suffers from the same pump failure probably more so now as the part they ripped out prevents the clothing passing from the drum to the pump, so clothes are being shredded between the drum and then clogging the pump where we constantly have to open up the pump and empty the water and fight to pull out the garment trapped before the machine works. I had a £199 machine for over 6 years this never had pump failure the cost of this machine I am sure is at the £500 mark without looking at the paperwork for exact figures and this started happening from within the 1st year, so if they should counter I want my bases covered preventing the judge from solely hearing their argument without considering the facts.

Edited June 16, 2008 by sweetnsexyenglish
correcting myself

[sweetnsexyenglish]

I am quite happy for you to copy mine word for word if it helps - don't worry about plagerism, I am not going to submit it to 'the law review'

 

(and I nicked it in the first place anyway

lol:D:D

[sweetnsexyenglish]

I know I've gone a bit quiet just got some other matters I am also dealing with so will get back to this a.s.a.p though I have called Acer regardling the laptop, will update as soon as my behind can stay in one place;) I feel like superwoman:p

[steven4064]

[sweetnsexyenglish]

Think I may need to go to spec savers as erm:p found the vat number on the receipts funny only spotted it as I have some scanned onto the pc and had to zoom in as these are faded, so hopefully Acer will get back to me with a collection date once they have looked at my receipts/contract so I can have that fixed on my warranty but look out for my next thread if Acer cock my laptop up:eek:

 

I will continue tomorrow and send Lefty/Steven a copy of what I have done for approval... I have just been over stretch and very busy dealing with all my other problems and am bushed so gonna call it a night for now and have an early start tomorrow at dealing with this form and documents;)

[sweetnsexyenglish]

Sorry for the slow posting, I have not stopped dealing with my court papers but as I have had a load of problems you may know from my other threads, I have been suffering ongoing migraines and if its not one thing its something else but was too ill to continue with the papers last week due to earache and come thursday the worst of all migraines since all my troubles started.

 

So I am back today to make a fresh start....the story so far is that Acer have allowed my repair under warranty so I will be taking that off my claim.

 

Acer are a joke however as it has taken me several phone calls emails and so forth last week and when they finally did say ok, Friday they said they'd email me instructions for courier yet an hour later still nothing, called them again and come the evening still nothing so I called again today and asked them to just give me the info over the phone which they could have done to begin with and save myself so many calls!! So the laptop is being picked up tomorrow by DHL I am a little wary due to other threads regarding Acer and DHL so fingers crossed it comes back in one piece .

 

Bare with me and I will get my act together and update thread;) and get my court papers done as I want it in the courts by Friday latest.

[x_Brighthouse_employee]

hi there i am am ex employeeof brighthouse and if you would like to know of any inside information then feel free to ask and i shall let you know

like the OSC that they wil force on you due to them being targeted on the sales that have them added do they have to get 90% of the sales with OSC on them..

[steven4064]

Hi x_BH_employee

 

Welcome to CAG. Thanks for that information - we always suspected something like that. 90%? - we'll have to see what we can do about that

[x_Brighthouse_employee]

There reason that everyone that works for the company pushes sales so hard is that the targetis so unrealistic, you have to sell approx £2000 worth of weekly payments in a week and you have to do this every week for that calender month, with 90% OSC and 90% DLC. they tell you to upsell to everyone so if you come in for a 42" tv you could be leaving with a 47" with 1 free week and free delivery.

 

SWEETnSEXYENGLISH - can i just say that the replacment laptop that you got, if it said used on the contract then indeed it was used as the system cannot be changed there is no way to do it not even with a managers log on. also Did they swap an acer (your original PC) for a different make?

[sweetnsexyenglish]

There reason that everyone that works for the company pushes sales so hard is that the targetis so unrealistic, you have to sell approx £2000 worth of weekly payments in a week and you have to do this every week for that calender month, with 90% OSC and 90% DLC. they tell you to upsell to everyone so if you come in for a 42" tv you could be leaving with a 47" with 1 free week and free delivery.

 

SWEETnSEXYENGLISH - can i just say that the replacment laptop that you got, if it said used on the contract then indeed it was used as the system cannot be changed there is no way to do it not even with a managers log on. also Did they swap an acer (your original PC) for a different make?

 

The laptop was NEW that I had in writing but also saw it unboxed myself with everything sealed and covered. This laptop has since been repaired under ACER warranty direct to Acer:)

 

#The original was an Infinity which I made them change for a recognised branded model.

[x_Brighthouse_employee]

Sorry my mistake, thought it was the other way around, i was going ot say that Infinity as a company no longer exists they went bust approx 1 year ago and there is no way to get one repaired or replaced any more.

[Yellow160]

any updates on this?

[sweetnsexyenglish]

No updates as yet, took some time out from all my stresses to try and de-stress eat and look after me and make time for my family.....have not forgotten about them though and will be dealing with them soon. But thank you for your interest.