Advice needed with a problem with Brighthouse

[rosey-789]

My partner took a mobile phone into brighthouse at the beginning of august because of a fault on it.

 

It is nearly getting on to 3 months since it was taken in for repair and he still hasn't got it back, everytime he asks they just keep telling him its not bavk yet and they don't know when it will be back and that he'll just have to wait until it comes into shop.

 

Now this phone is due to be paid for at the end of this month..can anyone please advise on what to do next.

[davethorp]

Asked to be moved to the dedicated brighthouse section where we have our very own brighthouse gurus

[DCA-KING]

Call into the store and state thank unless you have your phone or a new one you will be contacting TS

And that you will email there head of custumer complaints anne healey

i have posted her email address on angrys thread

regards Dk

[Lefty]

Hi there.

3 months is an UNREASONABLE amount of time to wait for an item to be repaired - particularly when the item is subject to a 12 month hire purchase agreement. ("Hire" being the important word here!)

If your agreement has now ended (with all instalments paid on time) I would suggest requesting a 25% refund in view of the time you have been without the phone.

This has absolutely NOTHING whatsoever to do with any extra insurance policies BrightHouse (probably) sold you. It is simply your rights under the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973 which governs Hire Purchase agreements.

Hope this helps.

Cheers

Lefty

[sunsh1ne]

Sounds to me like the store could have

(a) lost your phone

(b) forgotten to send it off

 

or the service centre have deemed it BER - beyond economical repair. And the store have missed the email/fax. In such a case the store would be expected to find a like for like replacement, the same model that is 9 months old. Or they are just extremely slow!!

 

Demand that the store find a replacement phone whatever the reason is, you have paid for a phone and you deserve one. 3 months is far too long to be waiting. Get it sell it and upgrade - the tocco is nice

[Lefty]

Update?

 

 

 

 

Cheers Lefty

[rosey-789]

Update

 

Last tuesday my partner went into the shop again and asked about the phone, they rang the service centre who said they had sent it back to the shops warehouse..since then hes been in the shop a couple times more and now the warehouse has said they haven't received it.

 

Even the area manager has said same thing. this phone is now paid for in full.

 

he has also taking advice from trading standards who has given us advice and told us to write a letter to the store recorded giving them 2 weeks to either get the phone or replace it. we asked brighthouse for a 25% refund which they have refused.

 

Please could someone here write me some kind of letter to send recorded to brighthouse as i haven't the faintest what to say please.

[Lefty]

I would suggest something similar to this:

 

Cheers

Lefty

 

 

 

 

(Recorded Delivery)

 

Supply of Goods (Implied Terms) Act 1973

 

Ref : Description of Phone

 

(Original agreement number – XXXXXXXXXX)

 

Dear Sir or Madam

 

The above item was purchased new under a HIRE PURCHASE agreement with CAVERSHAM FINANCE (trading as BRIGHTHOUSE) on DATE. The agreement was for 52 weeks. The cash price of the item (at the time of sale) was £PRICE. The item was purchased from the NAME branch, and the agreement has now been paid in full.

 

On DATE I returned the phone to BrightHouse NAME store as the phone had developed the following fault(s):

 

Description of fault(s).

 

The fault(s) was/were duly acknowledged by BrightHouse NAME branch, and the phone was sent off for repair.

 

I have enquired several times as to when the phone will be returned, but each time I have received no information.

 

As of today, I STILL have not had my phone returned to me.

 

In view of the above, I would respectfully remind you that any manufacturer’s warranties (and, indeed, any extended warranties - OSC and DLC) are IN ADDITION to my STATUTORY RIGHTS. These rights are very clear and, in the case of a HIRE PURCHASE agreement, are contained in THE SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973.

 

In particular:

 

1- Implied term about quality

 

(1) In section 14 of the [1979 c. 54.] Sale of Goods Act 1979 (implied terms about quality or fitness) for subsection (2) there is substituted—

“(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

 

(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

 

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

 

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

 

(b) appearance and finish,

 

© freedom from minor defects,

 

(d) safety, and

 

(e) durability.

 

What I require:

 

Confirmation (in writing and within 14 days) that CAVERSHAM FINANCE (trading as BRIGHTHOUSE) will facilitate a satisfactory repair to the above item, or supply a replacement item (brand new, or of comparable age and specification in full working order) and within a specified time scale.

 

Furthermore, in view of the unreasonable amount of time I have been without the phone (3 months to date) I also require a 25% refund of the total payments made on the original 12 month Hire Purchase agreement.

 

Regretfully, if I do not hear from you within 14 days, or if you fail to respond positively to my requests, (please note: BOTH the above requests must be met in full, and are not negotiable) I will have no alternative than to persue the matter through the small claims court.

 

I look forward to hearing from you.

 

Yours faithfully

 

You

 

 

 

Edited October 23, 2008 by Lefty
typo

[DCA-KING]

i would also state that i have contact TS when sending the letter i would put on the bottom Cc: To what ever person you spoke to in TS and there address keep them updated so if you do need further advice from them they are up todate with your case

helps in the long run if it does go to court you can then state to a judge you followed advice of TS and went down the proper channels and the still sh@thouse

Regards DK

 

 

I FOUGHT BRIGHTHOUSE AND DK WON

Now for round 2 with them

[plumberjon]

Wow this brings back memories!

 

I'll tell you where your phone is, it's somewhere in the office with an asset number attached to it.

 

The manager knows exactly where it is, cos he has to account for it every single week on his inventory.

 

It may have been re-statused to "service", instead of "available" or "on-rent", but the hassle involved for the store to get a mobile phone with little or no book value and is only on rent for a year, is too much.

 

What normally happens, is they sit there for a few weeks, then because no-one could be bothered to do anything with it, the phone gets "switched-out" for another phone and the customer gets fobbed off.

 

This used to be a regular occurence, and the consensus of opinion was that BH should have never sold mobiles.

 

It was just too much trouble to deal with the problem properley, which unfortunately happens a lot. I don't therefore fancy your chances.