Advice needed with a problem with Brighthouse

[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

[Lefty]

Update?

 

 

 

 

Cheers Lefty

[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
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