Ex-Brighthouse manager available for questions

[plumberjon]

Hi Gavin, welcome to the forums and I'm sorry it's under these circumstances.

 

FIRSTLY, and most importantly, whatever the state of your account with BH, they are not permitted to enter your property AT ALL!!

 

Indeed, even if they were successful at getting a court order to repossess the items, they are still not permitted to enter your home, whether you are in it or not. They don't even have permission to enter any part of your property, ie. the garden path!

 

They are not certified bailiffs and nor do they employ any. They are so heavily targetted by senior management that they will use these bully boy tactics simply to frighten you into paying. This is because they rely on the majority of their customers to not have a sufficient understanding of the law. Unfortunately for BH, thanks to this place, we are now throwing this back in the faces of BH.

 

SECONDLY, I need to know a few more facts.

 

1) I take it you are 3 weeks late at the moment, meaning you will be 4 weeks late after tomorrow (Saturday).

 

2) Was this suite NEW when you signed (it will state this as NEW under "condition" on your agreement)

 

3) You say you have been paying since Aug 08, was that when you took the agreement out

 

4) On your agreement, are you paying for Optional Service Cover, and Damage Liability Cover?

 

5) Do you have your own household contents insurance? If you haven't it's worth getting it. I'll tell you why once you have replied.

 

THIRDLY.

 

Like I said earlier, they can't simply turn up and take the stuff, so please relax and take a deep breath. There is a simple solution to this problem. And BH have simple solutions to this sort of problem too, unfortunately though they don't like to listen to reason, they have to create stress in your life first.

 

Please don't worry though, and if you do get a visit from them hammering at your door, and it is causing stress to you and your family, don't respond, just pick up the phone and call the police. In the meantime, if you can make notes and times and dates of any harassment you do recieve, and who from, this may be useful if we need it in the future.

 

 

 

Once you have replied with the above, I can start to give you more detailed advice on how to remove expensive and un-necessary add-ons, and stopping them from harassing you at home or on the phone, but for now, lets go one step at a time.

 

PJ

Edited February 20, 2009 by plumberjon

[gavins999]

we boughtn the sofa in feb 07 but when hubby came out of work defalted by a couple of weeks they seid if we went down to shop and took a new contract out with them in aug o8 we will finish paying the sofa in 2010 we are still paying insurance and late payment charges, i have them on the phone all the time a bout 3 times a day i have noticed they are rining us at all diffrent times from 08am till as late as 20.30 i have phoned there custerme service up but had no joy with them they say i have not kept to my agreement with them and not payed at least a third off the sofa i have paid £108 every month a £135 every 5 weeks since aug o8. i have all reciyits fro all the money i have paid to them since aug

[gavins999]

we do have home insurance

[clemma]

Hi

 

There are a couple of letters that you can send off straight away (to both head office and your local branch - recorded delivery):

 

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

 

As you have Home Insurance, contact them asap and ask if Hire Purchase goods are covered (you are legally responsible for them, if they ask). If you are, then ask them to send you as letter to confirm this. Once you have received the letter, amend the above one to say Damage Liability Cover and send it with a copy of the letter from your home insurance company.

 

There is also a letter you can send which prevents them from coming to your house without an appointment - I will post it as soon as I find it.

[clemma]

This is the one:

 

Dear Sir/Madam

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing.

 

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully

 

Keep a copy by your door as well in case they turn up. They are not allowed to enter your property (as plumberjon stated) as they are NOT bailiffs.

[clemma]

Oh, and there is also the telephone harassment letter:

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

[Lefty]

we boughtn the sofa in feb 07

 

This means, regardless of any credit re-writes, this agreement is now 2 years old.

You have paid at least two thirds (66%) of your agreement total. BrightHouse are talking nonesence (as usual) !!!!

Cheers

Lefty

[gavins999]

thank you for the advise hope they ring tomorrow . dose it not matter that we made a new agreement with them in aug 08 they say we defalted onthe new agreement we made in aug 08 .and we have not paid a third off the sofa, but we have paid from 4aug 08 and will pay 4 weeks on friday. thanks Gain

[clemma]

I think, as Lefty has said, it was a re-write. The goods were still "purchased" in 2007 - all payments from then should be included in your new agreement. Brighthouse talk tripe as they think customers do not know their rights. Unfortunately for them, you have stumbled upon us here on CAG.

 

If they phone tomorrow, hang up. DO NOT get into conversation with them. It's your phone, you can do as you please. If they persistently phone, still hang up. They will give up eventually. If you do speak to them, tell them you are recording the call (they will say you are not allowed to, but you are). If they do say this, just tell them you have been receiving harassment calls from unknown numbers and were advised by BT (if they are your provider) to record calls and log them......

 

Sorry that is long winded. Most of all - try not to worry so much. Easier said than done, but I beat these bullies and so can you

[Lefty]

Not wanting to step on Jon's toes (this is his thread, after all) but I'm sure he'll agree with this: Being 3 weeks late (4 by next Saturday) means you have, in effect, already cancelled your OSC (and DLC).

As stated in your 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.

Your OSC and, for that matter, your DLC both lapse if your account is not paid fully by its due date. They are both "pay-as-you-go" weekly agreements, for which their premiums are required in advance - otherwise, no service and no damage liability insurance.

 

Therefore, when you DO bring your accound up to date, it should only be the hire purchase element of the contract that's in arrears. You should NOT have to make back payments on OSC and DLC. You CANNOT get in arrears with OSC and DLC because they are simply pay-as-you-go services.

Technically, if your account has gone into arrears, and you bring it back up to date - perhaps after two or three weeks - then there should no longer be OSC or DLC on your account, and you should be ASKED if you want to take up those services again. To which, you reply, "No thank you!"

OSC (and DLC) are WEEKLY policies. They are NOT annual policies split into instalments. They are simply just pay-as-you-go services. YOU CANNOT GET INTO ARREARS WITH THEM! Likewise, you CANNOT (or certainly SHOULD NOT) be able to make back payments on them. You were either covered for that period or you were not. If you hadn't paid the premium for a particular week, and your telly packed up, you weren't covered by OSC. Simple.

If, for instance, I allowed my car insurance to lapse through non-payment, continued to drive, then had an accident or claim, I would be in big trouble. I couldn't offer to pay the arrears, and then be magically re-insured for a period in the past. No. You're either insured or you're not. And - in the case of OSC (and DLC) - you're NOT - and by being forced to make back payments on the policies cannot mean you WERE! It's absolute nonesense. Actually, it's downright OUTRAGEOUS!

 

 

Cheers

Lefty

[plumberjon]

I dunno, you come on day after day looking for new stuff, and nothing. The moment you turn your back for 5 and it all goes off!

 

Ditto to Clemma and Lefty!

 

What BH are likely to offer you now is another re-write. Just because they may have already done this with you in the past is not reason enough for them not to offer it you now. Let's face it, peoples circumstances do change in an unpredictable manner, and they are quick to announce that their market share is growing as a result of peoples changes in the recession!

 

A re-write is good for you now, as when you sign, this time without OSC and DLC, you will in affect not be paying for the arrears that the OSC and DLC have built up for the last few weeks. Lefty is TOTALLY right in what he says about them being weekly services, and should never be calculated as arrears.

 

Clemma's letter above however, needs simplifying to continue your reposession rights. As you will be cancelling the old agreement and starting a new one for the remianing weeks, you just need to excercise your right, as in their own terms and conditions, to refuse the OPTIONAL bits. But make sure the letter still reads a bit like the following, this is a suggestion only:

 

Item Description/Account Number XXXXXXXXXXXXXXXX PENDING RE-WRITE

 

Dear Sir

 

I am writing to give notice that pending a re-write of the above agreement due to financial hardship, that I no longer wish to have included on the agreements, any "Optional" Service Cover on the above product(s).

 

As my current household insurance provider also provides full cover for items subject to Hire Purchase agreements that I am responsible for, I also no longer wish to use your Damage Liability Cover. I will provide you with a current copy of my insurance policy, annually, for the duration of the hire purchase agreements.

 

To simplify matters, I have today (date) presented a copy of this letter to the store manager of Brighthouse (Branch).

 

I understand that as I have 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

 

I know you said you have your own insurance, but please dig out the schedule, or call the company and ask them "are items in my home, subject to HP, that I am responsible for, covered?"

 

If yes, great. If no, how much extra will it cost for this to be added?

 

Trust me, this is a better way of insuring your liability, as even if you are late with BH, then you are still insured, unlike with DLC!!!

 

PJ

Edited February 21, 2009 by plumberjon

[clemma]

You can also take this letter with you when you go to the store. They will want you to sign an amended agreement to reflect the changes when OSC and DLC are removed. I can only stress how important it is to get them to sign it. I did, and they still tried to take away my repossession and settlement rights:

 

Original agreement number XXXXXXXXXXXXXXXX

 

New Agreement number XXXXXXXXXXXXXXXX

 

Date

 

Updated agreement to reflect Account Re-Set

 

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)

[cathb]

Hi, I'm a journalist working on a story on Brighthouse. Would anyone be willing to talk to me? I'm on 07764355083

[gavins999]

Brighthouse contacted us yesterday to make payment, want us to go down to sign another contract to put us a month in advance today, we explained unable to get there due to husband being ill, manager contacted us not happy, we offered payment over the phone, also offered to go and make payment coming monday, this they wouldnt accept, also decline a direct debit being set up even though we wanted to orgainse a payment, and said that they are going to send it to a third party, i was very distress by managers mannerism, said i wanted to sought it out but if thats what they needed to do, though obviously this isnt the way i wanted things to proceed this way

[plumberjon]

Hi Gavin

 

Do not worry, this is a typical response. They always want to deal with this in THEIR timesacle and have no respect for your own circumstances.

 

I would say though that it is in your best interest to get their ASAP, and you have demonstrated this by staing that you are prepared to go in on Monday.

 

He is just trying to get you off his debt list this week and improve his end-of-week closing figures. Probably best not to say this, but it's not your fault he can't keep control the rest of his debt and is solely reliant on you!

 

With regard to using a third party, don't make me laugh BH manager! They never do this, as that actually costs money! Everything is in house, in fact in store. Only the manager and another 2 AR's actually ever deal with your account.

 

And with regard to direct debit, they have an unwritten policy somewhere that states that as new customers or customers who have been late, they have to come in to store and pay on time for 3 months before they will set up a direct debit. Sounds a bit ridiculous as the whole benefit of DD is you don't have to go in every week, if say for example, you are at work.

 

So again, do not worry, and go in when you can after getting better. But obviously the longer you leave it, the more phonecalls your going to get.

 

PJ

[DCAG36]

Hi, first of great forum and sound advice...

 

We have a few agreements with BH and are in the process of getting OSC removed my Question is how is OSC calculated would love to know how much we would be saving

 

Thanks in Advance

[plumberjon]

Hi

 

I'm glad you're finding these forums informative, and well done at getting rid of OSC.

 

As regards you're potential savings, these will vary across your agreements depending on the items you have.

 

All these bolt-ons, OSC and DLC are calculated as a percentage of the original HP cost of the item, but note, they are added on after the HP interest is applied, so they are not then subject to interest as well.

 

I have attached the following from another thread for you:

OSC: this is worked out on a percentage of your weekly payment, depending on what is purchased.

Brown goods, computing goods, bedroom furniture is all at 35% added on to weekly payment.

White goods, sofas and anything else is 20%

 

DLC: is 15% added on to the weekly payment... if OSC is added too, then it is 15% of the total weekly payment INCLUDING OSC.

 

 

Hope this helps

 

PJ

[DCAG36]

Cheers,

 

Ive worked out i will be saving about £9.00 a week

[clemma]

Cheers,

 

Ive worked out i will be saving about £9.00 a week

 

 

Money that is better in your pocket than theirs

[DCAG36]

I know but fuming at the money ive already spent on OSC

[clemma]

I know but fuming at the money ive already spent on OSC

 

I claimed all my mine back

[Goldlady]

Hi, a new question which I hope you can help with.

 

My friend got a laptop from BH for her son and has been paying for it since Sept 07. She also took out the DLC and has been paying that too.

 

Son had laptop stolen from him when his backpack was snatched. BH have now told her she has to pay the £100 excess before they will put a claim into their insurance company. She has a crime number and all that jazz, but what she doesn't have is £100.

 

I have read through the t&cs and I can't see anywhere that says she has to pay this excess up front. After all she has paid them well more than £100 (£6.30 a week since Sept 07) so I can't see why she needs to find this money before they will put the claim through.

 

Help!

Edited March 9, 2009 by Goldlady
wrong date

[Lefty]

Hi, a new question which I hope you can help with.

 

My friend got a laptop from BH for her son and has been paying for it since Sept 07. She also took out the DLC and has been paying that too.

 

Son had laptop stolen from him when his backpack was snatched. BH have now told her she has to pay the £100 excess before they will put a claim into their insurance company. She has a crime number and all that jazz, but what she doesn't have is £100.

 

I have read through the t&cs and I can't see anywhere that says she has to pay this excess up front. After all she has paid them well more than £100 (£6.30 a week since Sept 07) so I can't see why she needs to find this money before they will put the claim through.

 

Help!

 

Hi - I know this is plummerjon's thread, but I'll just chip in with a quick answer if that's ok...

 

Bottom line is - yes, there IS a £100 excess applied to DLC policies in regard to portable items, such as a laptop.

 

Thing is, your friend needs to understand that by paying the excess, and BrightHouse invoking her DLC policy, will NOT result in a new laptop for her son. It will only, at best, release her from her agreement, and the £100 or so she has paid so far will be flushed down the drain.

 

And, unfortunately, there is little she can do about it.

 

Jon?

 

 

 

Cheers

Lefty

[plumberjon]

Hi Goldlady

 

Thankyou Lefty for replying!

 

Unfortunately, Lefty is right here. There is an excess, as with pretty much all insurances, for DLC, but only on items that are portable and where circumstances such as this occur.

 

It is a case of yet another £100 down the drain I am afraid. My notes I have posted on the CAG BH Factsheet of Lefty's, together with Lefty's own info, suggest why you should if possible, always use your own house insurance. You would still have to pay an excess, but you would also get a new laptop in the deal too.

 

Did, you ever have OSC on this laptop, and did you ever have any servce issues? Perhaps it might be worth having a chat with Clemma, as I know she has managed to re-claim her OSC charges in full as the benefits for OSC on a laptop are worthless. IT takes a barrage of emails and letters, but it would more than pay your excess.

 

Sorry we couldn't have been more help.

 

PJ

[Goldlady]

Cheers for that Lefty. I am sure she will be delighted:mad:

 

So, what happens if she doesn't pay the £100? Seeing as she is a typical BH customer who lives from hand to mouth and doesn't have much money, I can't see how she will be able to afford it.