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    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
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    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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
        • Like

Ex-Brighthouse manager available for questions


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All Vans now have tracker systems attached to them so if someone has sat outside your house for two hours then he would have to justify that to his line manager. Iwould certainly put a complaint in and with this knowledge would see it though to the end. This most certainly would be conscrued as harassment and in todays climate would almost certainly get him sacked. This company have been sacking people left right and centre for any infringement to any laws re consumer credit and date protection act A substantial number have been sacked and it is beyond my comrehension that any staff would get up to anything like this and having read other threads were a manager was discussing with a neighbour? a customers account, if these instances can be substantiated then i would guarentee that their feet wouldn't touch the ground on their way out PADRE

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Hi I was recently made redundant in may. I have a tv with bh that i have had since oct07, i have been making the payments but now my redundancy cash has gone i am fiding it hard to do so. What would be the best course of action for me? I have also spoken to them re removing the osc but they keep spouting on about i wont be able to upgrade etc??. I odnt want to lose my TV but it is looking like i may.

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Guest Old_andrew2018

Hi ianc73,

Welcome to CAG, you could consider starting your own thread, it will assist you as answers will be specfic to your question, this is how to do it (thanks to seaside lady).

 

To start a new thread, go to the page you want to have a thread, at the top and bottom of the page there is a blue box which says...NEW THREAD. Click on that.

 

You will get an empty box up, Give your self a title, such as ianc73-V-Brighthouse.

Please have a read of this link.

It has everything you will need to know to help you find your way around this site.

 

"How do I...?" A Dummies' Guide to this Forum

 

Also please have a really good read around the site. As soon as you are ready, make a post and some one will be around to help you.

 

Andy

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Hi I was recently made redundant in may. I have a tv with bh that i have had since oct07, i have been making the payments but now my redundancy cash has gone i am fiding it hard to do so. What would be the best course of action for me? I have also spoken to them re removing the osc but they keep spouting on about i wont be able to upgrade etc??. I odnt want to lose my TV but it is looking like i may.

 

You can remove your OSC at anytime - send them the following letter:

 

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 for losing your TV - this is highly unlikely. You have (from the amount of time you have had it) paid more than 2/3rds of the agreement off. This means Brighthouse would have to get a court order to even think about repossessing your goods. This is highly unlikely too as Brighthouse NEVER go to court. Your best course of action is to send a letter to the Head Office and the branch explaining your situation and offering a reduced weekly payment. Of course, removing the OSC will reduce this dramatically anyway.

 

Brighthouse will no doubt refuse any lower payments, as they are renowned for this. The only to do is to insist that is all you can afford - if they refuse payment try and get them to put it in writing. Don't talk to them on the phone if at all possible as they will lie, bully and intimidate you.

 

As suggested, you may want to start your own thread on this so that it doesn't disappear amongst other posts. I will keep an eye on this for you - so let me know what happens.

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hi guys

quick update seems things have got very serious to the point i am virtually being gagged by brighthouse and they say there finds are so serious that they have drafted in there audit team and the area manager is no longer involved in this as its gone much higher.

the finding i can tell you are not good proves beyond any doubt of pure harassment and intimidation but i can say that brighthouse say it has nothing to do with them as the person was acting on his own back.

stuck in not knowing what my next move should be being checked up on to make sure i am not telling anybody.

if somebody thinks they can help me with any moves i should be doinfg please mail me. thank you

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i was thinking more of a court order a anti harassment injunction have contacted solicitor about this was out when they rung back so will ring them 2moz see what they say.

brighthouse say they are not responsible for anything surely they are responsible for there staffs actions????

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Guest Old_andrew2018

Why not do both, sue them and let the press know, in that way many of the other souls who brighthouse staff have abused will be able see they are not alone.

 

Andy

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Why not do both, sue them and let the press know, in that way many of the other souls who brighthouse staff have abused will be able see they are not alone.

 

Andy

 

yeah i feel for the people that have gone through the same its not nice but this time i was not going to just let them walk all over me like they have done in the past.

thanks to clemma and padre your advice was very valuable especially regarding the tracking device that was mentioned.

i will pursue this to the bitter end but i just stuck on moves i can make.

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  • 2 weeks later...

I sent my letter to end osc 15/08/09 to both head office and the store. neither have responded so i called by phone to make payment and it was not removed. i was passed to the manager who stated he could not remove this without a signature on a new agreement, is this correct?? he wants me to call in person into store where he has several options to help me reduce payments. I dont really believe this!!! what should be my next step? i did not make the payment today as it did not have the osc removed.

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They will sometimes ask you to sign an amended agreement. Make sure that is all you sign - do not agree to a re-write. Before you sign anything, make sure that the payments you have already made have been taken into account, the time left running on the agreement is correct and that your repossession/settlement rights are the same.

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janc73. Go into shop. tell manager you will pay whats outstanding minus the OSC, They can easily discount this absolutely no problems for them to do so .Then you will accept a new agreement which they can do there and then ,a continuation of the original agreement .so say you have paid 4 weeks of a 156 week agreement they will get you to sign an agreement for 152 weeks .THEY should have no problem in doing this .as to refuse they would be breaking the law and then you tell them so, and tell them that you are now going to seek further advice .I should be very surprised if it went this far.but if it did it's they who would be in trouble refusing a very legitimate request. PADRE

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  • 2 weeks later...

hi,

 

quick update regarding my situation with brighthouse after being offered by regional manager to wipe the arrears of the account an start with clean sheet. this was last week.

 

today i receive another letter from brighthouse this time to explain that with no admission of liability they have write all monies owing on the account and pass title of goods to me :) my weekly payments were 26.00 over 3 years.

 

thanks to everyone for your help :)

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  • 2 weeks later...

my nan uses brighthouse. Shes shall we say a bit nutty and clearly vunerable. Now she got mea phone from there a while ago and when iwas filling in the forms for her i was told to "tick those two boxes and sign" so i read what i was acually signing and it was £2 odd a week "so the phone is returnable should you want to return it" . I forget what the other was for. I told the lady i didnt want to bring it back, why would i stand there for half an hour filling in forms if i wanted to return it?!?! Shes then complained shed have to print all the forms again. I told her i shoulod of been asked first.

 

Now what bothers me my nan has had a fridge, washing machine,cooker,tables etc from there and has always been told to "tick and sign" she doesnt know shes being told to, in my opinion, pay extra for nothing on everything she has bought from there. its never been explained to her what is for. This is clearly taking advantage of a vunerable old lady.

 

A while ago she had finished payments on the fridge. She was still paying for it for months after it had finished. When i brought it up with staff they were unhelpful and patroninsing. My nan only had a few of the reciepts. They refused to refund all the overpaymnts apart from the reciepts that i had. i asked why cant they go into there system and see it all. i was fobbed off and found he staff argumentative.

 

A weeks ago her washing machine broke. It took them 6 weeks to deliver another and they have started her payments again from the beggining despite having made payments on it for over a year. sharks the lot of em.:mad:

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  • 1 month later...

Hi,

 

I have been with Brighthouse for over a year now and yes have had the whole telephone call constantly thing. I have only ever missed three or four payments always bringing myself up to date the following week.

I missed my best day to pay on Thursday 29th Oct which meant I had to Sunday 1st nov to pay, no phone calls until Monday with a message asking me to call the store, I never got round to it.

At 6.45pm Tuesday night (yesterday) someone comes to my door :mad:when I am out from Brighthouse. Firstly can they do this? Do they need to give you notice? Secondly I wasn't home so they told my childminder "I am from Brighthouse, tell her to phone the store first thing in the morning, nothing much to worry about just tell her to phone" Would this class as divulging information to a third party? :confused:as this person is not family or friend and I don't want this person knowing any of my business. What can you suggest I do about this?

 

Thank you

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  • 2 months later...

Hi

I was really hoping for a bit of advice and wanting to know where I stand. I have a couch of bhouse that Ive paid for for 14 months and a table that would have been paid for in April. I missed a few payments, got stuck in a rut and have now stopped paying for it. They came to collect my couch and table but I told them there not coming in. The thing is Im on benefits have two young children and I dont beleieve they should have gave me so much credit in the first place, This time last year I also had an xbox and ds and was giving them 40 a week. I cant afford another couch and they dont want to co opearte im really worried now about how Im going to get myself out of this mess. The men who came to collect my couch sat outside for 2 hours when i refused them entry then when I went out chased me down the street. Any advice would be really appreciated.

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You are right when you say they have no right to enter your home! They are NOT bailiffs, so without a court order they cannot just take your items. This is more so for the table, as you have paid more than 2/3rds of the agreement. As for the couch - it depends on how much you have paid BUT even if you have not paid 2/3rds, they still cannot even enter your home without the say so of the court (unless you let them in.....no chance of that though).

 

I would strongly recommend you write to Head Office about this, and explain you can not afford the current weekly payments - offer them what you think YOU can afford.

 

Oh, Brighthouse don't take people to court by the way. The way it works (or should) is this:

 

They must first send you a default notice, giving you 14 working days to clear the arrears, or make arrangements to do so (as this is BH I have a feeling they won't have done this).

 

If you failed to respond to the notice, BH could then apply to the court for a CCJ. If they did, then this would go in your favour as a Judge would only order you pay what you can afford. As you are on benefits, this could be as little as £1 per month (hence the reason BH don't take people to court).

 

Only if you failed to stick to this payment could BH apply for your items to be removed, by court bailiffs.

 

If they come round again, then hand them this letter:

 

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

 

Whatever you do, do not let them in! BH are bullies and will use all sorts of tactics - however, remember that you have rights. As I suggested, send a letter (recorded delivery) to head office explaining the situation, and see what happens from there.

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ok thank you so much for your reply. when i have spoke to them today i told them i knew my rights and explained i would get police if they chase me down the street again as its harrasment and also told them they could take me to court. They told me i needed to let them have the table and couch then i could come into store arrange a payment plan and then get the things back, they must think i am stupid (although i am lol for going with them in first place)I told them no with this they told me if I could start paying 28 a week they would let me keep the couch and table!!! I cant afford 28 a week as im struggling on benefits. arrrrgh bhouse make me so agry, im just worried about what situation ive put my family in by going with these in the first place, what would I say to my 6 year old son where our table and couch went if they did take it!! There saying ive only paid 130 off couch dont know how this can be as Ive had it 14 months and apperantly i still owe 1978!!!

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Hmmm - they won't be able to take your things because you have a young child in the house, so don't worry about telling your son anything. Also, because you are classed as 'vulnerable' they cannot come knocking at your door making threats. If they turn up again, then by all means call the police (non-emergency number though) and ask them to attend.

 

As for the amount they are saying you've paid, ask them for a statement - believe me, you may have to persevere with this (I know I had too) and maybe ask Head Office for it too.

 

From now on, put everything to them in writing - they dare not put in a letter the things they say over the phone. Let them know what you can afford (offer them lower than you can pay and let them negotiate a higher amount to the value you can afford - that way they think they have won ;)). If they still refuse, tell them to take you to court to allow a judge to decide what a fair amount would be......they won't go for that.

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Ive been in today with my nan. She fell behind with ONE payment becausde her grandoson robbed all her money (long story!!). so last week we went in and she paid half of the missed payment and they said it was fine to pay the other half today which he said would be 68.70. So we went in today and they were asking for 100.00 (??) she couldnt explain this. I showed her the reciept were hed written on 68.70. So she fiddled on the computer for a bit and took the 68.00. She was going on about there being charges for late payments. I asked her is it stated in the contract you can do so? she said it wsnt there. So now im wondering how many other times my nans paid more than she should. Last year she had finished paying for a washing machine and they were still charging her for it 6 months later. Once my nan relised she had been paying them to much we went in demanding a refund. They refused to pay it all back and would only refund for the receipts she had. She insited these payments would not be on there system. There blatently taking advantage of an elderly woman in my opinion. What would my next course of action be to reclaim charges and unwanted insurance. Which by the way they have never explained to her what its for. Ive been there with her and got a phone and was told "sign there" i ws likie hang on i didnt ask for insurance? i dont want or need it! she said "it was for if you wanted to teturn the goods at any point. I didnt so she then got a huff on "ill have to reprint everything now" should of asked me first!! Shall i SAR them?

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No need to SAR them really - you can send them the following letter (by recorded delivery) to the store and Head Office.

 

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

 

This is for the OSC. No doubt they will also have put on Damage Liability Cover (DLC) as well. This too can be cancelled, but you must have house insurance that covers HP items (most insurers do as you are legally responsible for them). Call the insurers if applicable and ask them for this is writing. Once you have this, amend the above letter to reflect DLC and send it on. I managed to claim back all the money they had charged for the insurances by writing to them and demanding it back. It took 2 emails to Head Office, and they paid just over £500 back to me (although they took this off the balance I owed them.....even so, it was a victory).

 

As for the overpayments - they WILL have records of how much your nan has paid - you could also request this from Head Office (ask for a statement for the last year or so, or when the overpayment started). Explain in the letter the reason for doing so, and that the store were extremely unhelpful.

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