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    • I Submitted my defence last weekend,. In short, denying all allegations and requesting that the claim be struck out as claimant has no documents to support their claim and  have failed to provide any evidence whatsoever that any monies are owed to them by me and I considered it an abuse of process.   I have now received their directions questionnaire where they are championing 'Mediation over the telephone'   Should I agree to mediation once I receive the questionnaire from the court bearing in mind the dispute is about the existence of the alleged account and the lack of documents to prove it exists/ existed?   All I can say in mediation is that I've never heard of the account...... Do Lowell have to provide documents to the mediator?    Thanks in advance for any advice offered and sorry if the answers can be found elsewhere, but I'm not sure where to look 🤓   Spam 
    • Thank you all for the comments.. I hope to get a transcription of the recording, but I don't know if that's possible. I have asked the Court so will see what comes back. This is an overview and may not be exact wording..    I'll add the highlights from what I understood.. [both Judge & Mr D were well into the legal jargon].. some of the more technical discussion was lost on me..   Opening Statements.. VCS......Events from Incident to Court summons.. pretty much the WS opening Me........Night time, bad weather, bad visibility, children in danger walking on the road so "Signs" were not very clear VCS......Pictures on their WS were in daylight. Picture of the car we very blurry due to the rain. VCS agreed it was bad.. Me........Kangaroo Court - Every drop down on the appeal site is an admission of some sort of guilt. Needs to be an "Other" in case your situation doesn.t match Judge...Asked for clarification on POFA from VCS  VCS......Explained POFA in his terms and what he understood Judge...Was it a Parking event? VCS......No, it was a Stopping event Judge...Asked VCS who owns the land.. he didn't know so I told him Southend Council owns the freehold of the airport, but it has been leased since 1994 to London Southend Airport Company Limited Judge...Surprised VCS didn't know that Judge...Asked VCS if the Contract is relevant? VCS......Yes,  Judge...Still not clear VCS......Quoted VCS v Ward & Idle..  Me........That's not in your WS so is it admissible? Judge...That's not relevant in this case.. he had a quick look. Judge...Is the land relevant VCS......No real valid response, referred to VCS contract with the airport. Me........Why is Mr Wasi the paralegal not here as he may know? Judge...Section 46 refers to Parking/Waiting. Me........It all refers to Parking.. and I was not parked or waiting.. ## I expect Simple will see this as a loophole so may change it ##   Closing Statements: Me........VCS are aggressive in all their actions, as you can see by the Letters in their WS.. I also went through all the Arguments at a high level, such as Bye-Laws, Road Traffic Act [Public access etc.., the POFA discussed Parking, not Stopping, PO Box on the Signs, no address. VCS......Pretty much same as the Opening statement as far as I remember..    Judge...   Car was stopped for 30 seconds Multiple Signs The Driver "did" enter into a Contract as they entered the airport But.... Does POFA apply Needs distinction Stopped not Parked Only applies to Parking Judge referred VCS to Jopson v Homeguard 👍  Defendant wins the case & is not obliged to pay VCS any Fines   Judge to VCS... do you want to Appeal VCS.. Yes Sir................... but after 20 seconds he changed his mind to No Sir, no appeal at this time..  Judge to VCS... you have 3 weeks to appeal if you change your mind.   So.. VCS may appeal, but I had a feeling that he may have been tapped on the shoulder and advised to say No.. at the time..     ### As far as I can remember, this is how it went down ###.
    • Let us know when the hearing date has been set and then we will try to help you sort out your arguments and your documents. You will need to submit a court bundle. Please follow the court bundle link
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Ex-Brighthouse manager available for questions


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HI

 

I have recently discovered this forum mainly because BH are this weekend (25th October 2008 ) opening a new store in my home town of Kidderminster. I was adding comments to my local newspapers online comments page and looked on the CAG forum pages to paste some links to my comments. I like to warn people of impending threats, but also like to back it up with evidence, so what better evidence than the CAG forums?

 

I was surprised to find so much! I was also annoyed to see that things have not changed either.

 

I became a branch manager for Brighthouse about 6 months before the changeover from Crazy George's, and worked in stores across the Midlands.

 

I had a job to do, and I had to do it to feed my family! But I also didn't feel great about it some of the time. There are those customers who are quite dishonest and shouldn't be given credit even by the BH method. When that sort of person owes you money, it gets tough, which is where a lot of the BH strong arm tactics originate. Unfortunately, this gets used for everyone, even those that have legitimate reasons for falling behind.

 

I could go on and explain it all to you here, but this thread will be like War & Peace before anyone has chance to reply. So please ask away, and I will do my best to help. I haven't worked for them in 6 years, but they haven't changed and I bet some of you are still customers at some of the stores I have worked in!!

 

PLEASE BE AWARE! I AM NOT GOING TO TELL YOU OR ADVISE YOU TO DO ANYTHING WHICH IS ILLEGAL. LIKE IT OR NOT, YOU SIGNED A LEGALLY BINDING AGREEMENT WHICH IS REGULATED BY THE CONSUMER CREDIT ACT AND YOU ARE BOUND TO IT FOR IT'S DURATION OR UNTIL YOU SETTLE THE AGREEMENT, WHICHEVER HAPPENS FIRST.

 

But guess what? BH are also bound to it under the same law, and by many others including one they don't like to brag about, THE ADMINISTRATION OF JUSTICES ACT 1970, which basically sets out what you are allowed to do and not do when someone owes you money!

 

FOR PRIVACY, I WILL ALSO NOT DIVULGE MY NAME OR THE STORES I WORKED IN, NOR WILL I MENTION ANY OF MY PREVIOUS CUSTOMERS AS THIS WOULD BE A BREACH OF THE DATA POTECTION ACT.

 

Now that all the nitty gritty is done, fire away. Also if there are any other disgruntled ex BH people there, come along and help. Call it regenerating your Karma!!:):):)

Edited by plumberjon

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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LOL welcome plumberjon :wink:

 

Me thinks you will be very popular :rolleyes: or maybe not!!

 

I'm sure any info you have to give will be useful

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Hi plummerjon

 

Nice to have you here. Hope to see some good "juicy" threads going! ;)

 

PLEASE BE AWARE! I AM NOT GOING TO TELL YOU OR ADVISE YOU TO DO ANYTHING WHICH IS ILLEGAL. LIKE IT OR NOT, YOU SIGNED A LEGALLY BINDING AGREEMENT WHICH IS REGULATED BY THE CONSUMER CREDIT ACT AND YOU ARE BOUND TO IT FOR IT'S DURATION OR UNTIL YOU SETTLE THE AGREEMENT, WHICHEVER HAPPENS FIRST.

 

Absolutey! CAG takes exactly the same line and would NEVER condone anything illegal or dishonest. However, I would point out that, although you may well have signed a "legally binding contract", you are bound to it for its duration... that is unless, of course, the contract is breached by either party. And BrightHouse have been known to breach many agreements and on several occasions... Oh, and so do customers, too... (Lefty being careful to maintain a fair balance) :)

 

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

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OK.

 

Here's a question that comes up time and time again...

 

Just WHAT exactly is proof of "suitable" home contents insurance, as required to cancel (or deem unnecessary) BrightHouse Damage Liabilty Cover (DLC)?

 

What are the OFFICIAL BrightHouse guidelines regarding this?

 

 

Cheers

Lefty

Edited by Lefty
because I can! Ha... Only joking.... worded badly

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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Hah! I should have seen that one coming!

 

DLC is calculated at the time of sale of any new item by the sytem (IRIS) unless it's been superceded by now.

 

It is exactly 10% of the weekly rental, but conveniently enough, I don't believe it is actually classed as an insurance, so falls outside of IPT (Insurance Premium Tax) meaning if it did they would have to give some of it to the Chancellor ( 7.5 % i think).

 

Therefore, if it's not an insrance, then providing your existing contents insurance covers accidental damage, no matter what the cause, then you should save quite a bit.

 

My advice is to stick to your guns and say no.

 

There is one very big reason why BH stores don't like to knock off DLC. This is because there is no insurance company that is going to pay BH back for writing off a damaged item. It basically comes off the operating profits of the store. Meaning the store will effectively make less profit, the manager and his manager will not get as big a bonus!

 

So in a nutshell, your house contents insurance is worth a whole lot more than the BH DLC.

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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So in a nutshell, your house contents insurance is worth a whole lot more than the BH DLC.

 

 

Hey Plumberjon,

 

Do you have to take or forced to take DLC if you dont have any home contents insurance?

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Unfortunately yes you do.

 

The reason, it's a Hire Purchase, which means BH owns the item until you have finished paying for it, no matter how long and drawn out that seems!

 

My advise is to get your own house contents insurance, in the long run it will be sooooooooooooo much cheaper.

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Hah! I should have seen that one coming!

 

DLC is calculated at the time of sale of any new item by the sytem (IRIS) unless it's been superceded by now.

 

It is exactly 10% of the weekly rental, but conveniently enough, I don't believe it is actually classed as an insurance, so falls outside of IPT (Insurance Premium Tax) meaning if it did they would have to give some of it to the Chancellor ( 7.5 % i think).

 

Therefore, if it's not an insrance, then providing your existing contents insurance covers accidental damage, no matter what the cause, then you should save quite a bit.

 

My advice is to stick to your guns and say no.

 

There is one very big reason why BH stores don't like to knock off DLC. This is because there is no insurance company that is going to pay BH back for writing off a damaged item. It basically comes off the operating profits of the store. Meaning the store will effectively make less profit, the manager and his manager will not get as big a bonus!

 

So in a nutshell, your house contents insurance is worth a whole lot more than the BH DLC.

 

Plummerjon (or can we just call you jon)?

We get many people here saying that BrightHouse will NOT accept their home contents policy as proof of suitable insurance.

I have suggested listing items belonging to BrightHouse as "ALL RISK" items on their policy. This details the item, with both a written description and, if necessary, a serial number.

Would you agree, as an (ex) BrightHouse store manager, that this then becomes proof of suitable home contents insurance?

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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You never manage to say it all in these replies do you lol?

 

As you don't own it until you've finished paying for it, BH need some assurance that if it goes wrong and the item gets damaged, then the book value of the item gets covered at the time.

 

But, take a £20 a week 3 piece suite, that's £104 a year over 3 years, just to insure the suite. You can get an entire households contents insurance for less. See my arguement?

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Hi Lefty

 

The big problem here is we are confusing what is common sense, with what mood the manager is in, the day after his rollocking with his SDM (Sales Development Manager) because his figures aren't good enough!

 

They will argue every which way but loose to get you to have their DLC because it's a way of getting yet another 10% out of you.

 

Be obnoxious, stick to your guns. Make sure your existing (or new) household contents insurance covers items in your home that are not owned by you (on HP) and that will suffice.

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Is there a separate agreement to be signed for DLC & even if not are their any T's & C's which cover it

 

Here ya go :D

BrightHouse DLC Terms and Conditions

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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Hi Lefty

 

The big problem here is we are confusing what is common sense, with what mood the manager is in, the day after his rollocking with his SDM (Sales Development Manager) because his figures aren't good enough!

 

They will argue every which way but loose to get you to have their DLC because it's a way of getting yet another 10% out of you.

 

Be obnoxious, stick to your guns. Make sure your existing (or new) household contents insurance covers items in your home that are not owned by you (on HP) and that will suffice.

 

I think me and you are gonna be good pals! :D

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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Hi JonCris

 

When I was there it was never sold as an insurance, and it was conveniently tucked away at the bottom of the same system generated form. There was only one contract to sign and it needed 3 signatures if I remember. 1 for the agreement, 1 for the service plan and 1 for the DLC.

 

At the time I was there they had this presentation folder and during training, you were even given role play excersices to make sure you said the right things. It didn't happen, but technically everytime you sold something, even to a customer who already knew it all, you had to sit down for 20mins and tell them it all, which did include a bit about DLC.

 

I am racking my brains here, but I am damn sure that it was not sold as an insurance

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Hi JonCris

 

When I was there it was never sold as an insurance, and it was conveniently tucked away at the bottom of the same system generated form. There was only one contract to sign and it needed 3 signatures if I remember. 1 for the agreement, 1 for the service plan and 1 for the DLC.

 

At the time I was there they had this presentation folder and during training, you were even given role play excersices to make sure you said the right things. It didn't happen, but technically everytime you sold something, even to a customer who already knew it all, you had to sit down for 20mins and tell them it all, which did include a bit about DLC.

 

I am racking my brains here, but I am damn sure that it was not sold as an insurance

 

That's right...

 

The word "insures" is substituted by the word "covers"... IE - Our DLC policy covers your item against theft, fire and damage...

 

However, the policy is underwritten by Caversham INSURANCE (Malta) Ltd.

 

 

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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Thanks Lefty

 

These T&C's are new to me.

 

But then I left there 4 years ago. I would have remembered an insurance backed sheme from some dodgy outfit in Malta, of all places.

 

So it is and insurance, sort of!

 

I stand corrected, but none the less, stand your ground say NO to DLC. It's a rip off, and you can save money elsewhere.

 

Like I said in an earlier post, speak to your main insurer and verify that they will cover full replacement on accidental damage to items on HP in your home (95% will).

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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If you have ticked the relevant box and signed in the

signature box on the Agreement to apply for a Damage Liability Cover insurance policy (the DLC Policy) and have been accepted, you have also entered into this DLC Policy with Caversham Insurance (Malta) Limited of 2 Fontana Mansions, Bisazza Street, Sliema SLM 15, Malta (“the Insurers”)

 

This insurance does not cover any of the following:

 

If you are unhappy about the way in which this insurance policy has been sold to you orhave any dispute or complaint in relation to the DLC Policy

 

All taken from DLC T&C's. Don't think that leaves much room for doubt

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They obviously want you to buy their product, namely the DLC because it does mean more money for them.

 

But it is a very expenxive way of just insuring one item.

 

However, the reason they want you to have it is to protect their asset whilst it is in your home.

 

But that is where they shoot themselves in the foot. Why? Well they are quick to point out that if you fall behind on your payments, then the Service cover and DLC become null and void as you are not paying for them, Therefore the asset is no longer protected.

 

If you have your own household contents insurance andit is up to date and paid for, then even if you fall behind on your BH payments, their asset is still protected.

 

So in a way, their asset is better protected bty you using your own insurance, than if you used their DLC in the first place.

 

Quite logical really. And yes, if you can prove suitable insurance, they are breaking their own policy by forcing you to buy their DLC.

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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I am pretty sure that there are regulations with the selling of insurance that would be broken by forcing someone into your product alone. They are definately breaking their own policy by forcing you into DLC even after proving your own insurance is adequate. The reason for selling DLC is in case you don't have your own insurance, it's as clear as daylight in the T&C's, or at least it always used to be.

 

With insurance, it's never about how cheap it is, it's also what the insurance is actually getting you, ie. level of cover.

 

For the finer points o the law regarding this, someone else will need to answer this.

 

Perhaps a member of the site team may be able to confirm?

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Just a quick one - A few weeks ago we were unable to make the payment on the Saturday (because of work - not financial reasons). I contacted them and explained we would be in first thing Monday morning to pay. This was not acceptable though and they told us we would have to make two weeks payments. However, I went in on Monday anyway, paid one weeks money into the yellow money, then paid as normal on the following Friday.

 

Anyway, i digress, what i want to know is that because of this is the OSC i have (forcefully) on two items now invalid?

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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