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    • Well please can you search everything and get all your documents together. Read them. Understand what you have. And they make sure they are properly filed. Do you have the name and address of the driver? Also I believe that you said that you had received a message from your own insurer saying that you were liable – or something like that. Please can you reproduce that message here – preferably in PDF format
    • As i stated above, i found out a document from my draw that admirel had sent me on the 25th of january. I found it out to see if it had any information about the van. Then i saw that it said ' section l -witnesses , then a male name .
    • You say that you have only just found out that the van driver has apparently got witnesses to the accident. How did you just find this out?
    • Well reading the bullet points is essential. If you think that the bullet points are a correct account of what happened and you are prepared to stand by this account and even eventually sign a statement of truth – in the event that this goes to court – then it is worth going forward. If you think that this is not a correct account then probably we have to stop. If you have received documents from the van driver's insurance then it may be correct not to respond to them at the moment – but we would like to know what those documents are. I'm amazed that your own insurers haven't sent you any formal documents. As I've already said, send them the SAR straightaway. Also I think that separately you should phone them tomorrow and ask them what's going on and tell them that you want documents relating to their finding that you should be held liable for the accident. See what they say about this. They may say that they are not prepared to disclose documents to you. Once again, I've already suggested elsewhere that you should read our customer services guide and implement the advice there. This is essential. My prediction is that if you want to deal with this then you will have to sue the van driver in the County Court for negligent driving. This will be a small claim and so the outlay to you would be relatively minor and you would not have to pay the other side's costs in the event that you lost. I would expect that your outlay would be only about £200. If you won then that would change everything in terms of getting compensation for your car and also in respect of the cost of repairs for the damage vehicles. Also, it would assist on your other thread in dealing with the extortionate price that you been required to pay for the car – which I think we've already indicated is a complete scam. I think you had better start learning not to trust anyone. You can trust us – but you have to make your own judgement on that score – that there is certainly no one else that you can trust in this. Would you eventually be prepared to take a small claim in the County Court? If you have no experience of this then talk to 1 or two people but also read up on this website about the steps involved taking a small claim in the County Court. It's straightforward but you need to know the steps in advance. You will not need a lawyer – but if you did decide to get a lawyer then it will be very expensive and you won't get the money back even if you win.
    • Iv only just seen that the van driver is claiming a witnesses, i didn't know this other than from 10 minutes ago.    I haven't received any documents from my own insurance , the document i received was from admirel - the van drivers insurance.   Yes i have the name and address of the van driver.   There was still ice on the road yes.    I will carefully read through your bulletpoints and comment afterwards.     
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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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.

:)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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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.

:)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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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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Nice one :D Fantastic news.

:)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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  • 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.

:)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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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.

:)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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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.

:)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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