Problem with brighthouse

[juDGEY79]

Hey, i have items from brighthouse i have never missed a payment over the last 9 - 10 months. I pay around £200 a month, i have just called my local store (the manager) to say i can not pay the full amount untill jan. She said i would have to give stuff back, i said im not willing todo that. She said they will collect the stuff.

 

Have i got a leg to stand on?

 

Thanks

 

Graham

[juvehearts]

It depends on how much you have outstanding left to pay on these items.

 

we would need more information

[clemma]

Read the brighthouse factsheet. To quote Lefty:

 

However, even though the goods belong to BrightHouse at all times, this does NOT mean they can just stroll into your home and remove them if you get into payment difficulties. Unless you have actually consented to their removal, BrightHouse cannot legally remove (re-possess) them until they have:

 

a) Issued you with a default notice (in writing)

b) Given you an opportunity to put matters right (at least 7 days)

c) Applied for (and been granted) a court order

 

These issues will be explained in more detail in a moment, but it is important to remember that: AT NO TIME CAN ANY EMPLOYEE (OR AGENT) OF BRIGHTHOUSE FORCIBLY ENTER YOUR HOME

 

If you do get into payment difficulties, your first recourse should be to try and address the problem yourself. You should do everything you can to bring your account up to date. If you find you cannot afford the regular repayments, you should decide whether you really need the goods and consider returning them. (Your agreement allows you to do this, without financial penalty, if you have paid more than half of the instalments on it.)

 

 

IMPORTANT PART

 

If you have paid more than one third of your agreement total, BrightHouse must seek a court order before they can re-posses their goods – which are now considered as “protected goods”. (Note - if, after one third of the agreement total has been paid and BrightHouse do re-posses their goods without a court order and without your permission, then Brighthouse are in breach of their agreement and you are entitled to claim back all payments made previously on it.)

 

Even if you have NOT paid more than one third of your agreement total, BrightHouse must still seek a court order (return order) to re-posses goods from your home - even then they cannot forcibly enter. They can, however, re-posses their goods if they are in a public place.

Hope this helps!

[sunsh1ne]

Hey, i have items from brighthouse i have never missed a payment over the last 9 - 10 months. I pay around £200 a month, i have just called my local store (the manager) to say i can not pay the full amount untill jan. She said i would have to give stuff back, i said im not willing todo that. She said they will collect the stuff.

 

Have i got a leg to stand on?

 

Thanks

 

Graham

 

If you have the optional service cover ask the store about the pick up and hold, this is where you can return your item - if you return for it within 6 wks (max) you can get the item back that you gave in and start off the agreement where you left it and dont lose the money that you have already paid. If it is left longer than 6 wks the store will send your item off for reburbishement and re-sell it, however you can still restart you agreement with a like for like item of similar age to yours. The store should be more than willing to do this as it will ensure that the "dues" will be added back on in january - which is one of the quietest times so they'll be glad of it!

 

If you do not have the service cover or decide not to pick up and hold, the store will not accept partial payment. What is the reason, if you dont mind me asking, that you cannot pay the full weekly amount through the xmas period? If the full payment is not met a few things will happen, your account will go later and later until a point that you cannot afford to catch up on one or more items which will eventually be collected either by bh or via a third party after 70- 90 days of being late. If you needed another item from the store you will be unlikely to be approved for more credit because of the payment history until you show that you are committed to fulfilling your weekly payment obligations. This would be a shame considering that you appear to have been a perfect customer up to now.

 

My advice would be to temporaraily return items that are not essential

[DCA-KING]

If she been paying for about 9-10months would think she has paid off and they would need a court oder(the will never do that)

Do you pay OSC and DLC if so write to them giving them 7days notice and send one to there head office

if they say you cant cancel just say thats not what consumer direct and Trading standards said they soon change there tune

also tell them under english law only two people can come onto my property with out my permission postman and someone asking for directions and i withdraw the right for any one from BH to come there will have you done for tresspassing when you stand up to them they dont like it

Told mine when he said you cant cancel oh yes i can and if you commision is down bloody good i will let trading standards know you wont let me cancel Oh wait a min my mistake

they hate it

regards DK

[Lefty]

I'm guessing you contacted the store because you had to miss a payment and are now in arrears?

 

You cannot invoke your Optional Service Cover because it has lapsed due to non-payment - and Sunsh1ne knows this...

 

 

Cheers

Lefty

Edited November 6, 2008 by Lefty
clarified point

[DCA-KING]

Never return ITEMS once you have paid over a amount marked on you agrrement the need a court oder for one (they always say they will but they dont)

i had all these threats

you payment is late to you that last week i was going away and you wouldnt atke my payment a week arely SO YOU MADE ME LATE ok i will pay you stupid 2.70 late fee dont worry claim it all back

my weekly payment 748 so pay ment is 1018 no sir have to pay another 7.48 for next week NO NECT WEEKS NOT DUE YET no but if you late one wek must pay 2 weeks and a late pyment NOPE you getting 1018 and next on when due loads of people in the shop i new a few ad should he they want me pay for next week now as well No Chnce and pS now i have whittness to this so suck my 1018 on the counter and went nback or by the way heres a lettrer cancelling OSC and DLC so you ggot 7 days

sed one off to head office also had a call before next week has the need to remove it off your account todday has the had a csll from HOffice

that saved me 7 quid aweek

TELL THEM I ALWAYS WRITE NOW TO YOUR ce AND ANNE HEALEY AT HEAD OFFICE THE HATE IT

sent one off to here before she remeved the chagres so i asked then to add the back on cause thats another case im taking on to court

anywife phoned to make payment sorry you account hold for a manager to contact you

few days pass gett a call we sorry you not happy told him cut the crap and get on to it what i want is to resove your complaint and has your unhappy i make you this offer you owe 12 weeks left what if we call it 3 and just pay that off then everyone happy HAPPY no what if i py want outstanding and let it go to court because thatss what i want BYE

2 days latter get a letter from there ho stating the have now closed my accounts so nice letter back asking them to open back up and il see you in court

so let thge court battle begin

regards dk

[DCA-KING]

Make payment this week and tell them you canceling them as you in areaers you not covered anyway

[DCA-KING]

Anyone got a letter for claiming back there charged and the Cost of OSC and DLC

my quest is to win that back as well

[sunsh1ne]

I'm guessing you contacted the store because you had to miss a payment and are now in arrears?

 

You cannot invoke your Optional Service Cover because it has lapsed due to non-payment - and Sunsh1ne knows this...

 

 

Cheers

Lefty

 

the post said that judgey contacted the store to inform them of a problem paying - not that the account had already gone late - some customers do actually contact the store before going late you know!!

 

pick up and hold is a temporary measure to help people in judgey's position, put whatever spin on it you like but the reality of it is that people use this facility to stop themselves getting into arrears that they cant catch up on later on, they dont lose the money they have paid already and can pick up where they left off - terrible!! I know what i would prefer!!

[juDGEY79]

Sorry i did not get back sooner

 

I dont have Optional Service Cover anymore, i called them to see if they could help me over the next 2 months. But the manager was having none of it, ended up were i had to put the phone down. I even said well see you in cort thats how mad she got me.

 

Anyhow i will just have to pay it and have a crapp xmas, but i no this Never will i get anything eles from brighthouse they made me feel very ill for 24 hours.

 

Anyhow thx for all the imput

 

EDIT - i ow them around £5000 im on benifits, they keept phoneing me asking of i wanted more and more credit and me being silly said yes.

[Lefty]

the post said that judgey contacted the store to inform them of a problem paying - not that the account had already gone late - some customers do actually contact the store before going late you know!!

 

pick up and hold is a temporary measure to help people in judgey's position, put whatever spin on it you like but the reality of it is that people use this facility to stop themselves getting into arrears that they cant catch up on later on, they dont lose the money they have paid already and can pick up where they left off - terrible!! I know what i would prefer!!

 

Yeah, but come one - be honest here...

This wonderful service of "pick up and hold" is NOT AVAILABLE to customers who may have, for whatever reason, got into arrears and had their OSC cover withdrawn. You know (and so do I as I, too, work for BrightHouse) that most customers get into arrears FIRST and THEN try to negotiate a way to reduce them...

...and, as you said in your initial reply, the store WILL NOT accept part payments, and unless ALL payments are brought up to date (including OSC - which will still be charged for, even though the cover was not available) there is NO OPTION of using "pick up and hold".

Just another empty, worthless piece of BrightHouse spin - and YOU WELL KNOW IT!

With kind regards

Lefty

[MARTIN3030]

The site welcomes debate and opinion,but where its apparant that posts conflict with statute law and consumer regulation,users here quite rightly should be given the facts as they stand in relation to consumer rights and also responsibilities of business.

 

Lefty could you please specify the situation here,so that members can read specifically what are their entitlement.

[Lefty]

The site welcomes debate and opinion,but where its apparant that posts conflict with statute law and consumer regulation,users here quite rightly should be given the facts as they stand in relation to consumer rights and also responsibilities of business.

 

Lefty could you please specify the situation here,so that members can read specifically what are their entitlement.

 

I certainly will, Martin.

Please see the following quote from our BrightHouse factsheet. This section should be of use to the original poster of this thread:

When you enter into an agreement with BrightHouse, you are entering into a HIRE PURCHASE (sometimes referred to as “rent-to-own”) credit agreement. Hire purchase agreements are governed by THE CONSUMER CREDIT ACT 1974 and goods being hired (purchased) are subject to the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973 (see section 5 below). Your agreement will be based on the original “cash” price of the goods, plus interest (APR) at 29.9%, resulting in a total amount payable. This figure will then be divided equally to provide your weekly (or monthly) payment. You will be required to make your payments IN ADVANCE for the duration of your agreement – which could range from 52 weeks to 156 weeks, dependant upon the value of the goods.

 

When you have made all the payments on your agreement, you may (in writing - and within a 30 day period) exercise the option to have title (ownership) of the goods transferred to you. If you choose not to exercise this option, you can simply return the goods, and receive a discount (based on their current re-sale value) towards a new Hire Purchase agreement with BrightHouse.

 

Other than at the end of an agreement, and if title (ownership) is transferred, the goods belong to BrightHouse at all times. You cannot sell them or dispose of them in any way.

 

(You can view a full copy of BrightHouse Hire Purchase Agreement Terms and Conditions HERE (Adobe Acrobat File - opens in new window)

 

However, even though the goods belong to BrightHouse at all times, this does NOT mean they can just stroll into your home and remove them if you get into payment difficulties. Unless you have actually consented to their removal, BrightHouse cannot legally remove (re-possess) them until they have:

 

a) Issued you with a default notice (in writing)

b) Given you an opportunity to put matters right (at least 7 days)

c) Applied for (and been granted) a court order

 

These issues will be explained in more detail in a moment, but it is important to remember that: AT NO TIME CAN ANY EMPLOYEE (OR AGENT) OF BRIGHTHOUSE FORCIBLY ENTER YOUR HOME

 

If you do get into payment difficulties, your first recourse should be to try and address the problem yourself. You should do everything you can to bring your account up to date. If you find you cannot afford the regular repayments, you should decide whether you really need the goods and consider returning them. (Your agreement allows you to do this, without financial penalty, if you have paid more than half of the instalments on it.)

 

Sometimes people’s circumstances can change, often resulting in a drop of income. BrightHouse make absolutely no provision for this, and totally refuse to negotiate any form of reduced payments – even for a short time. However, it may be possible to dramatically reduce your payments by cancelling any Optional Service Cover policies you have. (More about this in section 2 below.)

 

“…If a customer should fall behind with their payments, BrightHouse works closely with them to help get their agreement back on track. Our stores have a weekly relationship with each customer and are, therefore, well placed to help them get their payments under control. In certain circumstances the store manager is empowered to reschedule any debt that has accrued to the end of the contract.” - David Harwood, Company Secretary, BrightHouse

 

Strangely, and with complete disregard to guidelines from the Office of Fair Trading (OFT), BrightHouse seem to have an active policy of forcing you into further arrears and debt should you fall behind on your agreement. They will refuse to accept part-payments, and will not allow you to reduce any arrears by paying a little extra for a few weeks. Plus, to make matters worse, they will then require the FOLLOWING week’s/month’s payment as well, making it even harder to “catch up” and bring your account up to date. You will also incur a weekly “penalty charge” (currently £2.70 per agreement).

 

For example, let's say your weekly payment is £25.00 (3 typical agreements - fridge, washing machine and TV), the punishment for being just ONE DAY LATE will be a required payment of £58.10. Eight days late and it becomes a staggering £91.20.

 

An extract from the Office of Fair Trading (OFT) guidelines regarding the collection of debt:

 

Physical/psychological harassment

 

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

 

f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so

g. making threatening statements or gestures or taking actions which suggest harm to debtors.

 

It won’t be long before BrightHouse start chasing you for payment. You can expect a telephone call if your payment is just one day late! BrightHouse have also been known to phone around the names you have given as references and turn up unannounced at your home. They will bombard you with all sorts of “threats” ranging from insisting on a set time to pay - to instant repossession, but you should simply ignore and disregard anything BrightHouse tell you unless it is in writing. Any kind of aggression or confrontation should be avoided at all times.

 

“…The BrightHouse policies regarding debt collection are fully compliant with the Consumer Credit Act and with the OFT guidelines regarding the collection of debt.”

 

If you receive a formal written default notice, and are unable to bring your account up to date in one go, you may like to consider writing a letter similar to this one:

 

(Send recorded delivery to head office, and copy to your local store)

 

Account(s) number(s) XXXXXXXXX

 

Dear Sirs

 

I have recently been experiencing some financial difficulties and, as a result, have fallen behind with my weekly payments to BrightHouse. This is most regrettable, so please accept my apologies

 

I am receipt of a default notice for £XXXX

 

I do not wish to return the goods voluntarily, and as I cannot afford to pay this amount in one instalment, I would like to offer the sum of £(reasonable amount) per week on top of my regular weekly payment of £XX to clear my arrears over the next XX weeks. This payment plan can start immediately.

 

I have made this proposal (and made an offer of payment) at my local store, but my payment was refused. I was told that BrightHouse will not/cannot accept “part payments”. This “policy” only places my account(s) further into arrears and invokes further penalty charges. I find this both immoral, unfair and in direct contravention to OFT guidelines regarding the collection of debt.

 

Naturally, I hope you will accept my offer (above) and allow me time to bring my account(s) up to date in both a fair and affordable way. Of course, by accepting my offer, and by me maintaining regular payments (on time) you agree NOT to apply any further “penalty” or “late payment” charges to my account(s).

 

Please confirm in writing your acceptance or refusal of my offer in order for me to make the necessary payment arrangements, or to prepare for my defence in the County Court as appropriate.

 

Kindest Regards

 

YOU

 

 

cc - BrightHouse local store

your local Trading Standards (this never hurts)

 

 

If you have paid more than one third of your agreement total, BrightHouse must seek a court order before they can re-posses their goods – which are now considered as “protected goods”. (Note - if, after one third of the agreement total has been paid and BrightHouse do re-posses their goods without a court order and without your permission, then Brighthouse are in breach of their agreement and you are entitled to claim back all payments made previously on it.)

 

Even if you have NOT paid more than one third of your agreement total, BrightHouse must still seek a court order (return order) to re-posses goods from your home - even then they cannot forcibly enter. They can, however, re-posses their goods if they are in a public place.

 

If BrightHouse do decide to apply for a re-possession order (or return order), you will be notified of the hearing date and you will have the opportunity to put your case forward in court. If you want to keep the goods (and continue with your agreement) you must show the court you can still afford the repayments, and you should make a reasonable offer to reduce your arrears. The court will make a judgement and, if acceptable, order BrightHouse to accept your offer.

 

If you have paid more than half of the instalments on your agreement you may, if you wish, return the goods voluntarily and without any penalty.

[juDGEY79]

Thank you, sorry if i got you into any trouble.

 

Im just going to have to pay them, can not be bothered with all the rubish.

 

Again thx

[Lefty]

Thank you, sorry if i got you into any trouble.

 

Im just going to have to pay them, can not be bothered with all the rubish.

 

Again thx

 

You haven't got anyone into trouble! But you really should give the advice (above) some serious consideration.

 

Good luck

 

 

Cheers

Lefty

[MARTIN3030]

Thank you lefty.

Looks clear enough

Judgey-if you are serious in looking for clarification and want to know where you stand-then you should be bothered.

I can understand that sometimes it can be fazing to have to digest things,but there are lots of people here to help.

First and foremost this is a consumer site FOR consumers-the main objectives are to help people like you to get what they are entitled to,its up to you whether you want to benefit from the advice and guidance,or else lie down and accept whats put in front of you.

Thanks again Lefty.

[juDGEY79]

Im sorry, i have dixlesia and it takes me ages to use googe as my spell cheaker lol. I will look at the above info and ask b4 i go to brighthouse with the payment and see wot i can do.

 

Again many thx all

[juDGEY79]

Hey sorry i not been about, had the flu been in bed the last few days.

 

Anyhow i just looked at the letter above, i dont ow them money yet i just can not make full payments over the next 2 months. They saying tough luck payment or they want the stuff back if u get me.

 

Thank you

[plumberjon]

I would just like to make people aware here about this "wonderful" OSC option to return your items for upto 12 months because you are having difficulties.

 

It ain't wonderful, in fact it's a big con. Not just because if your late it's invalid, not even because it's a battle to negotiate with BH when you think your going to be late, even though you're not late yet. Let's face it, chasing debt is their passion; they don't believe in the saying "prevention is better than cure"!

 

The big con is this. When they do this for you, BH take back all the stuff you can't pay for anymore, then the items are taken "off rent". This means that they are not earning any rent from the items, profit in other words (and the items still probably have book value, so therefore become a liability).

 

Now they make it seem that when you finally get back on your feet and you can start to afford it again, that you will get your stuff back. If you are lucky enough, you might get the originals back, especially if the payment "holiday" period is quite short and the items have therefore remained in your local branch. But 9/10 times, they will be damaged or scratched in some way. Lefty, I am sure you have seen your branches warehouse in an untidy manner many times!

 

However, you will more than likely not see your original item again, you will get a similar item, sometimes you might get a choice, but I wouldn't count on it. You will certainly be lied to about how old the item is, and the store will more than likely try and give you an item with NBV or nil book value, meaning the new agreemnt you will sign (yes, another one!) will be all profit for them.

 

Your original items were probably put on rent with someone else within 24 hours!

 

And, because you have already taken advantage of the optional OSC, by using this service, if you think they will let you opt out this time, well, think again.

[Lefty]

And, because you have already taken advantage of the optional OSC, by using this service, if you think they will let you opt out this time, well, think again.

 

Yep, a very common trick that one! "You've claimed on your OSC policy, so it cannot be cancelled..."

YES IT CAN!

OSC is a WEEKLY non-insured service contract. Nothing more.

Cheers

Lefty

[juDGEY79]

Oky as from tomorrow i will be a week behind my payments. I have had to stop private numbers to my home phone as they were calling me to much.

 

Im going in with "Harassment by telephone - response letter" tomorrow

 

Stuff i have from BH

 

Tv

Ps3

Lapptop

Pc + screen

Dvd player thing.

 

They called me each other week asking if i wanted more credit, im on income surport and dla. I am willing for them to have the pc + screen and dvd player thing back. But the other stuff i have paid to much moneys just to give it back and lose. I want them to take me to court so i can put my case forward. Just the downside is them comming to my house and demading there staff back like last time, is there a letter i can take in with me tomorrow to help me to stop them from calling at my house?

 

Also if i give them goods back (wot i said above) will this go against me when it gose to court?

 

Any other help would be great

[plumberjon]

Hi

 

Firstly. Please don't get hung up about court! Although I can't say 100%, the chances of BH taking you to court are incredibly slim. In the time I worked for them, nearly 2 years, they never took anyone in my whole region.

 

The reason is, IF (a very big if too) County Court find in favour of plaintiff (BH), they then means test the defendant (you) to what you can afford. The court can only rule you to pay what you can afford. Admittedly there are other courses of action, but BH won't take you to court on the risk that the court rules that you must pay them £1.00 a week for the duration.

 

Have you got OSC on the items you want to return? How much have you paid on the items so far/how long have you had them?

 

A better option is to ask to have the OSC removed on all of your items, SEE LEFTY'S BH FACTSHEET FOR LETTER. This takes 7 days and will save you a lot on the list of agreements you have.

 

I say this because I don't want to see peole throwing good money away, and you will be doing this by jus returning items.

 

If after doing that you find that you can't afford certain, luxury items, then return them. BH may try and say that once your OSC is cancelled, you won't have the option to return, this is BULL.

 

Keep a small but accurate journal of the harassement you receive, detailing date and time, and the name of the individual and what was said. This will be useful if you do go to court, and even more useful should you wish to make a complaint.

 

Most important is to keep positive and believe in yourself. You are a customer of BH and as such they should respect you! They have a duty of care to be a responsible lender (laughable I know), but as i have seen the great Lefty quote, "your debt with BH is not a priority debt" so make it affordable so the priority debts ARE covered.

[juDGEY79]

I dont have the OSC now.

 

Many thx for the help, do you no if there is a letter i could give them that will stop them from comming to my house, as last time there were at my door for about 1 hour knocking even tho i said i dont want them at my door, also about 30 phone calls that day.

 

Thanks

 

EDIT - I have had the tv and ps3 for around 10 months now, and the lappy 9. The others nearly about 3 - 4 months.

[juDGEY79]

Today is the day, i have done the lettter about them calling me on my phone, is there one for them calling at my house?