Problem with brighthouse

[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

[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up and hold" is NOT AVAILABLE to customers who may have, for whatever reason, got into arrears and had their OSC cover withdrawn.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

[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.

[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

[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