beck_2008/Help-being threatened over arrears.

[clemma]

I have copied someone's problem here as they posted it in the wrong section.

 

Beck_2008:

 

hi im new to this site today so not sure if im doing it right. i am having problems with brighthouse right now due to there lack of sympathy and general understanding of everyday occurances. well me and my ex split up and it was decided that instead of paying maintanence he would pay my 40 pound a week brighthouse agreement, as i moved away from the area (which i did not tell brighthouse till friday, as my ex was paying) i then get 7 missed calls on my mobile from another mobile number i call back and its the store manager who very rudily informs me that my ex hadn't paid for 10 weeks and i owed 230 pound that has to be paid asap or they will repocess the goods even tho i have paid well over three quarters of the agreements. she also informed (threatened) me that these debt collectors are not people to be messed with especially when im pregnant and have 2 young children. i am now to scared to leave the house or answer the door and this is making me physically ill! please can someone advice me on what i should do as i wont let them take things when ive nearly finished paying them off i just cant afford to pay the arrears or weekly payments as i had to leave my job and am now only on basic benefits with no help from the childrens father should. please please help if anyone can thank you

 

They CANNOT just take your items as you have paid over three quarters of the agreement. Write a letter to head office (address in useful information) and your local branch (send by recorded delivery to both) requesting that all telephone calls/home visits cease and that in future all communications should be made in writing. Include the nature of the telephone calls, stating threats, frequency etc. Also, inform trading standards of your situation and send them a copy of your letter. Make sure, at the bottom of your letter to Brighthouse, you put "cc local trading standards". If they still persist on contacting you, trading standards will at least be aware of the situation. This kind of harassment is against the law and you are protected as a consumer. See here for example letter - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Now, their threat to send baliffs/cease goods - first, they MUST issue you with a default notice before they can take any further action. However, as you have paid over 3/4 of your agreements off, they would HAVE to obtain a court order to cease your goods. They cannot enter your home forcibly/remove goods without your permission. I have read through a few of the problems on this forum, and it is from this that I can tell you that Brighthouse rarely, if ever, take people to court. Please read Lefty's fact sheet which should help ease your mind.

 

Above all please do not panic or worry. The law is on your side and people on here will happily give you the help you need!

Edited November 23, 2008 by clemma

[DCA-KING]

They threatened my wife like that she said fine send someone but make sure my hubbys not here as hes a 19 stone prop forward so dont expect them to work for a while after, she also told them to apply to the courts for a court order and i will come to court and show the judge what you really like

Funny thing is after me challenging them now had a chq off them happy days

Regards DK

[beck_2008]

thank you for your help. ill write them the suggested letters but could anyone tell me how i should word them so i don't make it worse

[clemma]

If you click on the link in my first reply, that will take you to a harassment letter - just fill in your details.

[beck_2008]

i've done the harassment letter. is there anything else i can do as i cant afford to pay my arrears of 230 or my weekly payments ali can pay is 10 a week and i know they wont accept that. do i just offer it, they will turn it down then just let them take me to court if they want as i have paid over three quarters of the agreements

[clemma]

Have you spoken to the store and asked about installments? They will more than likely refuse, but it is best you ask them first before sending the following letter (thanks to Lefty):

 

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 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)

 

You will have to pay your normal weekly payment in addition to any payment plan they accept.

 

There is also the possibility of asking them for an account re-set, so the arrears are placed on to the end of your agreement. BH will probably prefer to reset your agreement than take you to court (as they would have to to reclaim their goods).

 

You should think very carefully before agreeing to this, because you risk losing all the rights you have accrued regarding repossession and early settlement, making it easier for BrightHouse to repossess their goods should you get into difficulty again.

 

If you do decide to accept an account re-set, use the following letter and make sure the store manager signs it. Attach it to your new agreement

 

Original agreement number XXXXXXXXXXXXXXXX

 

New Agreement number XXXXXXXXXXXXXXXX

 

Date

 

Updated agreement to reflect Account Re-Set

 

IMPORTANT Payments made previously on this agreement (XX payments to date representing XX of the total amount payable) are to be reflected, and form part of, any revised agreement.

 

All rights under the Consumer Credit Act 1974 regarding, in particular, “early settlement” and “repossession” as set out in section J of the original agreement remain intact and continue uninterrupted into any revised agreement.

 

Signed - YOU

(Print name)

 

Signed - Store Manager (for and on behalf of Caversham Finance trading as BrightHouse)

(print name)

 

I recently used this letter when I reset my account after taking off service cover and damage liabilty cover.

 

I hope some of this helps.

[DCA-KING]

THey wont take you to court they dont like it just write a letter oulining your problem to head office and has you have a family and other bills to pay thats all you can afford also i would state that if this not exceptable you are prepaered to go to court and let a judge decide how much i can afford to pay stating this would be a lot lower

Regards DK

[clemma]

THey wont take you to court they dont like it just write a letter oulining your problem to head office and has you have a family and other bills to pay thats all you can afford also i would state that if this not exceptable you are prepaered to go to court and let a judge decide how much i can afford to pay stating this would be a lot lower

Regards DK

 

Or do this! BH won't take you to court as the law is more favourable towards you as you have almost paid these agreements off!

[juDGEY79]

I was having the same probs, here is my post

 

http://www.consumeractiongroup.co.uk/forum/brighthouse/167208-problem-brighthouse-2.html

 

I did both letters since then i have not heard from them.

[Lefty]

Hi

 

All good advice.

 

BrightHouse should have, by now, sent you an "official" default notice (you will recognise this, as it's dressed up to look like a court summons - which it absolutely ISN'T - and will list your arrears and dates of missed payments.)

 

Also, if they are following the new rules laid down to them by head office (under pressure from the Office of Fair Trading) you will also have received an information sheet about dealing with debt. If you haven't received this information sheet let me know, and I will scan it and post it here.

 

Cheers

Lefty

 

 

PS - to all posters on this thread... You're doing a great job! I am still keeping a careful eye on everything, but keeping a low profile. All will be revealed very soon!

[DCA-KING]

Good one lefty will do my full story by next weekend and a copy of the chq

Regards DK

[clemma]

 

All will be revealed very soon!

 

 

Looking forward to it!

[sonnyraul]

Hi

Can you help me?

I too am having problems with Brighthouse.

In november 08 I got a re-set on my account as I had fallen into arrears.

From that time (after reading all the info on this site) I cancelled the optional service charge so now pay £9.94 a week which I paid in advance for the month of november. Then at the beginning of december I paid 4 weeks in advance, then at the start of january 09 I only paid one week. I have missed a payment and am due to pay by the close of business today £19.88 plus £2.70 late payment charge. I telephoned Brighthouse this morning to tell them that I wouldn't be able to make the payment today as I don't have any money in my bank account but that I gat paid on wednesday 22nd and will go in store on that day and pay my arrears plus a month in advance. The manager told me that this was not acceptable and that if I didn't pay the £19.88 plus £2.70 by close of business today then on monday someone would come to my house to collect my computer. I told him that he could not do this as I knew my rights and anyway I would pay on wednesday (in 4 days time!) and he said that because my account is re-set and I owe £798 then they could and would take my computer. When I said that if someone does come to my house and try to take my computer I would phone the police, he replied that HE would phone the police to let them know that I was keeping something that doesn't belong to me. The logical part of my brain is telling me that he's just trying to scare me, but there's another part that is now really worried. Can anyone help?

[Lefty]

Hi

Can you help me?

I too am having problems with Brighthouse.

In november 08 I got a re-set on my account as I had fallen into arrears.

From that time (after reading all the info on this site) I cancelled the optional service charge so now pay £9.94 a week which I paid in advance for the month of november. Then at the beginning of december I paid 4 weeks in advance, then at the start of january 09 I only paid one week. I have missed a payment and am due to pay by the close of business today £19.88 plus £2.70 late payment charge. I telephoned Brighthouse this morning to tell them that I wouldn't be able to make the payment today as I don't have any money in my bank account but that I gat paid on wednesday 22nd and will go in store on that day and pay my arrears plus a month in advance. The manager told me that this was not acceptable and that if I didn't pay the £19.88 plus £2.70 by close of business today then on monday someone would come to my house to collect my computer. I told him that he could not do this as I knew my rights and anyway I would pay on wednesday (in 4 days time!) and he said that because my account is re-set and I owe £798 then they could and would take my computer. When I said that if someone does come to my house and try to take my computer I would phone the police, he replied that HE would phone the police to let them know that I was keeping something that doesn't belong to me. The logical part of my brain is telling me that he's just trying to scare me, but there's another part that is now really worried. Can anyone help?

 

Brighthouse absolutely CANNOT enter your home and remove their goods without your consent - even if you haven't paid more than one third of the agreement. They STILL need a RETURN order issued by a county court. Even then they STILL do not have the right to enter your home by force.

Now then, with that out of the way, let's see if we can help...

How far into your ORIGINAL agreement are you? With £798 still left to pay I would assume well over half way?

Do you still have a copy of your original agreement? If not, ask for a copy of it from your store - they have to supply you with it (they can, if they wish, impose a small charge for this). This agreement (combined with your new re-write agreement) is proof of how much in total you have paid - and is undisputable.

I wouldn't worry if I were you. If they turn up on Monday just tell them bugger off, and make your payment when you can.

Cheers

Lefty

[clemma]

I wouldn't worry if I were you. If they turn up on Monday just tell them bugger off, and make your payment when you can.

 

 

 

 

Give them this letter, just before you slam the door on them as well:

 

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

[sonnyraul]

Hi

I have the original and re set agreement. I took out my original agreement in may 2008 and re-set in november as they wouldn't accept my offer of paying £10 per week arrears plus £9.94 a week ( I was £70 odd in arrears and at that time was paying DLC and optional cover). After looking on this forum I used your template to remove the insurance and then they got really ****ty with me and said they would rest NOT accept my arrears payments. Like a fool I agreed as I really need the computer for work and for my son's school work. I hate the way they use scare tactics on people like me who are on low incomes and have no other way of purchasing expensive goods. I wish I knew then what I knew now, then I'd be more forceful when dealing with them.

[sonnyraul]

Thanks, I'm going to do that now. Am so glad I found this site, I wonder how many other people in my position are being threatened like this? I can't believe they can get away with it!

[clemma]

Can you work out from the agreements how much you have paid to date? Then we know how much longer you have left on the agreement.

[clemma]

Thanks, I'm going to do that now. Am so glad I found this site, I wonder how many other people in my position are being threatened like this? I can't believe they can get away with it!

 

You'll be surprised! I was a timid little BH customer until I found this site. You will find all the help you need here

[plumberjon]

Clemma! Timid???

 

Who are you and what have you done with the real Clemma!!!

 

[clemma]

I said I WAS - and that was in October. Whatcha trying to say like eh

[DCA-KING]

I went into my new store last week looked at a sofa bloke was there like a shot and it goes like this

Hi can i help you

Yes how much is this

599 sir

hey love thats not bad 599

is that all 599 we il have it

Ok sir we need to do the agreements

Ok

right it will be 599 OSC and DLC

what the hell is DLC and OSC so he told me

But i dont want them

you have too

who says ME

well it says its optional

Yes but you have to take them out

ok fine i dont want it now then looked at my wife and said will have to check that out tomorrow in work as a trainee TS office never heard of that will ask my boss tomorrow il get back to you on the weekend

I went off running to another guy in the shop see that guy leaving he from TS they watched me walk down the street

that will teach them

Regards DK

PS will call in again next week just for fun

[clemma]

I went into my new store last week looked at a sofa bloke was there like a shot and it goes like this

Hi can i help you

Yes how much is this

599 sir

hey love thats not bad 599

is that all 599 we il have it

Ok sir we need to do the agreements

Ok

right it will be 599 OSC and DLC

what the hell is DLC and OSC so he told me

But i dont want them

you have too

who says ME

well it says its optional

Yes but you have to take them out

ok fine i dont want it now then looked at my wife and said will have to check that out tomorrow in work as a trainee TS office never heard of that will ask my boss tomorrow il get back to you on the weekend

I went off running to another guy in the shop see that guy leaving he from TS they watched me walk down the street

that will teach them

Regards DK

PS will call in again next week just for fun

 

[fuzzybobble]

Clemma, I think you should start a "Cheekiness to Brighthouse" thread.

You could have some good material for it.

[clemma]

Clemma, I think you should start a "Cheekiness to Brighthouse" thread.

You could have some good material for it.

 

Oooooo - could be a good idea

 

Help people in the same way as DCA cheekiness - no fear and all that. One for me to think about