brighthouse telephoning me

[donza1978]

hi im wondering iof someone can help i was 3 weeks behind with my account as we are struggling i have brought it to the attention of the brighthouse store manager and got no help, so anyway 1 week before christmas my step dad died and ive had a bad time of it then i ended up with pneumonia because i was run down and from the 3rd of january up to today my account was late and what happened was yesterday brighthouse phoned on the shop number and let it ring constantly off the hook without pause for 20 mins then put phone down for 5 mins and repeated it again then they phoned on a witheld number and then a mobile number i know this numbers were them as they did this once before ive had to have my phone constantly unplugged for the last 3 weeks as this is how i was hounded from the day after i went late. as ive found out because of my phone being unplugged my mum could nt get hold of me and not fogetting shes just lost her husband of 22 years so she was nt in a good state

 

hopefully somone can advise me

 

thanks

donna

[clemma]

We sure can. There are a couple of letters that you need to send asap (recorded delivery to Head Office and your branch). First of all - send this harassment letter - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html. At least then we can get that phone plugged back in.

 

Also, you need to send a letter regarding your situation. Adapt the following to suit:

 

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

 

That's just for starters. Please try not to panic, you have come to the right place

[clemma]

Explain about your illness if you want (maybe instead of financial difficulties you could state personal and/or health issues). It's entirely up to you.

 

Sorry, should have mentioned - don't phone them anymore. Put everything in writing. Brighthouse can't bully you in writing as they can on the phone as the simply would not get away with it.

Edited January 18, 2009 by BankFodder

[Lefty]

hi im wondering iof someone can help i was 3 weeks behind with my account as we are struggling i have brought it to the attention of the brighthouse store manager and got no help, so anyway 1 week before christmas my step dad died and ive had a bad time of it then i ended up with pneumonia because i was run down and from the 3rd of january up to today my account was late and what happened was yesterday brighthouse phoned on the shop number and let it ring constantly off the hook without pause for 20 mins then put phone down for 5 mins and repeated it again then they phoned on a witheld number and then a mobile number i know this numbers were them as they did this once before ive had to have my phone constantly unplugged for the last 3 weeks as this is how i was hounded from the day after i went late. as ive found out because of my phone being unplugged my mum could nt get hold of me and not fogetting shes just lost her husband of 22 years so she was nt in a good state

 

hopefully somone can advise me

 

thanks

donna

 

Hi there. Sorry to hear you've been having a rough time lately.

 

Basically, you have two realistic options - which very much depend upon how far into your agreements you are...

 

1 - If you can no longer afford the repayments on your hire purchase agreement(s) you could simply arrange to return the goods and walk away. (BrightHouse won't bother to chase you for any outstanding debt)... or

 

2 - If you are further than one third into your agreement(s), you could try and negotiate reduced payments for a while... This is actually harder than extracting your own teeth, but people have succeeded in the past.

 

You will find all the details (and letter templates) you need in our BrightHouse fact sheet HERE

 

Clemma (an excellent contributor on here) has probably already done this, but if she hasn't ask her to post her harrassment letter for you. Sounds like you need it.

 

 

Cheers

Lefty

Edited January 18, 2009 by BankFodder

[clemma]

Clemma (an excellent contributor on here) has probably already done this, but if she hasn't ask her to post her harrassment letter for you. Sounds like you need it.

 

 

 

Already done mate

Edited January 18, 2009 by BankFodder

[donza1978]

i have just paid it up to date but what im upset with is the harrasement i will send the letter harrasement by telephone letter and await response thanks for your help

Edited January 18, 2009 by BankFodder

[donza1978]

also whilst im thinking on i sent a letter similar to this about 6 months ago and the harrasement stopped i can afford to pay but i suffer with M E and i struggle to deal with things also i have only 1 month left on 2 agreements and 1 year on another also one item i intend sending back as it is no essential but ive asked em to take it back before and they would nt

[donza1978]

oh and i did try putting things in writting but i just got a nasty home visit by the store manager

[clemma]

also whilst im thinking on i sent a letter similar to this about 6 months ago and the harrasement stopped i can afford to pay but i suffer with M E and i struggle to deal with things also i have only 1 month left on 2 agreements and 1 year on another also one item i intend sending back as it is no essential but ive asked em to take it back before and they would nt

 

If I was you, I would ask for settlement figures on those 2 agreements with only a month to run. You'll be surprised as to how little you will actually owe.

 

If you have paid more than half of the other agreement, then you can give it back with NO penalties whatsoever, no matter what they say.

[Lefty]

If I was you, I would ask for settlement figures on those 2 agreements with only a month to run. You'll be surprised as to how little you will actually owe.

 

If you have paid more than half of the other agreement, then you can give it back with NO penalties whatsoever, no matter what they say.

 

Correct - as long as the account has not been defaulted and/or in arrears. (Just need to make that clear)

 

 

Cheers

Lefty

[clemma]

oh and i did try putting things in writting but i just got a nasty home visit by the store manager

 

I have the ideal letter for this: (print a copy out and have it by your front door)

 

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

 

Next time one of these fools turn up at your door, hand this over and slam the door. They have as much right as the local paperboy to enter your home!!

[clemma]

Correct - as long as the account has not been defaulted and/or in arrears. (Just need to make that clear)

 

 

Cheers

Lefty

 

That has been logged in my brain with the rest of the information already stuffed in there - phew

[donza1978]

ty all for the help i will print these letters off and take it from there

[donza1978]

i forgot to mention ive also logged a complaint with mp as i dont think the late fees are fair due to the economic down turn i will wait reply and keep u updated

[clemma]

Correct - as long as the account has not been defaulted and/or in arrears. (Just need to make that clear)

 

 

Cheers

Lefty

 

Just need to clear this in my head - by defaulted you mean a default notice or is it something else?

 

As for the arrears, if you have been in arrears AT ALL during the agreement, does this stop the entitlement to hand back the goods after half has been paid off. Or, do you still have the entitlement as long as the agreement isn't in arrears at the time you want to return them.

 

Sorry this sounds rather garbled, but I'm confused

[Lefty]

Just need to clear this in my head - by defaulted you mean a default notice or is it something else?

 

As for the arrears, if you have been in arrears AT ALL during the agreement, does this stop the entitlement to hand back the goods after half has been paid off. Or, do you still have the entitlement as long as the agreement isn't in arrears at the time you want to return them.

 

Sorry this sounds rather garbled, but I'm confused

 

Actually, you got me confuddled now... Gonna go and check it out.

 

Lefty

[clemma]

Actually, you got me confuddled now... Gonna go and check it out.

 

Lefty

 

:lol:

[plumberjon]

Next time one of these fools turn up at your door, hand this over and slam the door. They have as much right as the local paperboy to enter your home!!

 

 

Actually your wrong here!

 

The paperboy has more rights, as you have a sort of contract with the newsagent, allowing them to walk onto your property in order to deliver the paper, much like the post man.

 

This letter revokes any right for BH to walk on your property.

 

Not picking hairs or anything!!

[clemma]

Actually your wrong here!

 

The paperboy has more rights, as you have a sort of contract with the newsagent, allowing them to walk onto your property in order to deliver the paper, much like the post man.

 

This letter revokes any right for BH to walk on your property.

 

Not picking hairs or anything!!

 

 

I said to enter the home - of which the paperboy has no rights either - hence my comparison. Feeling picked on now

[plumberjon]

Oh OK sorry, I guess I'm letting my excitement get the better of me a bit, so slap me!!!

[clemma]

Oh OK sorry, I guess I'm letting my excitement get the better of me a bit, so slap me!!!

 

Consider yourself slapped .

[steven4064]

Donza

 

The late fees are unlawful and you can claim them back - see my BH thread http://www.consumeractiongroup.co.uk/forum/general/53098-steven4064-brighthouse.html

 

Also I prefer a rather more strongly worded telephone harassment letter - after the preamble about the calls you have recieved:

I would like to point out that this behaviour constitutes harassment under ss1&2 of the Protection from Harassment Act 1997 –

 

1 Prohibition of harassment

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other…

 

2 Offence of harassment

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both...

 

Further, this behaviour is also an offence under s127(2)© of the Communications 2003 –

 

127 Improper use of public electronic communications network

 

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

…

© persistently makes use of a public electronic communications network.

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both...

 

I am writing to you to impress on you the seriousness of your actions. If I receive any further calls relating to this matter, I will give the facts to the local police, naming the [name of company] employees involved and any senior managers I deem to be responsible. I also reserve the right to civil remedy under s3 of the Protection from Harassment Act and also enforcement action under s4 of that Act and s129 of the Communications Act via OFCOM.

 

Please do not phone concerning this matter. If you need to communicate with me, write to the above address. The only correspondence I am prepared to entertain is a confirmation that you are going to cease this campaign of harassment. Any other correspondence will also be deemed to constitute part of the same campaign.

[clemma]

Just need to clear this in my head - by defaulted you mean a default notice or is it something else?

 

As for the arrears, if you have been in arrears AT ALL during the agreement, does this stop the entitlement to hand back the goods after half has been paid off. Or, do you still have the entitlement as long as the agreement isn't in arrears at the time you want to return them.

 

Sorry this sounds rather garbled, but I'm confused

 

Actually, you got me confuddled now... Gonna go and check it out.

 

Lefty

 

Did you ever find out? I don't want to give out wrong information.

[clemma]

Bump - Lefty???

[davey77]

Donza, if the harassment letter doesn't do the trick then try writing and ask why they are deliberately discriminating against someone who has a medical condition (M.E) by failing to communicate clearly/fairly in writing as requested and is this an active policy by their company or just the actions of a rogue and intolerant employee?

 

If the later, does this employee have the tacit endorsement by their company to allow such disadvantaged persons to be harassed on a daily basis and treated unfairly and does their company sanction such prejudiced behaviour?

 

Also, are any of these calls silent automated dialers? Is there always a human being at the other end or does it hang up with nobody there? If so, then a complaint to OFCOM would be in order as they class more than one silent call by a company's computer system within a 72hr period as harassment.

 

Silent calls (when you answer the phone, there is nobody there) | Ofcom