BH are refusing payment

[scorpio09]

I'm having problems wih BH I am 3 weeks behind with payments and have told the manager at my BH store in Bury that I will get my account up to date next Thursday when i get paid as i am paid monthly. Last Sat when i spoke to them they told me not call with a late payment as they will refuse it so i have ignored all calls from them, my husband spoke to them this morning and he told them to stop harrasing me they admitted they have only called my number 30 times this week and that is not harrasement they said they won't accept payment next week and they want the goods back where do i stand.

[Sol]

I would've thought 30 times is harrassment!

[padre]

Scorpio09 here is exatly what i would do Tell them they now have refusedf my money so take me to court DO NOT PHONE OR VISIT ME AS I KNOW MY RIGHTS and i will go to the proper authorities and also phone head office if you do I NOW HAVE NO INTENTIONS OF PAYING YOU AND WILL CONTEST A COURT ACTION .What will then happen is that you will get a letter final demand notice .This they have to send out by law before any court action Don't worry they send hundreds of these out a week but they as yet have.t taken anyone to court for about 4 years now and in almost certain that they won.t take you Be firm in your approach to them Ask them how are they going to get the goods if you have no intentions of giving them back They can't force their way into your house They are 100percent all bluff JUST FACE UP TO THEM AND SEE HOW THEY RESPOND lIKE ALL BULLIES THEY WILL BACK DOWN AND THEN TRY AND GET YOU TO TAKE A RE WRITE otherwise they have lost all their goods Believe me its as easy as that padre

[scorpio09]

thank you for your advice i am really greatful

[plumberjon]

Hi Scorpio

 

This is a typical response from BH as they are always after the FULL balance of arrears, as a part payment still leaves you late.

 

A decent DCA (if there is such a thing) would agree a payment plan with you, but BH are bullies, just like Padre says, and just like you have already experienced.

 

BUT, I'm sorry I have to disagree with part of Padre's approach.

 

Yes you have offered part payment which has been refused, but that is BH's fault, and it will reflect well on you that you have made the offer, and poorly on BH that they did not accept it. For this reason alone, they won't have a leg to stand on if they take you to court. Not that they do. Padre mentioned that they have not done this for 4 years. It's been 6 years sinced I worked there, and even then, the only record I knew of was 2 years old then.

 

However, to use the approach of saying that you now point blank refuse to pay, puts you in a grey area, as this is itself in breach of your obligations under the Consumer Credit Act. In a case like this, it is not enough to simply refuse your obligations because of the way BH have so far acted.

 

If you are going to dispute ANY part of this agreement, you need to keep yourself on the right side of the law, and make sure it is only BH who are tying themselves in knots. I am sure I speak for the Site Team of CAG, when I say that CAG would never recommend a course of action that could potentially put you on this path, and basically break the law!

 

Keep the communication channels open, and preferably solely by writing, that way you have evidence of all communication.

 

PJ

[scorpio09]

thank you for your response. At this moment i have a chap in a white van sat outside my house he knocked on about 15 mins ago i told him nicely i will pay some money off my bill on thursday then i shut the door not sure if they are going to accept it when i go in there but i can only try

[hallowitch]

don't let him into your house he has no legal powers he will be a bright house employee

[padre]

pj you seem to be misreading my intentions and point ,of coure i wouldn't advocate anyone breaking the law the law . the customer is trying to pay. bh refuse the pmnt and in turn intentionally is putting the cust under severe pressure as all she wants to do is pay her account . SOME OF YOUR WAYS AND ADVICE SEEM A LITTLE LONG WINDED AND IN BEING SO DOESN'T ALLEVIATE THE CUSTOMERS WORRIES. YOU know as well as i do that within a very short time the shop will offer the cust a re write getting her back on track with ONE WEEKS PAYMENT .thats what the customer will want rather than a long drawm out scenario of harrassment padre

[plumberjon]

pj you seem to be misreading my intentions and point ,of coure i wouldn't advocate anyone breaking the law the law . the customer is trying to pay. bh refuse the pmnt and in turn intentionally is putting the cust under severe pressure as all she wants to do is pay her account . SOME OF YOUR WAYS AND ADVICE SEEM A LITTLE LONG WINDED AND IN BEING SO DOESN'T ALLEVIATE THE CUSTOMERS WORRIES. YOU know as well as i do that within a very short time the shop will offer the cust a re write getting her back on track with ONE WEEKS PAYMENT .thats what the customer will want rather than a long drawm out scenario of harrassment padre

 

 

I note what you are trying to say Padre, but again I disagree. Exactly what part of.....

Scorpio09 here is exatly what i would do Tell them they now have refusedf my money so take me to court DO NOT PHONE OR VISIT ME AS I KNOW MY RIGHTS and i will go to the proper authorities and also phone head office if you do I NOW HAVE NO INTENTIONS OF PAYING YOU AND WILL CONTEST A COURT ACTION

.....isn't advising someone to break the law?

 

And pardon me for being long winded, but I will never advise someone to do something illegal or otherwise, which will in future harm their chances of defeating these bullies.

 

But like all advice here, I give it, but it's up to the individual how too interpret it and deal with it!

 

PJ

[padre]

PJ, My experience tells me this is an effective way to bring this problem to a speedy conclusion ;and i think most people would see it this way.Forget semantics, this action will resolve the problem in a very short time.. Most people aren't interested in taking on BH they just want their problem to go away.However,how many times has the customer to keep offering monies that is going to be knocked back.She is not breaking the law in any way, on the contrary she is using the law. Ihave witnessed this happen on many occasions and the company will always back down as i am sure you have witnessed yourelf. PADRE

[clemma]

There is a lot of arguing happening on this thread which does not help the OP.

 

You have said that they have been coming to your house. They are 100% Brighthouse employees and have zero rights to access your home. Send the following letter (recorded delivery) to head office and your local branch.

 

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

 

Keep a copy by your front door as well. If they come again, give them a copy and slam the door. If they refuse to leave, then call the police (not 999) and tell them you have a trespasser who refuses to leave your property.