cmf118 v Brighthouse

[cmf118]

im in a similar situation,i got a tv and cooker in april 2008,and also a laptop which has unfortunately has been stolen out of my car :-xi have just been made redundant,meaning its either brighthouse or my gas and electric,food etc,i have been led to believe that if you have paid a 3rd of then there,s not alot they can do, i can not afford the payments of 70pounds per fortnight and i am now at my wits end,with worry as the payment is now due on Saturday and i know i can not afford it,can they get court bailiffs?? and how can they retrieve a laptop which has been stolen,and also the other items which i have been paying for 16 months,any advise i would be extremely grateful for...(pref before saturday ha)

 

with thanks..a very worried cmf

[dx100uk]

im in a similar situation,i got a tv and cooker in april 2008,and also a laptop which has unfortunately has been stolen out of my car :-xi have just been made redundant,meaning its either brighthouse or my gas and electric,food etc,i have been led to believe that if you have paid a 3rd of then there,s not alot they can do, i can not afford the payments of 70pounds per fortnight and i am now at my wits end,with worry as the payment is now due on Saturday and i know i can not afford it,can they get court bailiffs?? and how can they retrieve a laptop which has been stolen,and also the other items which i have been paying for 16 months,any advise i would be extremely grateful for...(pref before saturday ha)

 

with thanks..a very worried cmf

 

yo need to start your own threaad....

 

no good hi-jacking someones elses esp one that been dead a good while

 

i'll get this msg moved to a new thread for you.

 

in the meantime, do a bit more reading....esp about bailiffs...they CANNOT ever do that.

 

dx

[saintly_1]

Moved to a thread of your own cmf

 

saint

[dx100uk]

this laptop, were you paying insurance on this with them? have you got house ins?

could be a claim awaiting there?

 

help will be with you soon about the rest

 

dx

[cmf118]

not got house insurance unfortunately,but have been making them daft insurance payments to b,house,but that clearly means nothing when it comes to brighthouse as they seem to make up the rules as they go on...but what i aint got they cant take,just worried about my tv as iv been paying for that for 16 months,and there,s no way im letting them in to remove it,im just in the situation where i dont know what to say to them tomorrow other then im in financial difficulties,but all they will say to that is we will be coming to collect goods blah blah blah..what happens after they have rung you,do they turn up,trying to kick the door in,and if they do go to court do i have an option of making smaller payments or do i have to give the goods back,all help is appreciated as the clock is ticking,ps sorry dx did not realise was using someone else,s thread and thank you saint for moving it,thanks for the help guys

[clemma]

It seems you have paid more than one third of the agreement on the TV. If so, they need a court order to repossess your goods. Before they do this, they have to issue you with a default notice and give you the statutory 14 days to rectify the problem. Only then could they pursue a repossession order. This is unlikely as BH generally do not take people to court.

 

If they turn up at your door and make threats, hand them the following letter

 

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

 

If they attempt to kick your door in (unlikely) then contact the police as this is criminal damage. They are NOT bailiffs - only a court can send bailiffs. If they will not leave after you have handed them the letter and/or told them to sod off, then contact the police (non-emergency number) and ask them to attend as you are being threatened. Trust me, BH have absolutely NO rights to enter your home whatsoever.

 

As for reducing your payments, you may be better writing to them (and head office) as it is likely they will say no to any payment plans. You can try phoning them if you wish, but as you have already stated, you know they are just going to threaten you with all sorts.

 

On the very slim chance this went to court, a judge would only order you to pay what YOU can afford, not what BH want. This is why they rarely take people to court.

 

You say you have the insurances as well - cancel the OSC asap and also the DLC (if you have home insurance that covers HP items). If you need the letter to do this, then post on here, and I'll post it up for you.

[cmf118]

Thanks clemma,

i paid them £40 odd today as i didnt read this untill now,but that will now be there final payment from me as i am now,broke..i asked them why does,nt there insurance cover redundancy,loss etc and more to the point what does it cover,and their answer was ,break down,and accidental damage,and theft aslong as they can say in there eyes that the theft is not your own fault,so as for laptop being left on train,thats my own fault and all they can do is knock the price of the insurance of saving me £3 per week,and i still have to pay the rest,so im not much better of,my advise to anyone who wants something is save up for it and not go through the stress of all this,at the end of day the very worst they can do is take the tv and cooker..if they do that,well ill be able to save up and buy one and save quite a few quid,ill keep you informed,as i think ill be hearing somewhat more this coming week,once again,i thank you all for your help,you dont realise how much better you make people feel with your advice and i appreciate you all...

[dx100uk]

hey

dont even let the leeches get you down

 

dx

[cmf118]

cheers dx,its hard when there pulling the strings tho innit,anyway thanks again,ill keep you all informed,glad i found this site

[cmf118]

well had another phone call from store manager today,told them ,still aint got no money,he says hes ronging me back towards end of next week,ive made my mind up,if they want goods back,they can take me to court,and ill make a payment offer of what i can afford as i can not make the payments they are asking me to make,and i am 2 years into this stupid agreement,ill keep you posted guys..if anyone has any suggestions please let me know,cheers everyone.

[cmf118]

they have rung once again,this time threatening to send there collectors around.was very abrupt with me even though i tried making a payment arrangement,so i will be passing them a note,which you have put on my page,as im not into bullys in any way shape or form,wish me luck guys as its gonna be an eventful weekend ,if anyone has any more advise please leave it on here for me.thanks

[clemma]

Like you said - just give them the note and tell them to foxtrot oscar. They have no right to be there, and if they refuse to leave then call the police (non-emergency number).

[cmf118]

That,s what i intend doing,cant believe there not happy to just wait 2 weeks,until i get my first pay as i am starting a new job,the manager was saying im not at all happy??? wtf like i am,and i cant understand these people who dont realise getting a job in the current climate is actually an achievement in itself,if they want to go down that route then so be it,as i am not scared,and i have told them im more then a 3rd into my agreement,which i got a prompt reply not on the laptop,(which was lost and they know that) ,the next thing i hear is my boss will not think im doing my job properly,if you dont pay this week,expecting me to give over my rent money..which is a no no,cheers 4 your reply