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    • I've trawled through the BCOBS material which is a mine field in its self! So, I hope I am the right track. As always, your help and guidance is appreciated greatly!   I see below possible causes for action.   BCOBS  a. Failure to communicate properly  FOS found that Tesco took the decision to place the markers and close the account without ever speaking to me.   Tesco have acknowledged that they have not acted in compliance with the GDPR in this case as they did not discuss their concerns with me before the CIFAS marker was applied   Tesco Bank have accepted that this was not fair and have now changed their process as a result in order to prevent any reoccurrence of this issue.   PRIN 2.1 The Principles A firm must pay due regard to the interests of its customers and treat them fairly.   FOS found that Tesco bank did not carry out a sufficient investigation thus not treating me fairly.   Tesco have acknowledged that they have not acted in compliance with the GDPR in this case as they did not discuss their concerns with me before the CIFAS marker was applied   failure to produce the review which effectively recommended that the marker was not placed against you – was unfair. – Tesco have found that “we’ve not been able to locate a copy of this email”   failure to produce new DSAR – Tesco response - “a full new DSAR. Under the GDPR regulations there’s no requirement for us to provide you with information/documentation we’ve already sent”     BCOBS 5.1 Post sale requirements 5.1.1   Failure to follow correct procedure and rules – ICO and FOS findings on unfair treatment   Notes;   Also, I was thinking surely, they should have made the account dormant it was never used and hadn’t been for well over a year.   Tesco permitted a payment to be paid out of the account even though the account was unused for a considerable period and had no pattern of funds going into it. Was irresponsible for the Tesco to pay out against what was essentially a dormant account leading to personal data been processed unfairly resulting in a CIFAS being being filed
    • Yes that's right sorry my fault re the SAR would you suggest I request the SAR now and wait till just before 11th May to reject so I can make an informed decision regarding which route I should then take with Aviva and int he meant time I will get a chronological order of events sent across to you or I can attach to this feed 
    • I think it would be best to wait for the expiry of the 14 days. There's not long to go anyway. Are you completely ready to click off on day 15?
    • Also, I think you should certainly start sending SARs out to a number of people. Send one to Aviva send one to the FOS also are we able to identify anybody else's got any records of attempts apparently by you to ask for credit or asked for insurance et cetera? In addition to identifying those in your chronology, maybe you could list out any of them that you are aware of now – and sent them SARs. Of course what would be very funny would be if you sent an SAR to Aviva and they declined to provide you with the data on the basis that you are not the data subject. I think we need to do a lot of information gathering – and incidentally, if you want to challenge this then I think you are going to have to end up going to court.
    • Okay. You meant SAR – not SRA. I think that when you decline the ombudsman's decision, that you should send a letter which at least they will have on file which will object to the decision and at least your objections will go into their file.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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Bright House help please, ppi and dlc misssold.


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2ltre16valve By all means go ahead with your claim and i genuinely hope with come out on top, however i was just pointing out the pitfalls. The fact that OSC is really plastered all over the shops and that the PRICING TICKETS have two prices on them one with osc one without i would suggest a judge would find it hard to agree with you. As for Leftys other point you suprise me that you feel this could be their downfall. Again as stated previously the company feel very much that they can justify this as it is not just a warranty but gives much more cover than the normal warranty. Warrantys of all discriptions have always been a contentious issue and i have listened to many a debate on radio about them but they are still here.i have always said that the DLC issue would be more harmful to the company

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2ltre16valve By all means go ahead with your claim and i genuinely hope with come out on top, however i was just pointing out the pitfalls. The fact that OSC is really plastered all over the shops and that the PRICING TICKETS have two prices on them one with osc one without i would suggest a judge would find it hard to agree with you. As for Leftys other point you suprise me that you feel this could be their downfall. Again as stated previously the company feel very much that they can justify this as it is not just a warranty but gives much more cover than the normal warranty. Warrantys of all discriptions have always been a contentious issue and i have listened to many a debate on radio about them but they are still here.i have always said that the DLC issue would be more harmful to the company

 

OK, let's take a typical agreement spread over two years (104 weeks) with OSC added...

 

As you say, OSC is more than just a warranty - it has other benefits (alegedly!) mainly the provision to return an item, without financial penalty, if you need to. YOU CAN DO THIS ANYWAY AFTER HAVING PAID MORE THAN HALF OF THE AGREEMENT! So, after year one, you are being "charged" for a "service" that is already one of your rights under the Supply of Goods Act (Implied Terms) 1973.

 

And, as for the "warranty" side of it, new products are covered by a manufacturers warranty (which is in addition to your statutory rights) meaning, during both year one AND year two, you are being "charged" for a "service" that is already one of your rights under the Supply of Goods Act (Implied Terms) 1973.

 

OSC is absolutely WORTHLESS! Period!

 

And, I have noticed the way the word "optional" has gradually been disappearing from all point of sale literature just recently... :cool:

Cheers

Lefty

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I wouldn't quit, and nor is the OP "ahead". He's hundreds of pounds out of pocket with OSC payments on a "policy" that was mis-sold. And, as for "not finding any evidence of being forced to take these products" as stated in the OP's letter simply means, "It's your word against ours, buster!"

 

I firmly believe that the issue of OSC is where BrightHouse will finally get their come-uppence in court. So keep fighting!

 

 

Cheers

Lefty

 

I sure will keep going :) was mis-sold simple :) @ £2.15 p/w I think, over 52 weeks thats over £100... for something the soga covers !

 

You mean let them off the hook,i think not

 

Would BH do that?

 

I dont think they would somehow.

 

2ltre16valve By all means go ahead with your claim and i genuinely hope with come out on top, however i was just pointing out the pitfalls. The fact that OSC is really plastered all over the shops and that the PRICING TICKETS have two prices on them one with osc one without i would suggest a judge would find it hard to agree with you. As for Leftys other point you suprise me that you feel this could be their downfall. Again as stated previously the company feel very much that they can justify this as it is not just a warranty but gives much more cover than the normal warranty. Warrantys of all discriptions have always been a contentious issue and i have listened to many a debate on radio about them but they are still here.i have always said that the DLC issue would be more harmful to the company

 

 

OSC is not plastered all over the two shops I have been in, nor is it described as "Optional" either. Yes it is on the pricing tickets, but when I was present I made sure it was not on the contract ! when she was on her own she was not asked if she wanted either ! and knew no different until I checked.... Yea it does do much more, covers BH's contract so they get paid !

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And, I have noticed the way the word "optional" has gradually been disappearing from all point of sale literature just recently... :cool:

 

Cheers

Lefty

 

 

It has indeed, as per my scan above... its mentioned ONCE in the whole leaflet... and certainly not on the front where the writing is LARGE ! = misleading

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If you wernt asked then its missold is it not.

We all know they dont ask.I have five accounts with them and with the first one they told me that the OSC is the ONLY warranty on the good that they sell and on the other four accounts it was just added as a matter of course with no mention what so ever.

 

I must add that at that time i knew nothing of consumer law and thought why would a company lie.I now know different and have become a thorne in there side at the moment.

 

You must go on as its a useless cover that just serves to line BH pockets

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If you wernt asked then its missold is it not.

We all know they dont ask.I have five accounts with them and with the first one they told me that the OSC is the ONLY warranty on the good that they sell and on the other four accounts it was just added as a matter of course with no mention what so ever.

 

I must add that at that time i knew nothing of consumer law and thought why would a company lie.I now know different and have become a thorne in there side at the moment.

 

You must go on as its a useless cover that just serves to line BH pockets

 

 

indeed, we shall go on :) just need to know what definite steps we should take now.

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The fact they have sent you a letter with there final responce means that they will now ignore you unless you get heavy.

Report to FOS or LBA and then court.It will be the only course you can take now i think.History dictates that BH dont want to go to court.

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The fact they have sent you a letter with there final responce means that they will now ignore you unless you get heavy.

Report to FOS or LBA and then court.It will be the only course you can take now i think.History dictates that BH dont want to go to court.

 

 

Ok, So will LBA as found fos pretty useless as many other have. What would I put in the LBA as grounds etc ? could anyone help with a template please

 

Thanks

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I know what you mean,FOS are soooooooooooooooooooo slow.

 

I cant help with wording of your next letter,you need someone far more articulate than me but what i will say and i am sure others will too is if you LBA them be prepared to follow through so to speak.

If you think you wont bother with court then dont LBA them.

 

Having said that i have every confidence you will take it to the end.

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I know what you mean,FOS are soooooooooooooooooooo slow.

 

I cant help with wording of your next letter,you need someone far more articulate than me but what i will say and i am sure others will too is if you LBA them be prepared to follow through so to speak.

If you think you wont bother with court then dont LBA them.

 

Having said that i have every confidence you will take it to the end.

 

 

Have the court forms here already lol :)

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LEFTY.Iwas'nt trying to justify theOSC i was just pointing out that this product of the business does'nt hold any fears for the company .has been about now for 16years and i am sure that the TRADING STANDARDS are well aware of it and no doubt you yourself may have braught it to their attention .If they have had any concerns they certainly haven't informed the company and this is a company who consider themselves to have a very good relationship with TRADING STANDARDS. There are other aspects of PSC .You can't hand your tv back to comet after a period ofsay 2/3 months and expect them to take it back .You cant ask them to pick up and hold your tv until you get back on your feet and start of were you finished .You would'nt get a loan of a tv of them when they take away your to be repaired.Its extras like these that give the company confidencein their product. 2LTRE16VALVE is at a dissadvantage right away inthat he/she signed the agreement form and signd the box were it highlights osc . The company in common with all big business can hire the best legal representation and it cost money to fight a court case and i sincerely hope he wins it

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2LTRE16VALVE is at a dissadvantage right away inthat he/she signed the agreement form and signd the box were it highlights osc . The company in common with all big business can hire the best legal representation and it cost money to fight a court case and i sincerely hope he wins it

 

Not quite, there is NO box that highlights osc or even dlc at that ! there is only one signature.... yes there are two tiny... boxs with a tick in... does not say your agreeing to them, but the contract....

 

Hi, I tried to get my dlc removed but i have the wrong sort of home insurance..... they say i am not covered for 3rd party pay out direct to them is this correct?

 

Max

 

They tried this with us mate, and 6 months later proved them wrong and got more than to send us a letter and BH a letter stating that we are covered.... in effect, my insurer would replace any item... so the contract would not be affected with BH... if they could not replace the item they would pay the finance.

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LEFTY.Iwas'nt trying to justify theOSC i was just pointing out that this product of the business does'nt hold any fears for the company .has been about now for 16years and i am sure that the TRADING STANDARDS are well aware of it and no doubt you yourself may have braught it to their attention .If they have had any concerns they certainly haven't informed the company and this is a company who consider themselves to have a very good relationship with TRADING STANDARDS. There are other aspects of PSC .You can't hand your tv back to comet after a period ofsay 2/3 months and expect them to take it back .You cant ask them to pick up and hold your tv until you get back on your feet and start of were you finished .You would'nt get a loan of a tv of them when they take away your to be repaired.Its extras like these that give the company confidencein their product. 2LTRE16VALVE is at a dissadvantage right away inthat he/she signed the agreement form and signd the box were it highlights osc . The company in common with all big business can hire the best legal representation and it cost money to fight a court case and i sincerely hope he wins it

 

The product is rubbish but the issue is not so much as what it does but how its sold.

Most people and until recently that included me know nothing of consumer law and sevice contracts and BH know this.Forget the so called training and the sit down and explain the product rubbish as this dont happen.Get them to sign for as much as you can get away with seems to be the norm.

Although it pains me to say this,to be fair its not only BH that do this,just look at the big institutions and the PPI con.

I have my own thread so am not highjacking this one but as an example BH told me that the products they sell dont have manufactures warranty because BH have so much buying power that they buy without.Now i am an electrician and what BH said to me sounded feasable,why not,it makes sense,they must buy loads of stuff and they are very helpful in here so were do i sign.They must have been laughing for a week when i left.

Its like a infection through the whole outfit and thats the problem.

 

Sorry,rant over.

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My insurance company wont pay them direct they will pay me if i make a claim, so BH said this not acceptable cover, it has to pay them direct....so i have to have it ??

 

Are they moving the goal post so far you cant reach them?

Will insurance companies pay a third party for contents?

Even car insurance is paid to the person claiming even if its not you if you know what i mean.

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yeh they have moved the goal post,now ive bought it in, i said the contract is between me and you and were i to claim i would simply pay off the debt... they said i cant do that. They want paying direct..... they told me other insurance companys have this cover, wasn`t sure if they were pulling my chain or not :confused: but i no wat you mean !

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yeh they have moved the goal post,now ive bought it in, i said the contract is between me and you and were i to claim i would simply pay off the debt... they said i cant do that. They want paying direct..... they told me other insurance companys have this cover, wasn`t sure if they were pulling my chain or not :confused: but i no wat you mean !

 

 

Pretty sure they are talking crad mate ! for the simple reason of, my insurance will pay me out.. or replace the item, then I clear the debt. What matters is the item is covered and would be paid for. I had to get a letter from my insurer, they even faxed a copy to BH as they were trying to argue it with me.... If you can cancel yours if they really do not provide cover for hp items in the way BH (think bh are lieing here).... then go to morethan.... :) who I am with.

 

I had to go through head office and make a complaint to get ours taken off that should of been done in Jan/Feb time.... ! keep at them mate.

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Pretty sure they are talking crad mate ! for the simple reason of, my insurance will pay me out.. or replace the item, then I clear the debt. What matters is the item is covered and would be paid for. I had to get a letter from my insurer, they even faxed a copy to BH as they were trying to argue it with me.... If you can cancel yours if they really do not provide cover for hp items in the way BH (think bh are lieing here).... then go to morethan.... :) who I am with.

 

I had to go through head office and make a complaint to get ours taken off that should of been done in Jan/Feb time.... ! keep at them mate.

 

Will do, i wont let this rest if they are in the wrong !!!!! :cool:

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Will do, i wont let this rest if they are in the wrong !!!!! :cool:

 

As I say mate, get onto head office if the store are talking out their back end... seems thats all they are trained to do in store once you have signed ! found they are full of s....! once you sign your agreement.

 

I refused to make any payments until they pulled their fingers out each others back ends, that was the Saturday... got a grovelling phone call the Monday to go and sort things out :)

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I have spoke with my insurance company after being told the same thing Madmax.. my insurance company will not payout to a 3rd party, only to me.. so im a bit stuck also.. Head office have said exactly the same thing as what instore told me..

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I have spoke with my insurance company after being told the same thing Madmax.. my insurance company will not payout to a 3rd party, only to me.. so im a bit stuck also.. Head office have said exactly the same thing as what instore told me..

 

If this is the case are they engineering the situation to force you into there over price one sided cover,it seems like it to me.

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Until we can provide proof that the insurance company will pay direct to them then we have to take out DLC.. I HATE paying it, luckily our contents insurance is up for renewal next month and i have seen from previous threads Tesco insurance will payout.

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Until we can provide proof that the insurance company will pay direct to them then we have to take out DLC.. I HATE paying it, luckily our contents insurance is up for renewal next month and i have seen from previous threads Tesco insurance will payout.

 

I would make an official complaint mate, my insurance WONT pay BH direct, I dont think any would ! their customer is you, not BH... so they would pay you, and you would need to pay BH.

 

The other point is, the insurance are more than likely to replace the item... thus the contract continues as normal ! I bet BH have not covered this.

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What are the chances of having the DLC refunded?? On the insurance cover note it says we have been covered since November 2008, therefore did not need their useless DLC...

 

I will take the cover note back in to store on Saturday.

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