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    • So a bit of an update as I haven’t posted for a while   I have received a court date of the 14th of Feb 2020 (maybe they will take me for a nice meal afterwards?) so I am starting to prepare my witness statement.    today I have received a letter from BW legal in response to my CPR letter yet again ignoring the fact that their T&Cs do not cover double parking. They are also now starting to hint that I was parked out of the bay yet the images provided on their evidence of the three tickets they are claiming for don’t evidence this as they are such bad quality.  stapled to the back of this is another letter. As a “gesture of good will”, the client is offering an out of court settlement figure of £500 payable in the next 5 days. Me thinks they are starting to realise they may not have a leg to stand on here!
    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
    • Hi Everybody I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.   Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.   However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.   When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).   He left me a "Notification of Enforcement agent visit" sheet of paper.   From the first paragraph it says:   "As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"   Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?   tia Bear
    • I should add I only got the CCA response last week after waiting nearly a month over the prescribed time limits to respond. PM
    • Thanks, I thought that might be the case.  J
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I am 34 weeks pregnant with my first child and I know it's irrevelant but i suppose it might help you understand the story better.

My so called partner just left me to deal with a new baby on my own so I have been trying to deal with this emotionally AND financially.

I have a frost free fridge freezer from Bright House which I suspect uses a lot of energy! My electric bills have been very high since I got it! But anyway I missed three payments of £6.38, that eventually added up to roughly £23 (including late payment charges). Last weekend I was going to go down to pay them but before I could, lo and behold I see a calling card saying they had visited my home!!!!

I was fuming and refused to contact them after that. A few days later I got home struggling with my cotbed when some idiot who said he was from Bright House was near my door. I told him I'd alredy paid and if he didn't get the hell off my property I'd call the police!

He said that he had every right to be there! Can you imagine??

 

Isn't this trespassing? Am sure these people are breaking the law!

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Where on your property was he? If he was going up to knock on the front door there is nothing stopping him its accessible from a public right of way and would have no private property signs (I assume) and he would have been conducting business anyway, anywhere else on the property would be trespass.


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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the building operates on an electronic door system. You need to press a buzzer to get in. He was standing in front my door with his finger on the bell. I have no idea how he got in.

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It could be a mixture of pressing the trade button which works at certain times of the day, or someone else letting him in. As I am guessing that this only leads up to your property you would have to speak to the building management. In my opinion he wouldn't be liable for trespass from yourself unless he entered your property.


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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I am 34 weeks pregnant with my first child and I know it's irrevelant but i suppose it might help you understand the story better.

My so called partner just left me to deal with a new baby on my own so I have been trying to deal with this emotionally AND financially.

I have a frost free fridge freezer from Bright House which I suspect uses a lot of energy! My electric bills have been very high since I got it! But anyway I missed three payments of £6.38, that eventually added up to roughly £23 (including late payment charges). Last weekend I was going to go down to pay them but before I could, lo and behold I see a calling card saying they had visited my home!!!!

I was fuming and refused to contact them after that. A few days later I got home struggling with my cotbed when some idiot who said he was from Bright House was near my door. I told him I'd alredy paid and if he didn't get the hell off my property I'd call the police!

He said that he had every right to be there! Can you imagine??

 

Isn't this trespassing? Am sure these people are breaking the law!

 

 

 

 

In commom law their is only an implied right of access, what this means is you have a right to withdraw that right. Send a letter to the company stating you are withdrawing their implied right of access to your door. Let us know how you get on..

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yes i sent a letter to them last week Saturday via first class mail. They have yet to reply. The gentleman who came was trying to bully me to come into my house even though he had called the office...who confirmed that I'd paid the bill. This guy was hell bent on trying to come in! When he realised he was getting no where he said 'Yes well you're loan is up to date. But I will be waiting here in future.'

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When did you get the fridge freezer? I only ask as if you have paid more than 1 third of the agreement Brighthouse cannot reposess it without a court order.

 

I would suggest that you write to Brighthouses head office and to the store manager explaining your problem to see if they will help.

 

Sorry for your partner leaving you. I was in the same position 10 years ago when my ex left me but i have brought our daughter up on our own.

 

If there is anything else we can do then just ask.


:cool::cool: Blondmusic :cool::cool:

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thank you very much Blondemusic. I purchsed the fridge in April this year so i guess thats why they are behaving this way.

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yes i sent a letter to them last week Saturday via first class mail. They have yet to reply. The gentleman who came was trying to bully me to come into my house even though he had called the office...who confirmed that I'd paid the bill. This guy was hell bent on trying to come in! When he realised he was getting no where he said 'Yes well you're loan is up to date. But I will be waiting here in future.'

 

 

 

The guy that turned up might have been on commission only..

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Is it on a 2 year or 3 year agreement? 156 weeks is a 3 year agreement and 104 weeks is a 3 year agreeement. If it is only a 2 year agreement then they cant take it back without a court order.

 

Have you paid it up to date since?

 

Are you paying Optional Service Cover for the Fridge Freezer? If so then i suggest you cancel it (See Lefty's Brighthouse Factsheet Sticky for the letter) and that will save you some money.


:cool::cool: Blondmusic :cool::cool:

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CAG BrightHouse Fact Sheet HERE

 

But, if you're in a hurry, here's the bit you need...

 

Cheers

Lefty

 

 

 

If you have paid more than one third of your agreement total, BrightHouse must seek a court order before they can re-posses their goods – which are now considered as “protected goods”. (Note - if, after one third of the agreement total has been paid and BrightHouse do re-posses their goods without a court order and without your permission, then Brighthouse are in breach of their agreement and you are entitled to claim back all payments made previously on it.)

 

Even if you have NOT paid more than one third of your agreement total, BrightHouse must still seek a court order (return order) to re-posses goods from your home - even then they cannot forcibly enter. They can, however, re-posses their goods if they are in a public place.

 

If BrightHouse do decide to apply for a re-possession order (or return order), you will be notified of the hearing date and you will have the opportunity to put your case forward in court. If you want to keep the goods (and continue with your agreement) you must show the court you can still afford the repayments, and you should make a reasonable offer to reduce your arrears. The court will make a judgement and, if acceptable, order BrightHouse to accept your offer.

 

If you have paid more than half of the instalments on your agreement you may, if you wish, return the goods voluntarily and without any penalty.


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yes my payments are up to date. i sent a letter in September to remove the optional cover but they ignored my letter! they claimed that they were under new management and the letter had got 'lost'.

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