Help Removing Osc

[jan7777]

Hi

My friend pays £93.00 per week to brighthouse and has got herself in a complete mess with charges for late payments etc.

She is a single mum with a teenage son who suffers badly from attention deficit disorder.He is constantly hard work and can be violent towards her and damages the house if bored.

All the purchases from Brighthouse are items with which to keep him entertained.

He is on medication but it has its problems to say the least.

Untill somebody has a personal insight into ADHD please don't underestimate the condition and the effects it has on people caring for them !

Firstly Brighthouse should never allowed her to take on this many agreements knowing full well her income was not enough for her to live on and make payments of £93.00 per weeki.

Before anyone else says it ...She should never have got into the situation and i 100% agree in hindsight !

Brighthouse are aware of the situation regarding her son and regularly phone her offering new products which unfortunatley have put her in really serious debt.She has missed 2 payments in 3yrs and each occassion they have harrasessed her by phone and added loads extra to her next payment.

Im trying to help her cancel her optional cover so her payments can reduced but they have never given her a copy of the agreements only a statement now and then which says shes paying optional service cover but doesn't specify any amount !

She has asked 3 times for copies of the statements and they keep fobbing her off saying they are to busy.

If there is a legal letter to request the agreenment copies or any other help please let us know ?

All help will be sincerly appreciated .

Edited February 6, 2010 by jan7777
grammar and repeated 3 times

[Lefty]

Hi

My friend pays £93.00 per week to brighthouse and has got herself in a complete mess with charges for late payments etc.

She is a single mum with a teenage son who suffers badly from attention deficit disorder.He is constantly hard work and can be violent towards her and damages the house if bored.

All the purchases from Brighthouse are items with which to keep him entertained.

He is on medication but it has its problems to say the least.

Untill somebody has a personal insight into ADHD please don't underestimate the condition and the effects it has on people caring for them !

Firstly Brighthouse should never allowed her to take on this many agreements knowing full well her income was not enough for her to live on and make payments of £93.00 per weeki.

Before anyone else says it ...She should never have got into the situation and i 100% agree in hindsight !

Brighthouse are aware of the situation regarding her son and regularly phone her offering new products which unfortunatley have put her in really serious debt.She has missed 2 payments in 3yrs and each occassion they have harrasessed her by phone and added loads extra to her next payment.

Im trying to help her cancel her optional cover so her payments can reduced but they have never given her a copy of the agreements only a statement now and then which says shes paying optional service cover but doesn't specify any amount !

She has asked 3 times for copies of the statements and they keep fobbing her off saying they are to busy.

If there is a legal letter to request the agreenment copies or any other help please let us know ?

All help will be sincerly appreciated .

 

Hi

 

Your friend's BrightHouse store can EASILY provide duplicates of her agreements. That's total rubbish. You could go down the road of formally requesting them in writing, but it is so much easier to just get the store to print them for you. Perhaps calling in on a quiet day (Wednesday morning perhaps) would be a good idea?

 

As for the rights and wrongs concerning the high amount of credit your friend appears to have, it is not for me to comment. Yes - I agree that BrightHouse DO dish out expensive credit agreements like penny sweets, but your friend could always have refused?

 

Anyway - let's see what we can do to make things a bit easier for her, and make her weekly payments more manageable...

 

For a start she is probably paying for TWO (not one) add-on policies. Optional Service Cover AND Damage Liabilty Cover. The former (OSC) can can be removed very easily, but the latter (DLC) will require your friend to have suitable home contents insurance in order for it to be removed. If your friend DOES have home contents insurance - and it covers her for "items subject to Hire Purchase agreement for which she is responsible for" then adapt the template letter (below) to include DLC as well.

 

Send Record Delivery to:

 

Caversham Finance Ltd,

5 Hercules Way,

Leavesden Park,

Watford

WD25 7GS.

 

(and also copy to your local store)

 

Item Description/Account Number XXXXXXXXXXXXXXXX

 

Dear Sir

 

I am writing to give the required 7 days notice, as detailed in my agreement(s) that I wish to cancel all "optional" service cover on the above product(s). To simplify matters, I have today (date) presented a copy of this letter to the store manager of Brighthouse (Branch), which has been duly acknowledged, so 7 days notice shall commence at the date of this letter.

 

As stated in my agreement:

 

“Your Obligations: Optional Service Cover

Section C (b) The service cover premium is renewable each time your regular instalment is due under the agreement. If the premium is not paid Service Cover will lapse.

 

Section H (3) This policy shall continue in force until you give seven days notice…”

 

I shall, therefore, be making my next payment on (day) at Brighthouse (branch). This payment will not include "optional" service cover.

 

I understand that I may be required to sign a revised agreement. I will only do this on the firm understanding that all payments made previously on this agreement are reflected in any revised agreement. I do not waive any of my rights under the Consumer Credit Act 1974 regarding, in particular, “early settlement” and “repossession” as set out in section J of the original agreement.

 

Kind Regards

You

 

BrightHouse absolutely WILL will require your friend to sign new agreement(s), so it is VERY important is that all payments made to date are reflected in her new agreement(s), and any goods originally described as NEW continue to be described as NEW... so also be armed with the following letter (also reproduced below), and request both she and the store manager sign it: (Allow the store to take a photocopy for their records)

________

 

Original agreement number XXXXXXXXXXXXXXXX

 

New Agreement number XXXXXXXXXXXXXXXX

 

Date

 

Updated agreement to reflect Removal of OSC

 

IMPORTANT Payments made previously on this agreement (XX payments to date representing XX of the total amount payable) are to be reflected, and form part of, any revised agreement.

 

Goods described as NEW on the original agreement must continue being described as new on any revised agreement

 

I will only sign a revised agreement on the firm understanding that the above two requirements are agreed.

 

I do not waive any of my rights under the Consumer Credit Act 1974 regarding, in particular, “early settlement” and “repossession” as set out in section J of the original agreement.

 

Signed - YOU

(Print name)

 

Signed - Store Manager (for and on behalf of Caversham Finance trading as BrightHouse)

(print name)

 

_____________

 

Chances are her store will refuse to sign (or even acknowledge the letter) but your friend should stick to her guns. If the store STILL refuse to aknowledge and sign the letter (additional contract terms) then she should refuse to sign any new agreements, making it clear that - as far as she is concerned - no further OSC payments will be made. SHE MUST NOT REFUSE TO PAY HER REGULAR HIRE PURCHASE AGREEMENT.

 

She should quote section 4 (f) of their own terms and conditions, which states:

 

"...STATUTORY UNDERTAKINGS - It is our intentions to rely on the written terms set out here. If you require any changes, please ensure you ask for these to be put in writing before you sign the Agreement. In that way any misunderstanding surrounding your obligations or ours can be avoided..."

 

It all probably sounds a bit "over-the-top" but this is in your firend's best interest. Her HIRE PURCHASE agreement(s) does not need to be changed in any way just to remove the OSC element.

 

Keep us posted if you have any problems!

 

 

Cheers

Lefty

 

 

(PS -I have deleted your duplicate post in the forum "sticky" section... just so as you know.