Advice/help Re: a current brighthouse problem.

[Martin.M]

Hi.

First time poster but long time peruser.

 

I have a contract with brighthouse which I've had only since mid 2010. It involves a tv at table and a sofa of which the cost is £50 pw.

 

I've never had trouble paying and I'm always on time. However, my partner whom works as a nurse via agency had a one week spell of no work hours at all due too thing outwith her control and subsequently missed a weeks payment.

 

Then last week we had to miss another as an important energy and tax bill came and it was not viable to pay the areas so that's another £50 missed bringing the total too £100 but with late fees it now stands at £128 if memory serves me.

 

They want me too pay it all off this week plus next weeks £50 but as I found myself in a slight hole this amount for us is not doable.

 

I know they will want there goods back but I don't want them taken away as we have paid a good few hundred towards each item.

 

Is there a way I can have them accept this coming weeks cash and extend the deal by a further 3 weeks so a too bring myself online with the original contract? Is this something they will actively encourage if I'm finding it hard to recover the situation o losing a weeks wage?

 

What are my options? I really want to uphold my agreement because it's really my only sorce of credit at this time in my life. I just know I cannot pay what's required to mend it.

 

I also have had them visit me on 2 occasions thus far and on average I've had 10-15 calls per day! I understand I signed up for this but surly I have some rights?

 

So yes I don't want too lose my goods as for the cash I've outlayed so far I could actually have bought all 3 items elswhere but at the same time I know I won't be paying what's expected come Saturday

 

It's quite amazing the bother you can get into over 1 missed payment yet seeing it snowball. Really need help here guys.

 

 

Martin.

[rebel11]

Hi Martin

 

Welcome to CAG

The guys will advise as soon as they are available.

 

Heres some info in the meantime:- http://www.consumerdirect.gov.uk/after_you_buy/money_and_credit/

[Martin.M]

Thank's rebel I will take a long look through their information.

 

Really just want to know where I stand with regards too losing my items if I can't aford the areas or whether I can renegotiate at a fair outcome ie: have my areas added on at the end of the current contract ect.

[Martin.M]

Should point out actually.. I've had my items since the beginning of 2010 and not mid 2010 as I stated previously.

 

Not sure if I've paid a third yet or not I'll have to calculate that but I do know it's been close to £1000 which makes it hard to 'give them up'

[Lefty]

Hi.

First time poster but long time peruser.

 

I have a contract with brighthouse which I've had only since mid 2010. It involves a tv at table and a sofa of which the cost is £50 pw.

 

I've never had trouble paying and I'm always on time. However, my partner whom works as a nurse via agency had a one week spell of no work hours at all due too thing outwith her control and subsequently missed a weeks payment.

 

Then last week we had to miss another as an important energy and tax bill came and it was not viable to pay the areas so that's another £50 missed bringing the total too £100 but with late fees it now stands at £128 if memory serves me.

 

They want me too pay it all off this week plus next weeks £50 but as I found myself in a slight hole this amount for us is not doable.

 

I know they will want there goods back but I don't want them taken away as we have paid a good few hundred towards each item.

 

Is there a way I can have them accept this coming weeks cash and extend the deal by a further 3 weeks so a too bring myself online with the original contract? Is this something they will actively encourage if I'm finding it hard to recover the situation o losing a weeks wage?

 

What are my options? I really want to uphold my agreement because it's really my only sorce of credit at this time in my life. I just know I cannot pay what's required to mend it.

 

I also have had them visit me on 2 occasions thus far and on average I've had 10-15 calls per day! I understand I signed up for this but surly I have some rights?

 

So yes I don't want too lose my goods as for the cash I've outlayed so far I could actually have bought all 3 items elswhere but at the same time I know I won't be paying what's expected come Saturday

 

It's quite amazing the bother you can get into over 1 missed payment yet seeing it snowball. Really need help here guys.

 

 

Martin.

 

Hi Martin, and welcome to CAG

As my first question always is: Do you have Optional Service Cover and Damage Liability Cover on your agreements? If so, get them removed. By doing so can reduce your weekly payments by as much as 45%

Second question: Have you received an official default notice, along with a regulation information leaflet detailing your rights, responsibilities and options? If you have then BrightHouse are duty bound to be reasonable if you have a case of genuine hardship.

Reproduced below is an official statement made by BrightHouse to CAG. This most certainly applies to you:

 

“…If a customer should fall behind with their payments, BrightHouse works closely with them to help get their agreement back on track. Our stores have a weekly relationship with each customer and are, therefore, well placed to help them get their payments under control. In certain circumstances the store manager is empowered to reschedule any debt that has accrued to the end of the contract.” - David Harwood, BrightHouse Company Secretary

 

The following is an extract from our BrightHouse factsheet. You can read the entire document HERE, but this is the bit that could help you:

If you have receive a formal written default notice, and are unable to bring your account up to date in one go, you may like to consider writing a letter similar to this one:

 

(Send recorded delivery to head office, and copy to your local store)

 

Account(s) number(s) XXXXXXXXX

 

Dear Sirs

 

I have recently been experiencing some financial difficulties and, as a result, have fallen behind with my weekly payments to BrightHouse. This is most regrettable, so please accept my apologies

 

I am receipt of a default notice for £XXXX

 

I do not wish to return the goods voluntarily, and as I cannot afford to pay this amount in one instalment, I would like to offer the sum of £(reasonable amount) per week on top of my regular weekly payment of £XX to clear my arrears over the next XX weeks. This payment plan can start immediately.

 

I have made this proposal (and made an offer of payment) at my local store, but my payment was refused. I was told that BrightHouse will not/cannot accept “part payments”. This “policy” only places my account(s) further into arrears and invokes further penalty charges. I find this both immoral, unfair and in direct contravention to OFT guidelines regarding the collection of debt.

 

Naturally, I hope you will accept my offer (above) and allow me time to bring my account(s) up to date in both a fair and affordable way. Of course, by accepting my offer, and by me maintaining regular payments (on time) you agree NOT to apply any further “penalty” or “late payment” charges to my account(s).

 

Please confirm in writing your acceptance or refusal of my offer in order for me to make the necessary payment arrangements, or to prepare for my defence in the County Court as appropriate.

 

Kindest Regards

 

YOU

 

 

cc - BrightHouse local store

your local Trading Standards (this never hurts)

 

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.

 

More often, and as an alternative to court action (BrightHouse don’t appear to like going to court), you will probably get the offer of an account re-set. This entails signing a new agreement, which takes your outstanding balance, PLUS your arrears and starts “fresh” with a BRAND NEW agreement spread over a slightly longer period.

 

You should think very carefully before agreeing to this, because you risk losing all the rights you have accrued regarding repossession and early settlement, making it easier for BrightHouse to repossess their goods should you get into difficulty again.

 

If you do decide to accept an account re-set, insist the store manager (and you) sign the following covering letter and ensure it is stapled to your new agreement along with a copy of your ORIGINAL agreement...

 

Original agreement number XXXXXXXXXXXXXXXX

 

New Agreement number XXXXXXXXXXXXXXXX

 

Date

 

Updated agreement to reflect Account Re-Set

 

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.

 

All rights under the Consumer Credit Act 1974 regarding, in particular, “early settlement” and “repossession” as set out in section J of the original agreement remain intact and continue uninterrupted into any revised agreement.

 

Signed - YOU

(Print name)

 

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

(print name)

Hope this helps, and if you need any further advice you know where we are.

Cheers

Lefty

PS - Contrary to popular belief, BrightHouse have been known to demonstate some exellent examples of customer service, particularly if you have had a good payment history to date. You shouldn't automatically assume they will be heavy handed with you. You may be pleasantly surprised...

[Martin.M]

Thanks lefty. Your post is exactly the sort of information I needed.

 

Yes I do have both those covers because I dint have home contents. I am however setting that up soon so I will cancel them at a later date.

 

Also: I've not had any formal notices to date. Just a couple letters to say I'm behind by however much.

 

Paying the £50 pw is generally not a problem for us as we do get paid from work on a weekly basis but that one missed payment snowballed into 3. It was IMO avoidable on our part but we live week for week and got caught offgaurd.

 

I'm calling in on Monday to try and have them accept £50 and 1 weeks late fee (or the 3 late fees) and have the remaining 2 weeks added at the end of the contract.

 

I feel peronally that's fair as we ain't missed before this situation and it clearly shows we want too honour our commitments.

 

In your opinion do you think this is an opion they'd consider and if not what would be my next move? Baring in mind I cannot pay for 3weeks areas in one go.

 

Many thanks for the info above nontheless as it makes me less scared about going too talk it over lol

[Lefty]

Thanks lefty. Your post is exactly the sort of information I needed.

 

Yes I do have both those covers because I dint have home contents. I am however setting that up soon so I will cancel them at a later date.

 

Also: I've not had any formal notices to date. Just a couple letters to say I'm behind by however much.

 

Paying the £50 pw is generally not a problem for us as we do get paid from work on a weekly basis but that one missed payment snowballed into 3. It was IMO avoidable on our part but we live week for week and got caught offgaurd.

 

I'm calling in on Monday to try and have them accept £50 and 1 weeks late fee (or the 3 late fees) and have the remaining 2 weeks added at the end of the contract.

 

I feel peronally that's fair as we ain't missed before this situation and it clearly shows we want too honour our commitments.

 

In your opinion do you think this is an opion they'd consider and if not what would be my next move? Baring in mind I cannot pay for 3weeks areas in one go.

 

Many thanks for the info above nontheless as it makes me less scared about going too talk it over lol

 

Hi again.

 

My guess is that the store will refuse your offer - stating the usual line of, "we're cannot accept part payments blah blah..." But go into store and make the offer anyway, then make a note of the date, time and name of the member of staff who refused your payment...

 

Send the letter (above).

 

If an account re-set is what you want, then it won't be long before the store suggest this to you.

 

Cheers

Lefty

[Martin.M]

Ok I will follow this advice and hope for the best lol

 

I'm for sure not having a re-set if it means starting my payments all over again though.

 

I've paid £700+ too the Tv paid £400+ too the sofa and already own the table.

 

Seems I got my dates all wrong lol the Mrs corrected me tonight :$ so I'd not be pleased if those payments where for nothing so to speak.

 

Many thanks for your help! It's helped alot and makes one less scared about going in too see them.. Which I imagine is a problem sometimes.

 

Will update this by the end of the week with what they said ect and if I need any more info I'll be sure too ask.

 

Thanks again and keep pumping out the info! Not enough folk try these days.

[Martin.M]

*Update.

 

I agreed too pay £167 and a weeks in advance and extended my contract by 2 weeks with all past payments accouted for.

 

Quite happy at this outcome and we are back in control again so alls well.

 

I'd urge everyone too not hide their head in the sand bcause it'll get worse and pretty stressful and tbh for nothing because from 'my experience' BH where fair enough and flexible if a little intimidating.

 

Thanks for the advice given from lefty aswel it helped alot.