Emma82x -v- Brighthouse

[emma82x]

hi

 

i would like some advice brighthouse is treatening to take my couch,

i am a single parent on benifits with 4 children 3 are under 10.

i am 4 weeks behind iwth my payments and i trying my best to get it back on track i took £20 in on friday wich left 20 to pay. I had a visit from the collection officer but was not in when i got back it said on the letter i owed £49 still and that the money i paid friday went into my yellow money. I am trying my best to get myself back on track with the payment but they are very demanding and forceful at times wich has me worried that thay will show up again expecting me to hand over the couch which i can not as it is the only one we have so we obviously need

 

any advice will be very helpfull

 

emma82x

[slick132]

Hi Emma and welcome to CAG.

 

I've moved your post into your own new thread where I hope you'll get good advice.

 

8-)

[whitewidow]

Hi Emma,

 

Some very knowledgeable people on here who will be along to help shortly, in the meantime i will help you out.

 

First off brighthouse cannot just walk in and take your couch. What you would need to do is phone their head office and explain to them that you are in a little financial difficulty but you are still prepared to pay them. Explain to them about the £20 that the store refused to accept yet transfered to yellow money.

 

Do not let them take the couch as of yet, this is simple bully tactics to get you scared and have you phoning every tom dick and harry to get someone to make a card payment for you.

 

Good luck and be strong.

[Lefty]

hi

 

i would like some advice brighthouse is treatening to take my couch,

i am a single parent on benifits with 4 children 3 are under 10.

i am 4 weeks behind iwth my payments and i trying my best to get it back on track i took £20 in on friday wich left 20 to pay. I had a visit from the collection officer but was not in when i got back it said on the letter i owed £49 still and that the money i paid friday went into my yellow money. I am trying my best to get myself back on track with the payment but they are very demanding and forceful at times wich has me worried that thay will show up again expecting me to hand over the couch which i can not as it is the only one we have so we obviously need

 

any advice will be very helpfull

 

emma82x

 

Hi Emma, 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 received 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 excellent 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...