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I have OSC on my item from BH. About 2 months ago, I missed a weeks payment. I paid double the following week, and have kept up to date with all my payments including OSC and DLC. I'm going into store today with my home insurance documents to get the DLC taken off, and I'll be giving them a letter requesting the removal of OSC too.

I've been told this will take "up to 14 days".

My question is, after reading these forums, I've found out that by missing one weeks payment, my OSC was effectively cancelled.

Does that mean I can cancel immediately and claim back the last 9 weeks of payments towards said OSC? or is that just wishful thinking?

Cheers x

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and get reclaiming

the same as PPI

mis-selling

 

dx


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Was it mid-sold though? It was explained to me. The optional service cover was taken as I thought it seemed like a good idea at the time, but have changed my mind since.

The DLC I was told I had to take as I had no home insurance at the time.

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The DLC I was told I had to take as I had no home insurance at the time.

 

It should be optional so it is miss-sold.

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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:O really?

I was under the impression that I had to have it insured with them if I didn't have home insurance :S

How can I claim this back?

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I have OSC on my item from BH. About 2 months ago, I missed a weeks payment. I paid double the following week, and have kept up to date with all my payments including OSC and DLC. I'm going into store today with my home insurance documents to get the DLC taken off, and I'll be giving them a letter requesting the removal of OSC too.

I've been told this will take "up to 14 days".

My question is, after reading these forums, I've found out that by missing one weeks payment, my OSC was effectively cancelled.

Does that mean I can cancel immediately and claim back the last 9 weeks of payments towards said OSC? or is that just wishful thinking?

Cheers x

Hi

 

Your OSC and, for that matter, your DLC both lapse if your account is not paid fully by its due date. They are both weekly agreements, for which their premiums are required in advance - otherwise, no service.

 

Therefore, when you DO bring your accound up to date, it should only be the hire purchase element of the contract that's in arrears. You should NOT have to make back payments on OSC and DLC. You CANNOT get in arrears with OSC and DLC because they are simply pay-as-you-go services. Do ya follow me...?

 

Technically, if your account has gone into arrears, and you bring it back up to date - perhaps after two or three weeks - then there should no longer be OSC or DLC on your account, and you should be ASKED if you want to take up those services again.

 

OSC (and DLC) are WEEKLY policies. They are NOT annual policies split into instalments. They are simply just pay-as-you-go services. YOU CANNOT GET INTO ARREARS WITH THEM! Likewise, you CANNOT (or certainly SHOULD NOT) be able to make back payments on them. You were either covered for that period or you were not. If you hadn't paid the premium for a particular week, and your telly packed up, you weren't covered by OSC. Simple.

 

If, for instance, I allowed my car insurance to lapse through non-payment, continued to drive, then had an accident or claim, I would be in big trouble. I couldn't offer to pay the arrears, and then be magically re-insured for a period in the past. No. You're either insured or you're not. And - in the case of OSC - you're NOT - and by being forced to make back payments on the policy cannot mean you WERE! It's absolute nonesense. Actually, it's downright OUTRAGEOUS! :mad:

 

As for mis-selling...

 

Over recent years BrightHouse have cleaned up their act enormously, most particularly with their customer service, and the issue of Optional Service Cover. There is little evidence of actual mis-selling these days- and you, yourself, have confirmed this by saying it was explained to you, and it seemed like a good idea at the time. Although I was always stand by my views that Optional Service Cover on ANY consumer Hire Purchase is completely worthless as all the protection you will ever need are included in the Supply of Goods (Implied Terms) Act.

 

Damage Liability Cover (DLC) is a different matter. Unlike OSC this really IS insurance (although still a pay-as-you-go weekly service) and is most definitely MIS-SOLD if you were told you HAD to have it. Below is an official response from BrightHouse regarding DLC:

 

“…It is a term of our contract, and in the interest of the customer, that the goods are insured. If a customer has home contents insurance this may well provide the necessary cover. Where a customer does not have home contents insurance, they may obtain cover through our Damage Liability Cover. Damage Liability Cover extends insurance cover on the product payments. Damage Liability Cover means that in the event of products being damaged by a fire, or accident, any outstanding payments on a valid claim will be waived.”

 

In other words:

 

BrightHouse CAN provide the minimum necessary cover if required - however, (as the BBC would say), OTHER insurance products are available, and therefore BrightHouse DLC is OPTIONAL.

 

Hope this helps

Lefty


If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

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Wonderful! :)

With these, then, can I claim back the DLC for the whole period, and the OSC for the last 9 weeks since it effectively lapsed?

If so, is there a template letter somewhere that I should send?

Thank you :)

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DLC - When you initially signed up for your agreement, were you given the choice to arrange your OWN insurance, or were you automatically signed up to BrightHouse DLC? The answer to this question is what would determine mis-selling.

 

OSC - Yes, Your OSC has lapsed. This clause is written in black and white on BrightHouse's website:

 

Other extended warranty providers

 

We offer Optional Service Cover for our products. Extended warranties may also be available from other high street outlets, insurance companies and other providers. Some household contents insurance policies provide cover for accidental damage, fire or theft of electrical goods. However, an excess may be payable and a claim may affect the cost of subsequent insurance premiums.

 

You do not have to purchase an extended warranty (such as Optional Service Cover) at the same time as you purchase electrical goods.

 

Termination

 

You can terminate your Optional Service Cover at any time on giving 7 days' notice to BrightHouse. Your Optional Service Cover is renewable each time your payment is due. If the amount due is not paid the Optional Service Cover will lapse.

 

 

I don't have a particular template letter prepared as such, but if you want to put something together I will happily look over it, and suggest any ammendments.

 

Lefty


If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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Thank you.

When I signed up, I told them that I had very basic contents cover with the local authority that I rent my house from. They told me that unless I showed them the paperwork there and then, that DLC would be added as I had no proof of insurance.

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Although I wouldn't rule it out, I think you would have a pretty hard job to prove mis-selling on your DLC... (Would be worth a punt if your current "basic" insurance from your housing association covered "items subject to a Hire Purchase agreement that you are responsible for"...

 

As for the OSC... Go for it!

 

Cheers

Lefty


If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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Well, I'll definitely be going for it with the OSC.

Also, just out of curiosity, does my DLC also lapse upon missed payment?

With regards to mis-selling, they did not know that my policy at the time was basic. They asked if I had contents cover, I said yes. They asked if I had my policy on me at the time, I said no. I was told in that case DLC MUST be added until I produce my insurance documents.

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Okie dokie, how does this sound?

 

To whom it may concern,

I am writing to inform you that with immediate effect I will no longer be paying any weekly premiums for Optional Service Cover or Damage Liability Cover.

It has come to my attention that both policies lapsed on 21st May 2011 when my payments went one week into arrears, in line with the terms of my contract, which states

 

Optional Service Cover: Your Obligations. Section C (1) (b)

"The OSC contract is renewable each time your regular instalment is due under the agreement. If the amount due is not paid the OSC contract will lapse."

 

And

 

Damage Liability Cover: Your Obligations. Section D (1) (b)

"This DLC policy is renewable each time your regular instalment is due under the agreement. If the premium is not paid this DLC policy will lapse."

 

As the premium was not paid in advance by 21st May 2011, both covers had lapsed, and therefore the payment to cover arrears, and any payments since, should not have included premiums for said lapsed cover.

In respect of this, I would also like a refund of the premiums paid since 21st May 2011, a total of 9 weeks at £xx.xx per week for OSC, and £xx.xx per week for DLC. This is a total of £xx.xx which I expect to be refunded to me within seven days.

 

Regards

 

Mrs X

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I went in today with a copy of this letter and was told that apparently, the OSC and DLC premiums can be back paid, and that I have to give 14 days notice of cancellation for my OSC contract.

I'm 99.9% sure that this "you back pay and we carry on providing the OSC & DLC" thing is bull.

Also, he asked me to re-sign the paperwork, dated today, just with updated insurance details. I didn't have time to read it in store, and the guy was rushing me along, but it felt lighter than my original contract and I signed it. However, having read my own copy that I brought home, it appears as though they have re-financed my agreement! What can I do?

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I went in today with a copy of this letter and was told that apparently, the OSC and DLC premiums can be back paid, and that I have to give 14 days notice of cancellation for my OSC contract.

I'm 99.9% sure that this "you back pay and we carry on providing the OSC & DLC" thing is bull.

Also, he asked me to re-sign the paperwork, dated today, just with updated insurance details. I didn't have time to read it in store, and the guy was rushing me along, but it felt lighter than my original contract and I signed it. However, having read my own copy that I brought home, it appears as though they have re-financed my agreement! What can I do?

 

 

From what I remember, they haven't refinanced your agreement, they have just asked you to sign a new agreement WITHOUT the insurances added. You will still owe the same amount and the date your agreement ends will be the same. Don't panic about it! They did it to me when I claimed back all my DLC and OSC.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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I'm just worried that as it's a new agreement, I'll have to have paid a third of *this* agreement off before I have the same rights as I would've had paying off a third of the original agreement :/

Hopefully, like you say, it's nowt to panic about.

 

How did you claim the money back, by the way? Through the store or head office? :)

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Your rights have not been affected as you have still paid more than a third off your agreement. It is just an updated agreement rather than a brand spanking new one.

 

I went through head office to claim back my DLC and OSC but I was truly mis-sold. I was told I HAD to have both products even though I produced a letter from my insurance company stating they covered HP items. They said OSC was NOT optional (Ok, that confused me too as it's called OPTIONAL service cover) and that if I did not take out the insurances I could not have the goods. This was about 3-4 years ago though, so well before they started to clean up their act. I think your situation is different as it was all explained to you properly. Hopefully you will manage to get back the amounts they do owe you though :)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Hi MamaMoo

 

I can't quite understand from your post whether or not the OSC has actually been removed. Can you confirm please. 14 days notice is wrong - it is 7 days!

 

Dealing with some BrightHouse store managers can be like trying to extract your own teeth...

 

Any chance you could post a scan of your "re-written" agreement for me to take a look at? (Obviously, remove all personal details first.)

 

Lefty


If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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OSC hasn't been removed. DLC has.

I don't have access to a scanner at the mo, but my new agreement is identical to my original one, except the total amount of credit is lower, and my number of weeks to pay is lower.

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OSC hasn't been removed. DLC has.

I don't have access to a scanner at the mo, but my new agreement is identical to my original one, except the total amount of credit is lower, and my number of weeks to pay is lower.

 

Are the item(s) still described as "new", or are they now described as "used"? Do you still have a copy of your original agreement? If you have, staple it to the new one. If you don't, ask the store to provide you with a copy. This is important as it will prove your accrued rights on the agreement. (Your agreement was only re-written because of a change of circumstances, and NOT due to arrears and the subsequent termination of the original contract.)

 

Has the store refused point blank to remove your OSC?

 

Lefty


If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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The item is described as used, but it was a refurbished item in the first place.

I've got my original contract, so I'll staple them together, thanks :)

The store told me that I had to write a letter giving them notice that I wanted to take off the OSC (as the above letter wasn't suitable as it was 'incorrect') and they would 'process it'

I don't see why they couldn't do it while they were re-doing the contract anyway!

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The item is described as used, but it was a refurbished item in the first place.

I've got my original contract, so I'll staple them together, thanks :)

The store told me that I had to write a letter giving them notice that I wanted to take off the OSC (as the above letter wasn't suitable as it was 'incorrect') and they would 'process it'

I don't see why they couldn't do it while they were re-doing the contract anyway!

 

OK... So you appear to be dealing with an "old school" and pedantic branch manager...

 

Right then, first thing Monday hand him/her the following letter (and copy to head office):

 

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

 

 

Once you have done this, and had your OSC removed, I will advise you how to re-claim the 9 (now 10) weeks of unlawful payments made on this agreement.

 

Cheers

Lefty


If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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Letter handed in to store staff & e-mailed to head office :)

Had a bit of a whiny staff member who tried the hard sell, but I somehow resisted their charms ;)

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Let us know how you get on with your payment tomorrow. (sat)

 

Lefty


If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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I've been told by head office that they'll terminate my old contract and produce a new one, minus OSC, for the amount remaining on the item, an the store have confirmed this :)

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 2331 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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