Sales of Goods letter to Brighthouse & OSC Reclaiming

[pinkfloydianuk]

Apologies for not replying sooner.

It's about 3 months old now.

 

Hi MamaMoo, i'm not a legal expert but as far as I am aware, if your goods develop a fault or cease to function within 6 months from the date of purchase, you are entitled to a full refund.

 

However, I am giving this information from what I know about the Sales of Goods Act 1979.You would be better off seeking some 'expert' advice, as when items are still under Hire Purchase, I think there is seperate legislation, the 'Supply of Goods and Services Act 1982'.

 

Sorry I can't be of more help

 

pinkfloydianuk

Edited February 22, 2012 by pinkfloydianuk

[pinkfloydianuk]

Today we viewed our replacement TV......

 

Surprise surprise, Brighthouse have not stayed true to their word.

 

If you read above you will see that Brighthouse offered us a 47" instead of a 42" as a supposed "good will gesture". We noticed straight away that the replacement TV is actually a 42".

 

When I questioned the Management they denied ever telling me they were offering us a 47", guess I'm either a liar or I dreamt it huh!

 

I was tempted to argue but I 'held my tongue', trying to get them to listen is a waste of time and effort. I wouldn't have put it past them to call the Police and report me for Breach of the Peace aswell.

 

The replacement TV does have some light scuffs on the base but we plan on mounting the TV on the wall so the base will be being removed anyway. Other than that we were happy to accept.

 

 

I have spoken to a Journalist from The Sun Newspaper today and she confirmed they are going to run a 'story' about some of the things myself and my Girlfriend have been through with Brighthouse, as soon as I know when the 'story' will be published I'll give you all an update.

 

pinkfloydianuk

[pinkfloydianuk]

LOOK OUT FOR OUR STORY IN THIS SUNDAYS 'SUN ON SUNDAY'...........

 

Excellent news everyone, the photographer just left and our story will be in this Sundays, Sun on Sunday (the new paper that is to replace The News of the World).

 

I am thrilled and excited to be getting our 'story' out there, even if it only helps a few people it will have been worth it.

 

Next step is to try and get our 'story' on TV and take it to the next level, the more people that know about Brighthouse's questionable business ethics, the better.

 

pinkfloydianuk

[dx100uk]

did you show them the arrest thread on here

 

dx

[pinkfloydianuk]

STORY FROM 'SUN ON SUNDAY' Feb 26th 2012

 

WE FELT LEFT IN THE LURCH....

 

BRIGHTHOUSE customers Mark ******* and Jamie ****** slammed the weekly payment firm.

 

In 2008 the couple, shelled out for a Philips Ambilight 42in TV. The cash price was £1,055.48 - but student Mark, 31, and power firm worker Jamie, 26, decided to pay for the telly over 156 weeks.

 

Once interst and optional service cover were added, the cost more than doubled to £2338.44.

 

In August last year the couple paid off the £14.99 a week charge a fortnight before the end of the agreement - but the TV immediately broke down. After a dispute, the store agreed to replace it.

 

Mark said: "We contacted the store and the staff told us, 'you have paid it off so it is no longer our responsibility.' We felt that we should still be repaired or replaced."

 

Brighthouse point out that the optional service cover period and manufacturer's warranty had expired and believe that their customer service was satisfactory and they agreed to a replacement.

 

By Jane Hamilton

 

.......pinkfloydianuk

Edited February 26, 2012 by pinkfloydianuk

[Anus Horribilis]

That's a good result - they have run some good stories in the past, but unfortunately people don't seem able to resist the lure of shiny new things.

 

http://www.thesun.co.uk/sol/homepage/features/2760675/The-peril-of-easy-credit-at-Christmas.html

[pinkfloydianuk]

Absolutely there are people out there who would dive in to an Agreement fully knowing the implications. However there will be thousands like me, who had they known the truth from day one about all their crazy charges etc, wouldnt have gone within sniffing distance of the stores front door.

 

Awareness is what my fight is about, i want to help as many customers and future customers as possible realise they can claim charges etc back from them and be fully aware of what to expect if they sign up with BrightHouse. No lies just facts.

 

pinkfloydianuk

Edited March 1, 2012 by pinkfloydianuk

[pinkfloydianuk]

Looks like DX may have been right about the round filing cabinet

 

We spoke to Head Office on the phone this morning and this email was sent as a result...............

 

To Whom it May Concern,

 

My partner sent a letter to you by recorded delivery on 22nd Feb 2012 (please find attached a copy of this letter). We are still to receive a response. I have checked the Royal Mail Recorded Delivery Tracker and the letter was signed for on the 24th Feb (please find copy of signature attached).

 

I have just spoken to someone from your head office by phone, who informed me that there was no record of the letter being received.

 

Therefore,

 

 

Ref: Subject access request under the Data Protection Act 1988

 

Please send me copies of all payment history(s) for both my TV and Washing Machine, exact details of all OSC payed on both items, exact details of all late payment charges paid on both items, exact details of DLC paid on the Washing Machine and exact details of all Interest and any other applicable charges etc. Which I am entitled to under Section 7(1) of the Data Protection Act 1998.

 

If you need further information from me, please let me know as soon as possible.

 

If you do not normally handle these requests for your organisation, please pass this letter to your data protection officer or another appropriate official.

 

 

Regretfully as you have already had 13 days from the date of our last request for this information, if we do not recieve the requested information within the next 7 days we will have no choice but to pursue the matter through small claims court.

 

Miss ***** *******

1 ***** *****

******

Co. Durham

SR7 ***

 

pinkfloydianuk

[pinkfloydianuk]

This is from quite a while ago but still applicable and something i am aiming to do.

 

Any constructive help or advice appreciated.........

 

http://www.indymedia.org.uk/en/2004/05/290276.html

[Anus Horribilis]

This is from quite a while ago but still applicable and something i am aiming to do.

 

Any constructive help or advice appreciated.........

 

http://www.indymedia.org.uk/en/2004/05/290276.html

 

 

Yes, I daydream about spending a day outside a BH branch with a 3G laptop and a calculator. Big signs - "Compare Prices Before Shopping at Brighthouse!" "Free PriceChecks!" etc. Use a flipchart to demonstrate the full purchase cost with hidden extras. Then use the web to search equivalent products at less than half the price. Make a show of it, picking items from the BrightHouse brochures and conducting Bruce Forsyth price guessing with the crowd - "Higher!" "Lower!" etc.

[pinkfloydianuk]

Yes, I daydream about spending a day outside a BH branch with a 3G laptop and a calculator. Big signs - "Compare Prices Before Shopping at Brighthouse!" "Free PriceChecks!" etc. Use a flipchart to demonstrate the full purchase cost with hidden extras. Then use the web to search equivalent products at less than half the price. Make a show of it, picking items from the BrightHouse brochures and conducting Bruce Forsyth price guessing with the crowd - "Higher!" "Lower!" etc.

 

 

"Follow your own particular dreams. We are handed a life by peers, parents and society, you can do that or follow your own dreams. Life is short, be a dreamer but be a practical person".

 

HUGH HEFNER, AskMen.com interview

 

 

 

"I will not stop until I have achieved what I am aiming for......What are you aiming for? you may ask; you will have to wait and see........."

 

pinkfloydianuk, CAG thread

Edited March 5, 2012 by pinkfloydianuk

[pinkfloydianuk]

Just been on the phone to BrightHouse to make sure they got my email on Monday and that it was being looked in to.

 

We were told 'yes' it is being looked in to but the person handling it is on another line at the moment, he will call you back..........how much you betting i have a long wait.

 

Never mind, it gave us the chance to tell them once more that if it isnt responded to by end of this week, we will be in county court on monday morning.

[pinkfloydianuk]

"Follow your own particular dreams. We are handed a life by peers, parents and society, you can do that or follow your own dreams. Life is short, be a dreamer but be a practical person".

 

HUGH HEFNER, AskMen.com interview

 

 

 

"I will not stop until I have achieved what I am aiming for......What are you aiming for? you may ask; you will have to wait and see........."

 

pinkfloydianuk, CAG thread

 

I apologise for this comment, I'd had a few 'shandys' when i wrote it.

[pinkfloydianuk]

It would apper that Elvis Lives!

 

The person dealing with our complaint "has left the building" and will call us back tomorrow morning.

 

I'll let you know if they call or not.........

Edited March 8, 2012 by pinkfloydianuk

[pinkfloydianuk]

It would apper that Elvis Lives!

 

The person dealing with our complaint "has left the building" and will call us back tomorrow morning.

 

I'll let you know if they call or not.........

 

Well, the person we spoke to yesterday told us the chap handling our complaint would call 'this morning' specifically.

 

I was at college till 12pm so the missus rang them to see what was happening as they still hadn't contacted us by 11am.

 

It would appear that suggesting your customers are liars is common practice in this 'company', apparently we were never told the call would be returned 'this morning'.

 

They then went on to say that some one would contact us by the end of the day. Half Three and still waiting.

 

Don't these people realise that by treating their customers in such a poor manner time after time, just makes us more angry and more determined to get a result.

 

I don't know how anyone employed by BrightHouse sleeps at night. I know I couldn't treat people like this and have it rest on my conscience.

[pinkfloydianuk]

Just a quick one........BrightHouse never rang back today.

 

Maybe i should give them the same treatment us customers recieve tomorrow, phone them 10 times, one call after the other and see how they like it!

Edited March 8, 2012 by pinkfloydianuk

[pinkfloydianuk]

URGENT ADVICE NEEDED........

 

We today received a negetavie response from BrightHouse regarding our attempt to recover all OSC and Late Payment Charges ETC (not that we expected any different).

 

So PLEASE some clarification, as I don't want to waste time and money going through the County Court Small Claims Process on Monday if it is going to be in vane.

 

I also want to make sure I have my facts right so I can advise others accurately.

 

 

Please read the below comments from the correspondence recieved this morning and advise me as to whether or not my views are correct....

 

Quote

 

"In order for us to honour a repair, replacement or refund you were required to provide evidence that the product sold to you was inherently faulty at the time of sale, which was not forthcoming. We would usually accept an engineer's report from a reputable TV or electrical goods repair company confirming the nature of the fault".

 

My View

 

I have been given the impression that we could argue our case under the 'Durability' section of the Sales of Goods Act 1979. I sent correspondence to BrightHouse quoting this section of the SoGA in our written complaint, but BrightHouse just keep saying, "we offered you the replacement TV as a 'good will gesture'". They have NEVER acknowledged or mentioned the 'Durability' section of the SoGA.

 

So my question on this, Who is right? If the matter went to court would i have had to provide an Engineers Report as suggested by BrightHouse or could i have argued my case under Durability?

 

(The matter regarding the TV has been resolved as we accepted a replacement but in order for me to advise others accuratelly i need to know, could you argue faulty electrical goods such as TV's and Fridge Freezers etc under durability at court, or would you need an engineer's report?).

 

Quote

 

"You advise that the Late Fee has increased to £3.50 and you were not informed. Although our stores did make every effort to inform customers, we are not legally bound to notify our customers as it states on the first page of your Hire Purchase Agreement under

 

Charges

(e) Variation of charges - We may vary these charges from time to time without notice to you to reflect our costs. The current rates of these charges are available to you in store or on written request."

 

My View

 

So that means they can just increase the charge whenever they feel like it and not tell you, even though you signed an Agreement to pay a specific amount?

 

I have read on these forums that there is 'no remit' in law to say BrightHouse can even charge a Late Pament Fee. My understanding of this is that BrightHouse have just made this charge up and in reality they aren't allowed to do it.

 

Is it therefore right that i can reclaim every penny of this back, or are BrightHouse allowed to charge a late payment fee?

 

Quote

 

"With regards to OSC, these payments are still due under the agreement if they are missed because they were due before you went late. The fact that the payment is missed DOES NOT mean that it is forfeit. It is like any insurance or service cover policy. You have agreed to pay the amount detailed in the Agreement and, therefore, the amounts are due regardless of whether you pay them in advance or not".

 

"If the OSC payments were not due when they are missed, this would leave the agreement open to abuse and effectively would mean you could reduce the cost of your agreement by missing payments. As a responsible credit lender this is not the kind of message we want to be advising our customers."

 

My View

 

If you miss a payment for OSC does this payment lapse as suggested in BrightHouses T&C's;

 

"Subject to its right to terminate the OSC Contract in accordance with condition E, the OSC Contract is renewable each time your regular installment is due under the Agreement. If the amount due is not paid the OSC Contract will lapse".

 

My question is, if you miss a payment on your goods does the OSC for this week or weeks lapse? Or as suggested by BrightHouse, do you have to pay OSC 'arrears'?

 

Quote

 

"Having decided to take out a contract, every customer is taken through our Agreement Guide Presenter. During this process, the details of the contract are verbally explained in full to customers. Also during this process, which takes approximately 30 minutes, the customer is encouraged to ask as many questions as they like to ensure they fully understand the contract. This process includes a full explaination of the Optional Service Cover Product, including the cost, features and benefits, customer's rights with and without this product and the fact that it can be cancelled at seven days notice".

 

"We can find no evidence that the process has not been followed. We therefore conclude that Ms W***** was given all of the information necessary to make an informed decision".

 

My View

 

This is the first time we have ever even heard of an 'Agreement Guide Presenter'. When signing our Agreements we most certainly did not spend 30 mins having it explained to us and we certainly did not have the OSC Contract explained to us, if we did then we would have told them we did not want it on there, as would any sane person. Infact when we took out the Agreement on our TV we were pretty much given the impression, if we didn't take out the OSC then they wouldn't give us the TV. We therefore assumed the same when we took out the Agreement on our Washer.

 

My question is, If your goods are covered under manufacturers warranties and current Consumer Legislation is there any need for OSC? If not then surely myself and every other customer have been mis sold as we do not need it?

 

Furthermore in our particular case, we did not have the 30 min 'Agreement Guide Presenter', does this also mean that they are in breach of Agreement?

 

Any help or advice is greatly appreciated.

 

P.S. When we emailed Head Office on Monday 5th Feb we requested copies of all payment history's etc quoting the Data Protection Act 1988.

 

There are no copies of the requested information included with the correspondence sent to us today. How long (if there is a specific time period set out in law) do BrightHouse have to send us this information from the date it was requested?

Edited March 10, 2012 by pinkfloydianuk
text added

[citizenB]

Responding to S.O.S

 

I will flag this for others who have more experience with BAYV companies. I think at least one of their responses - in respect of being able to vary charges at will and without notice is probably and unfair term.. but would need confirmation of this.

[dx100uk]

its just bs really

exactly the same as the PPI excuses firms put up.

 

OSC is extra warranty in sheeps clothing

end of really.

 

people have reclaimed the pcworld/currys one

 

as are the FSCS looking into car warranties on agreements too

 

there are hundreds of firms donig warranty reclaims on the net

 

so i cant see why this OSC is any diff

 

and its prob commission based too.

 

id take the normal FOS route

 

spreadsheet , questionaire, cover letter

 

dx

[dx100uk]

as for the requirement for an eng's report they are correct

 

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/forcustomers

 

dx

[pinkfloydianuk]

I just received this from an online, County Court, Small Claims Free Advice specialist,

 

"If they have incurred expenses by dealing with your late payments, and it is in their terms and conditions, then they can apply reasonable charges.

The OSC is another matter which you should claim back".

 

Thats made my mind up then, we will definately be going to Sunderland County Court on Monday and filing a Claim.

[pinkfloydianuk]

TAKING THE FIRST STEPS TOWARDS SMALL CLAIMS PROCEEDINGS.........

 

Today we visited our local county court and aquired the relevent forms etc to begin legal proceedings against Caversham Finance LTD.

 

Making a claim and gathering evidence to support our case is all going to be new to me (i've never dealt with County Court before) but i am actually looking forward to doing it.

 

I have received professional advice and i have been told by 2 independents that we can DEFINATELY claim back ALL of the OSC we have paid!

 

The Late Payment Charges may however prove to be a little more difficult, we have to provide evidence to support our accusation that the Charges are 'an unfair contract term'.

 

We can argue that BrightHouse have not contacted us every time they have increased the Late Payment Charge.

 

Also we can dispute that they have not contacted us every time we have been late with our payments thus them not incurring any costs.

 

If any one reading this has been through the Small Claims Process with BrightHouse or a similar company i would appreciate any relevant input.

 

RECLAIM THE RIGHT!!

[dx100uk]

as far as i know they must issue a default sum notice

 

dx

[pinkfloydianuk]

as far as i know they must issue a default sum notice

 

dx

 

It will depend on if they wish to defend themselves against our claim or not. Even then everything is not 'cut and dry' from what i am gathering.

[pinkfloydianuk]

Whilst sitting dwelling i remembered something that should be documented.

 

If you are following this thread you will recall me saying that we normally pay our installments over the phone.

 

My partner is the person named on the Agreement(s), and BrightHouse have only ever dealt with her up until we started having 'disputes' with them.

 

For 4 and a Half years Brighthouse have asked for my verbal authorisation to take a payment from my bank account on no more than three occasions, even then it has only because we have prompted them to.

 

When we questioned them about it, they tried to say that it was my partner who was in the wrong for using my card.

 

Another load of crap, as long as I give authorisation then she can hand over my details.

 

 

Just to make this clear, i am saying that BrightHouse staff have nearly always taken payments from my bank account via phone transaction without my verbal authorisation even though i am not named on the Agreements. (It has always been easier for my partner to make the payment's with my debit card).

 

Just another example of poor business practice by BrightHouse.

Edited March 13, 2012 by pinkfloydianuk