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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Sales of Goods letter to Brighthouse & OSC Reclaiming


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We (myself and my girlfriend) would take great pleasure in assisting anyone who has issues with faulty goods from Brighthouse.

 

Although not everyones issues will be the same as ours,

(i actually modified this letter from someone elses letter to Brightouse who had been having a problem with their fridge freezer) dont give up your fight,

 

Consumer Law is there for our protection from companys like Caversham Finance (trading as Brighthouse).

 

Below is a copy of the our letter.

 

It will be going in the post via recorded delivery on Monday.

 

PLEASE feel free to cut paste and modify this letter to your hearts content, but please bare in mind you will have to change a considerable amount of it to suit your situation....

.its a good starting point though

 

Good luck

 

pinkfloydianuk (mark)

 

XXXXXXXXX

XXXXXXX

XXXXX

XXXXXX

Caversham Finance Limited (Trading as Brighthouse)

Registered Office

5 Hercules Way

Leavesdon Park

Watford

Hertforsdshire

WD25 7GS

 

Xth Feb 2012

 

Ref: PHILIPS 42” AMBILIGHT TV 42PFL7603D/10

 

Agreement Number: 73XXXXXXXXXXXXX(please refer to document’s XXXXXX & XXXXXX).

 

Dear Sir or Madam

 

The above item was purchased new under a HIRE PURCHASE agreement with CAVERSHAM FINANCE LTD (trading as Brighthouse) on 19th August 2008. The cash price for the item (at the time of sale) was £1055.48. The total amount payable including Interest and Optional Service Cover totalled £2338.44 (156 weekly payments of £14.99). The item was purchased from the Peterlee, Co Durham branch.

 

In august of 2011 we settled the account 2 weeks before the agreement was due to finish and within this 2 week period the Television ceased to function (no picture or sound). We contacted the store and they were unwilling to help, stating “You have paid the Television off it is no longer our responsibility”.

 

After many hours of internet research it appears that there are several disputed faults with the Philips 42” Ambilight television (the majority of disputes we have read are specifically aimed at the 42” and 50” model). The symptoms are referred to on many forums as “The flashing red lights of death” most variations in diagnosis ‘allegedly’ stem from the instalment of cheap parts during the manufacture of these Philips Ambilight television’s. The flashing red light is actually a power-on self-test (P.O.S.T.) diagnostic code. Our televisions standby light blinks/flashes 8 times, we believe this suggests that there is a problem with the dc/dc converter, (please refer to document XXXXXX). The item has always been used in accordance with the manufacturer’s instructions, so we can therefore assume (backed up by evidence found online) this is a fault in design or manufacture.

 

Brighthouse (Peterlee) have refused to offer repair or replacement due to the fact the item is paid off in full, although the account was settled two weeks early and the television ceased to work in this 2 week period. Brighthouse (Peterlee) were unwilling to repair the television even as a good will gesture, which we did request in August 2011. We thus found ourselves in the situation of having paid all of this money for a television we couldn’t use and couldn’t afford to repair.

 

However, in December 2011 we became aware of the Sales of Goods Act 1979 through a television programme and therefore –

 

We would respectfully remind you that Optional Service Cover, manufacturer’s warranties (and indeed, any extended warranties) are IN ADDITION to consumer’s STATUTORY RIGHTS. These rights are very clear and in the case of a HIRE PURCHASE agreement, refer to the Supply of Goods (implied terms) Act 1973.

 

In particular:

 

1- Implied term about quality

 

(1) In section 14 of the [1979 c. 54.] Sale of Goods Act 1979 (implied terms about quality or fitness) for subsection (2) there is substituted—

“(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

 

(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

 

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

 

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

 

(b) appearance and finish,

 

© freedom from minor defects,

 

(d) safety, and

 

(e) durability.

 

One of many freely available guide’s (please refer to document’s XXXXXX & XXXXXX) suggests a “good quality” plasma television should last 60,000 hours. If you watch television for 8 hours a day, 30,000 hours would mean you have watched the television for 3,750 days or well over 10 years. After this 10 year period the only noticeable problem should be your plasma televisions brightness would have reduced by half. The technical term for this phosphor-brightness inclination is “Life to Half Brightness” or LTHB (please refer to document XXXXXX). It can, therefore, be deduced from these figures and other readily available guides that a “reasonable” person would expect a “good quality” television to last at least 10 years of viewing and would certainly not expect it to cease function after only 3 years of viewing. Please put yourself in our situation, if you paid £2338.44 for a television and it stopped working through no fault of your own after only 3 years of ownership, would you just say nothing and accept the added cost of having it repaired?

 

 

Legislation suggests that you can say we have had use of the item for 3 years and that you can offset any offer made considering this fact. However, we would like to point out that the Sales of Goods Act 1979 also states “you (the seller) must make all effort not to inconvenience the customer” which has quite simply, not been the case. We would suggest you take in to consideration our poor treatment, both in customer service and the amount of time it is taking to get this issue resolved if you wish to consider settling the situation amicably. This has now been ongoing for approx 6 months and we have made several attempts via telephone conversations, with the store manager, deputy manager and staff to try and settle this matter, with no avail. In fact without going in to too much detail (as foremost, the television is the issue), we would like to mention that we have been treat appallingly by the staff at Brighthouse (Peterlee).

 

In the last telephone conversation the store manager informed my partner (Mr. Mark XXXXXX) the matter had been handed over to head office, shortly after I received correspondence (please refer to document XXXXXX). We are not willing to accept this response.

 

What we require:

 

Confirmation (in writing and within 14 days) that CAVERSHAM FINANCE LTD (trading as Brighthouse) will facilitate a satisfactory repair to the above item, or supply a replacement item of comparable age and specification in full working order. If neither solution is practical, then a realistic partial refund would be the only recourse, any offer would have to be negotiated taking in to consideration how poorly we feel have been treated as a customer and how long the matter has been ongoing.

 

Regretfully, if we do not hear from you within 14 days, or if you fail to respond positively to our requests, we will have no alternative than to pursue the matter through the small claims court.

 

 

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

I'll be making other posts on this thread to let anyone who is interested how things are progressing........laterz

 

pinkfloydianuk

ALL COMMENTS OR SUGGESTIONS MADE ARE BASED ON MY OWN EXPERIENCES AND OPINIONS, IF IN DOUBT SEEK ADVICE FROM A QUALIFIED SOLICITOR.

 

<<<<IF YOU LIKE WHAT YOU READ, DON'T FORGET TO HIT THE STAR AND GIVE ME SOME REP.

 

ANY PRIVATE MESSAGES DEEMED TO BE NON SUBJECT RELATED, DEROGATORY OR INSULTING WILL BE REPORTED.

 

pinkfloydianuk

 

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Well, just had Brighthouse on the phone and RESULT.

 

They have offered a replacement television (not brand new), we were slightly concerned they were going to try and fob us off with another broken or damaged tv

(ours has been kept in mint condition) but they have offered to have the tv delivered to the store so we can go and have a look at it before we accept it.

 

As a "good will gesture" (this one being the only one they could locate, is probably closer to the truth)

the tv is a 47" instead of a 42", it is the same make, is an Ambilight tv and according to the store manger it is the next model up from ours.

 

I will be googling in store the Model number of the tv to see if there are any clear problems with this one

and i will be hanging around pressing buttons to my hearts content to make sure this one isnt a lemon before we accept it.

 

Im am now finding my self a bit confused as to why we and so many others have paid Optional Service Cover.

Why is there the need for it when you can claim for damaged or faulty goods under the Sales of Goods Act 1979?

 

I'll be posting again to let anyone whos following this know how things go when we go to have a look at this tv (should be next week according to Bhouse but im not holding my breath).

 

If anyone has any questions or if theres anything you think i may be able to help you with please feel free to ask

 

pinkfloydianuk

ALL COMMENTS OR SUGGESTIONS MADE ARE BASED ON MY OWN EXPERIENCES AND OPINIONS, IF IN DOUBT SEEK ADVICE FROM A QUALIFIED SOLICITOR.

 

<<<<IF YOU LIKE WHAT YOU READ, DON'T FORGET TO HIT THE STAR AND GIVE ME SOME REP.

 

ANY PRIVATE MESSAGES DEEMED TO BE NON SUBJECT RELATED, DEROGATORY OR INSULTING WILL BE REPORTED.

 

pinkfloydianuk

 

:attention:

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Hi, thanks for letting me know. Any information reguarding this is a help. Can i ask how old your tv is?

 

pinkfloydianuk

ALL COMMENTS OR SUGGESTIONS MADE ARE BASED ON MY OWN EXPERIENCES AND OPINIONS, IF IN DOUBT SEEK ADVICE FROM A QUALIFIED SOLICITOR.

 

<<<<IF YOU LIKE WHAT YOU READ, DON'T FORGET TO HIT THE STAR AND GIVE ME SOME REP.

 

ANY PRIVATE MESSAGES DEEMED TO BE NON SUBJECT RELATED, DEROGATORY OR INSULTING WILL BE REPORTED.

 

pinkfloydianuk

 

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I dont have a scanner so i'll write this correspondence word for word. Received this morning from Bhouse.

 

8th February 2012

 

Dear Ms W*****

 

Reference: FO620***

 

Thankyou for your letter dated the 06/02/12 received in our office on the 06/02/12

 

We are sorry that it has been necessary for you to contact us in connection with this matter.

Details of your complaint have been forwarded to our Regional Manager Gerry O'Connor,

who will telephone you by 10/02/12 to discuss your complaint in more detail and put in place actions to resolve this to your satisfaction.

 

If you have not heard from Gerry O'Connor, by the above date, please call on 0800 526 069

 

 

Yours Sincerely

 

Alex Turbayne

Customer Relations Department

 

 

All a bit confusing really, it was the store manager who rang us on Wed 8th and we've never heard of Gerry O'Connor?!. Another thing i forgot to mention from the phone conversation on Wednesday, the Store Manager was adamant that they were doing this as a "good will gesture" and that they are "not legally obliged" to offer us anything at all. Yeah right! It has now been 3 and half years since we took out the agreement and 6 months since we paid it in full, they really expect me to believe that after everything thats gone on over the last 6 months, they are now doing this as a 'good will gesture'. I suspect they are becoming worried people are going to start talking and that the consumer are becoming more aware of their statutory rights, so they are trying to 'smoke screen' me so i dont start telling everyone i know how much of a con they are with there O.S.C and D.L.C etc. I cant help feeling Bhouse underestimted me and my partner, BIG mistake.................

 

 

pinkfloydianuk

ALL COMMENTS OR SUGGESTIONS MADE ARE BASED ON MY OWN EXPERIENCES AND OPINIONS, IF IN DOUBT SEEK ADVICE FROM A QUALIFIED SOLICITOR.

 

<<<<IF YOU LIKE WHAT YOU READ, DON'T FORGET TO HIT THE STAR AND GIVE ME SOME REP.

 

ANY PRIVATE MESSAGES DEEMED TO BE NON SUBJECT RELATED, DEROGATORY OR INSULTING WILL BE REPORTED.

 

pinkfloydianuk

 

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SITE TEAM????

 

Sorry to butt in on this thread but i have a question regarding O.S.C.

 

My girlfriend has been with Bhouse for about 4 and a half years now (tv payed for and currently 1 and a half years through paying for a washer)

since joining this group ive really had eyes opened.

 

My Question is this.....

All of the way through the three years paying for the tv and now the same for the last year and a half with the washer

my partner has been a regular late payer, every time if she has made late payment she has also payed the O.S.C for the gone weeks,

for example if her payments were £10 for tv and £5 for O.S.C and it was a week late she would pay £30 to catch up......

 

.now im starting to think this isnt right because ive read somewhere else that O.S.C is a week by week thing,

so if you miss a week then its gone basically and you would carry on from where you were?!

 

Is this right, and if so do we have a case to reclaim all of the O.S.C we have payed for weeks that we shouldnt have?

 

If my suspicions are right will we have to get the last 4 and half years of receipts to work out how much they owe us?

I really hope there will be an easier way,

that is if we are entitled to anything back???

ALL COMMENTS OR SUGGESTIONS MADE ARE BASED ON MY OWN EXPERIENCES AND OPINIONS, IF IN DOUBT SEEK ADVICE FROM A QUALIFIED SOLICITOR.

 

<<<<IF YOU LIKE WHAT YOU READ, DON'T FORGET TO HIT THE STAR AND GIVE ME SOME REP.

 

ANY PRIVATE MESSAGES DEEMED TO BE NON SUBJECT RELATED, DEROGATORY OR INSULTING WILL BE REPORTED.

 

pinkfloydianuk

 

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QUESTION

 

All of the way through the three years paying for the tv and now the same for the last year and a half with the washer my partner has been a regular late payer,

every time if she has made late payment she has also payed the O.S.C for the gone weeks,

for example if her payments were £10 for tv and £5 for O.S.C and it was a week late she would pay £30 to catch up.......

 

now im starting to think this isnt right because ive read somewhere else that O.S.C is a week by week thing,

so if you miss a week then its gone basically and you would carry on from where you were?!

 

Is this right, and if so do we have a case to reclaim all of the O.S.C we have payed for weeks that we shouldnt have?

If my suspicions are right will we have to get the last 4 and half years of receipts to work out how much they owe us?

 

I really hope there will be an easier way, that is if we are entitled to anything back???

ALL COMMENTS OR SUGGESTIONS MADE ARE BASED ON MY OWN EXPERIENCES AND OPINIONS, IF IN DOUBT SEEK ADVICE FROM A QUALIFIED SOLICITOR.

 

<<<<IF YOU LIKE WHAT YOU READ, DON'T FORGET TO HIT THE STAR AND GIVE ME SOME REP.

 

ANY PRIVATE MESSAGES DEEMED TO BE NON SUBJECT RELATED, DEROGATORY OR INSULTING WILL BE REPORTED.

 

pinkfloydianuk

 

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If im correct Once you miss a payment the insurance ceases.

You should be able to claim it all back.

If you ring the head office they will send you a statement of everything you have paid to Brighthouse

This is what I am doing now as I'm in the process of claiming back all my late fees

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LETTER TO PRESS AGENCIES ETC

 

And here we have for your viewing, a copy of the letter i posted yesterday to : The Sun, The Daily Star, The Daily Mirror (Associated Newspapers) and two of our local papers The Journal and The Sunderland Echo. I may be tweaking it slightly and i will be sending it to more places, ive also emailed the BBC's Wathcdog. Any input from you guys as to how you think i could tweak it and who else you think i should send it would be appreciated.

 

Mr Mark *******

1 **** ****

******

Co. Durham

SR7 ***

Mobile: 07*********

Email: **************@yahoo.co.uk

 

17th Feb 2012

 

RE: Possible story about our fight with Brighthouse.

 

Dear sir/Madam

 

I am writing in the hope that you can help me to help so many others, who have been or are in a situation like ours. We have several issues currently being disputed with Caversham Finance LTD Trading as Brighthouse (your friendly weekly payment store). We firmly believe that if you could help us, we could help anyone who has dealt or is dealing with them to realise exactly what their consumer rights are and stop Brighthouse from blatantly ripping them off.

 

We have just about completed a negotiation with Brighthouse stores from whom we purchased a Philips Ambilight TV in Aug 2008. Shortly after the TV was paid in full (Aug 2011), it ceased to function. We tried contacting the store immediately who were unwilling to help in any way.

 

We found ourselves stuck with a TV we paid a lot of money for and couldn’t afford to fix. After learning about the Sales of Goods Act 1979 through a TV show in December 2011, we started doing some research and recently wrote to them threatening them with small claims court. 2 days after the letter was posted we received a call from the store offering us a replacement.

 

We are now in the process of retrieving payment records as we believe they have been mis-selling us Damage Liability Cover (until a few months ago we had our own contents insurance) and Optional Service Cover. We plan on threatening them with small claims court again unless they agree to pay any monies owed back to us. Just today we had a conversation with the stores Deputy Manager who advised us that they have been increasing the amount we pay in Optional Service Cover without even notifying us, on our signed agreement we agreed to pay £3 but they have been charging us £3.50!

 

 

 

 

Brighthouse is a charlatan company and I have only scratched the surface with our particular story in this letter, I am certain there will be even more to this once we receive payment records etc. I have no doubt there are thousands of people across the country who are paying money to Brighthouse that they don’t even realise they shouldnt be.

 

I am a new member of (insertconsumeractiongrouplink) and I have a Thread ongoing regarding this matter, which includes a copy of the letter which was sent to Brighthouse in relation to the TV. It can be found at (insertconsumeractiongroupbrighthousesalesofgoodsletterlinkhere). There are also several other stories to be found here such as bullying and harassment to customers by Brighthouse Staff which support our case and will hopefully contribute to your wanting to help us expose Brighthouse for what they really are.

 

Please take some time to have a look at this, I fully intend on pushing and pushing until it is National. It would be great if someone could contact me at any of the above points of contact so we could discuss things in more detail.

 

I look forward to hearing from you

 

 

 

Mr Mark *******

 

 

any advice positive or negative appreciated, thanks

 

 

pinkfloydianuk

ALL COMMENTS OR SUGGESTIONS MADE ARE BASED ON MY OWN EXPERIENCES AND OPINIONS, IF IN DOUBT SEEK ADVICE FROM A QUALIFIED SOLICITOR.

 

<<<<IF YOU LIKE WHAT YOU READ, DON'T FORGET TO HIT THE STAR AND GIVE ME SOME REP.

 

ANY PRIVATE MESSAGES DEEMED TO BE NON SUBJECT RELATED, DEROGATORY OR INSULTING WILL BE REPORTED.

 

pinkfloydianuk

 

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yep get reclaiming.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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[edit]

Edited by pinkfloydianuk
please refrain from insults that might get us/you in trouble - dx siteteam

ALL COMMENTS OR SUGGESTIONS MADE ARE BASED ON MY OWN EXPERIENCES AND OPINIONS, IF IN DOUBT SEEK ADVICE FROM A QUALIFIED SOLICITOR.

 

<<<<IF YOU LIKE WHAT YOU READ, DON'T FORGET TO HIT THE STAR AND GIVE ME SOME REP.

 

ANY PRIVATE MESSAGES DEEMED TO BE NON SUBJECT RELATED, DEROGATORY OR INSULTING WILL BE REPORTED.

 

pinkfloydianuk

 

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QUESTION TO SITE TEAM

 

I have just been chatting with my girlfriend about the telephone conversation we had on Friday with the Deputy Store Manager.

 

During the conversation my girlfriend was informed that Brighthouse had increased the amount of O.S.C. we pay by 50p without sending us any 'written notification'. Instead the Deputy Store Manager said "We put leaflets on the counter in the shop informing the customer about the increase in O.S.C. Every time a customer came in to pay their account we would staple a leaflet to their receipt"

 

E. BRIGHTHOUSE'S RIGHTS

 

(1) (a) Brighthouse may change the amounts due for the OSC Contract at any time upon giving you 30 days' prior written notice. If you object you may end the OSC Contract under condition J (2) (General).

 

The above sentence is what is stated in contract, is stapling leaflets to receipts acceptable means of giving the customer 'written notice'?

 

We 9 times out of 10 pay our payments over the phone so would never see a 'leaflet' stapled to a receipt and we definitely weren't aware of any price increase.

 

Is this another 50p per week since the increase was imposed that we can claim back?

 

If so, then we have never been made aware of any price increase in O.S.C. on both of our Agreements! Crikey, Brighthouse are in for some grief from me over the coming weeks!!

 

pinkfloydianuk

ALL COMMENTS OR SUGGESTIONS MADE ARE BASED ON MY OWN EXPERIENCES AND OPINIONS, IF IN DOUBT SEEK ADVICE FROM A QUALIFIED SOLICITOR.

 

<<<<IF YOU LIKE WHAT YOU READ, DON'T FORGET TO HIT THE STAR AND GIVE ME SOME REP.

 

ANY PRIVATE MESSAGES DEEMED TO BE NON SUBJECT RELATED, DEROGATORY OR INSULTING WILL BE REPORTED.

 

pinkfloydianuk

 

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well you wont be the first to get them reclaimed and the other one they charge

 

dont forget their interest on them too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well you wont be the first to get them reclaimed and the other one they charge

 

dont forget their interest on them too.

 

dx

 

sorry if im missing something but what do you mean by "the other one they charge"?

ALL COMMENTS OR SUGGESTIONS MADE ARE BASED ON MY OWN EXPERIENCES AND OPINIONS, IF IN DOUBT SEEK ADVICE FROM A QUALIFIED SOLICITOR.

 

<<<<IF YOU LIKE WHAT YOU READ, DON'T FORGET TO HIT THE STAR AND GIVE ME SOME REP.

 

ANY PRIVATE MESSAGES DEEMED TO BE NON SUBJECT RELATED, DEROGATORY OR INSULTING WILL BE REPORTED.

 

pinkfloydianuk

 

:attention:

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sorry but im lost now.....what does "read out stickies" mean?

ALL COMMENTS OR SUGGESTIONS MADE ARE BASED ON MY OWN EXPERIENCES AND OPINIONS, IF IN DOUBT SEEK ADVICE FROM A QUALIFIED SOLICITOR.

 

<<<<IF YOU LIKE WHAT YOU READ, DON'T FORGET TO HIT THE STAR AND GIVE ME SOME REP.

 

ANY PRIVATE MESSAGES DEEMED TO BE NON SUBJECT RELATED, DEROGATORY OR INSULTING WILL BE REPORTED.

 

pinkfloydianuk

 

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sorry but im lost now.....what does "read ouR stickies" mean?

 

its called a wireless keyboard and hamradio...they dont mix

 

all my posts you'll see errors...

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Apologies for not replying sooner.

It's about 3 months old now.

 

 

then send it back and stop paying!!!

 

its a HP agreement

 

wanna hire and pay for stuff that dont work, thats up to to you.

 

watch them act rather quickly.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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THIS ONE IS GOING IN THE POST TOMORROW............

 

 

Mr Mark XXXXXXX

1 XXXXX View

XXXXXX

Co Durham

SR7 XXX

Complaints Department

Caversham Finance LTD (Trading as Brighthouse)

5 Hercules Way

Leavesden Park

Watford

Hertfordshire

WD25 7GS

 

21st February 2012

 

YOUR REF: F0XXXXXXXXX

 

REF: Official Complaint (Original Agreement Numbers 73XXXXXXXXXXXX & 7322XXXXXXXXXXX7)

 

 

Dear Sir/Madam

 

I am writing this letter on behalf of my partner Miss XXXXX XXXXXXX who has been a customer with Brighthouse (Peterlee Co Durham Branch) for approximately 4 years and 6 months. Although Miss XXXXXX’s name is the one on the Agreements, we share finances, so in essence we have both make the payments for our item(s). I have taken the responsibility of handling this matter, so any further correspondence will be written and addressed by me, Mr Mark XXXXXXXX.

 

Our problems started in August 2011 when our Philips Ambilight TV ceased to function. When we made the final payment(s) on the TV we were told that we had finished the agreement 2 weeks early, because of this fact we contacted the store in the hope that as a good will gesture they would offer us a repair. Instead we were told “The agreement is now finished it isn’t our problem” or words to that effect.

 

We had no idea what to do, we ended up putting our 3 year old £2338.44 42” Plasma Television in our Bedroom with a dust sheet over it as we couldn’t afford to repair it. We have instead ended up with a 12 year old TV given to us by a family member.

 

 

When we have checked the date on our Agreement and the date on the final receipt it appears that the final payment was actually made 1 day after the Agreement was due to finish. We don’t understand how this can be, as we were clearly told when we made the final payment on the TV, we were paying it 2 weeks in advance. I am in the process of retrieving bank statements to check when the payment shows as being paid from my account.

 

The only possible explanation is, that we may have had the Agreement rewritten due to the fact that we were quite far behind with payments, the store have done this for us to give us an extension on payments with the Washing Machine. We don’t recall whether we did have the contract rewritten at any point for the Television but this could explain the questioned 2 weeks. We today requested copies of ALL agreements from the store original or rewritten. When we have got home and checked there are only 2 Agreements for each item, 1 with our old address on and one which is supposed to have our new address on. No copies of any requested, rewritten Agreements were given to us.

 

The address on the second contracts is actually incorrect and they are both also unsigned. The address reads as 1 XXXXX Vale, XXXXXXX, Durham. SR7 XXX. Both the street name and postcode are incorrect. I will be seeking advice promptly, as to whether or not this would void the Agreements in any way. We have on more than one occasion, informed the store that the address they have for us, is incorrect.

 

 

In December of 2011 we became aware of the ‘Sales of Goods Act 1979’ but were still unsure of our Statutory Rights. After a lot of research we wrote to you on the 6th Feb 2012 and on the 8th February 2012 we received a reply via telephone offering us a resolution regarding our TV. Although we have spoken to the Store Manager, we have never heard from Regional Manager Gerry O’Connor who it suggests in your correspondence was supposed to contact us. We are still waiting to go in to store and have a look at our replacement TV.

 

We were told by the Store Manager on the 8th February that our replacement was coming from a store in Newcastle (which is roughly 15 miles down the road from Peterlee) and that it would take about 1 week but possibly up to 3 weeks for it to arrive. Why it would take 3 weeks to take a TV 15 mile is questionable, but we were happy that the issue had been addressed.

 

 

I would like to add that the Store Manager has told us and others that you have “only offered us a replacement as a good will gesture”. There is no mention in the correspondence sent to us that this is the case, we also doubt that this is likely and feel that this statement is incorrect and needs to be addressed.

 

 

We hereby request copies of all Agreements, payment records and receipts held by you, so that we can start the process of reclaiming any mis-sold O.S.C and D.L.C.

 

We also want to check that everything is correct and as agreed in my partners written Agreements.

 

During a telephone conversation (on Friday 17th February 2012) with the Deputy Store Manager we were informed that Brighthouse have been charging us £3.50 for late fees (per week) when our agreement clearly states £3.00. When we questioned her about it the Deputy Store Manager informed us that “the store had put leaflets out in store to advise the customer of this increase, every time a customer came in to pay their account we would staple a leaflet to their receipt”. Surely this can’t be right; we signed an agreement agreeing to pay a set amount. How can you increase this amount without giving us any written notification?

 

As we are a busy family, it has always been easier for us to make payments over the phone. How would we see a leaflet stapled to a receipt if we make our payments over the phone?

 

 

We feel you should be made aware; the Deputy Store Manager at the Peterlee Branch is under the impression that if you go in to arrears on your account, you also have to pay any O.S.C for those gone weeks. We have been informed that this is not the case. In fact O.S.C is a week by week payment if any payments should be missed then those payments should be cancelled in effect. This leads me to think, If the Store Manager thinks that O.S.C ‘arrears’ must be paid, is this store making every customer do the same?

 

 

We also have a query regarding D.L.C on our Washing Machine. Miss XXXXXXX signed the Agreement for the Washing Machine on the 12th August 2010. We both clearly remember taking in to store with us a copy of our Contents Insurance when we purchased the Washing Machine. I still have all paperwork for the Contents Insurance. It was taken out with Barclays in both mine and Miss XXXXXXX’s names on 15th January 2009. Since receiving copies of Agreements it does appear that Miss XXXXXX signed for D.L.C. on the Washing Machine. This is not something we were aware of.

 

At the time of signing the Agreement, we had no reason not to trust Brighthouse and its Staff. We are assuming that this is why we hadn’t noticed Miss XXXXXX signed for D.L.C and that we have been paying D.L.C until now unnecessarily.

 

I have also been informed that we have been getting charged some sort of ‘Interest’ on our payments. We would like some information regarding this ‘Interest’ and how we can claim it back

 

 

I would like to take this opportunity to tell you how disgusted we are at Caversham Finance LTD (trading as Brighthouse). Your stores staff are clearly lacking in training and are completely oblivious to the legal implications of some of their practices. The Store Manager at the Peterlee Branch is completely unreasonable, talks over the top of you in conversation, won’t take on board any of our views and instead says “you will have to take it up with Head Office” as soon as we ask any complicated questions that could legally implicate her or the business.

 

I have written to several Press Agencies and contacted other Media sources such as BBC’S Watchdog regarding this whole ‘story’.

 

I will also be writing to the relevant Financial Authorities at some point over the coming weeks.

 

I today read a story on The Daily Mail website (http://blogs.thisismoney.co.uk/author-richard-dyson/ ), which talks about your unique product codes and how they make it difficult to compare your prices with comparable products from other High Street Electrical Retailers. In this article there is a mention of Consumer Action Group, you can find my particular thread on the CAG site by using a well known search engine such as Google, simply search ‘Sales of Goods Letter to Brighthouse’.

 

 

Unfortunately, other than the issues with the TV, the mis-sold O.S.C, D.L.C and the ‘Interest’, we are beyond any negotiation. We are completely astounded as to how Caversham Finance (Trading as Brighthouse) conducts its business and gets away with it. I personally will be making our particular ‘story’ as widely known as possible.

 

Thank you in advance for your attention to these matters.

Sincerely,

 

 

 

Mr Mark XXXXXXX

 

 

P.S

 

I XXXXX XXXXXXX hereby give authorisation to Mr Mark XXXXXXX who can deal with the above complaint(s) and act on my behalf, any further correspondence or conversations regarding this complaint will be brought to Mr XXXXXXX’s attention. Any response (if necessary) regarding this complaint will be written and addressed by Mr XXXXXXXX.

 

 

 

 

 

 

Miss XXXXX XXXXXX

Edited by pinkfloydianuk

ALL COMMENTS OR SUGGESTIONS MADE ARE BASED ON MY OWN EXPERIENCES AND OPINIONS, IF IN DOUBT SEEK ADVICE FROM A QUALIFIED SOLICITOR.

 

<<<<IF YOU LIKE WHAT YOU READ, DON'T FORGET TO HIT THE STAR AND GIVE ME SOME REP.

 

ANY PRIVATE MESSAGES DEEMED TO BE NON SUBJECT RELATED, DEROGATORY OR INSULTING WILL BE REPORTED.

 

pinkfloydianuk

 

:attention:

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waste of time that will go straight in the round filing cabinet

 

too long

too much waffle

 

its for them to work out the history

 

just state what you want to happen as an end result of your complaint

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for your input dx. Is there a template anywhere that could help me?

 

Or would you be able to help me draught something?

 

I know that the letter is long but i dont know how else to get my point across to them.This is more than just a case of reclaiming monies, i want to let Brighthouse know exactly how i feel about them and why.

 

It has been said on this site that anything you want to say to Brighthouse would be better put in to writing, so i took this on board and set away. I have never had to deal with anything like this before and i am no expert in letter writing (as you can tell).

 

Any constructive advice would be greatly appreciated.

Edited by pinkfloydianuk
more text added..

ALL COMMENTS OR SUGGESTIONS MADE ARE BASED ON MY OWN EXPERIENCES AND OPINIONS, IF IN DOUBT SEEK ADVICE FROM A QUALIFIED SOLICITOR.

 

<<<<IF YOU LIKE WHAT YOU READ, DON'T FORGET TO HIT THE STAR AND GIVE ME SOME REP.

 

ANY PRIVATE MESSAGES DEEMED TO BE NON SUBJECT RELATED, DEROGATORY OR INSULTING WILL BE REPORTED.

 

pinkfloydianuk

 

:attention:

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Great News Received Today..........

 

I have received a message today informing me that The Sun Newspaper may be interested in running a story about Brighthouse.

 

I don't want to 'jump the gun' so I'll say no more, however if it is possible I will keep you all posted on any further developments.

 

pinkfloydianuk

ALL COMMENTS OR SUGGESTIONS MADE ARE BASED ON MY OWN EXPERIENCES AND OPINIONS, IF IN DOUBT SEEK ADVICE FROM A QUALIFIED SOLICITOR.

 

<<<<IF YOU LIKE WHAT YOU READ, DON'T FORGET TO HIT THE STAR AND GIVE ME SOME REP.

 

ANY PRIVATE MESSAGES DEEMED TO BE NON SUBJECT RELATED, DEROGATORY OR INSULTING WILL BE REPORTED.

 

pinkfloydianuk

 

:attention:

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