Sales of Goods letter to Brighthouse & OSC Reclaiming

[pinkfloydianuk]

From the Information Commisioner search page,

Data Protection Register - Entry Details

 

 

 

Registration Number: Z7324905

Date Registered: 20 December 2002 Registration Expires: 19 December 2012

 

Data Controller: CAVERSHAM FINANCE LIMITED

 

Address:

5 HERCULES WAY

LEAVESDEN PARK

WATFORD

HERTS

WD25 7GS

Other Names:

BRIGHTHOUSE

This register entry describes, in very general terms, the personal data being processed by:

CAVERSHAM FINANCE LIMITED

 

This register entry contains personal data held for 5 purpose(s)

 

 

 

So that means Caversham Finance control their own Data Protection?

 

Who am i supposed to write to with my £10?

Edited April 1, 2012 by pinkfloydianuk

[ims21]

Send the SAR to Caversham/Brighthouse at their registered office (SAR is a legal document and can be served on the registered office)

 

Payment is good by Postal Order rather than cheque since you don't have to sign a PO so your signature is safe.

 

You can leave the payee blank and just write on the back that the PO is to be used for the SAR only and is not to be used for any other purpose.

 

If it were me I'd send it recorded so you know when they get it

 

ims

[pinkfloydianuk]

Send the SAR to Caversham/Brighthouse at their registered office (SAR is a legal document and can be served on the registered office)

 

Payment is good by Postal Order rather than cheque since you don't have to sign a PO so your signature is safe.

 

You can leave the payee blank and just write on the back that the PO is to be used for the SAR only and is not to be used for any other purpose.

 

If it were me I'd send it recorded so you know when they get it

 

ims

 

Thank you ims, your a star.

 

I will do this asap. I will continue with my current County Court Application, then should i recieve the Information and work out they owe us more. I will start a second claim against them.

 

Once again thank you for your time and advice.

[pinkfloydianuk]

TEMPLATE LETTER TO THE OFT REGARDING LATE PAYMENT CHARGES.....

 

 

Mr Mark XXXXXXXX

1 XXXX XXXX

XXXXXX

Co. XXXXXX

SR7 XXX

 

Enquiries Unit

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London, EC4Y 8JX.

 

 

Dear Sir/Madam

 

Re: [Caversham Finance LTD (BrightHouse)] – Referral of potentially unfair contract terms.

 

Please find enclosed a copy of the above trader's contractual terms and conditions. I am referring this on to you for your consideration as I am concerned that the following terms are potentially unfair terms pursuant to The Unfair Terms in Consumer Contracts Regulations 1999:

 

Unfair/Unreasonable Late Payment Charges-

 

I believe that the Late Payment Charges are an ‘unfair contract term’.

 

I have received professional advice from two independents, one of which advised me that “They are entitled to charge you if they contact you for late payment”.

 

BrightHouse have not contacted me every time I have been late with payment, on the contrary, majority of times I have been late on my account, I have contacted them.

 

Thus I suggest, they have not incurred any considerable costs by contacting me.

 

Please see below a section from the Office of Fair Trading’s, Guidance for the Unfair Terms in Consumer Contracts Regulations 1999.

 

 

(Group 5: Financial penalties – paragraph 1(e) of Schedule 2)

 

Schedule 2, paragraph 1, states that terms may be unfair if

they have the object or effect of:

 

(e) requiring any consumer who fails to fulfill his obligation to

pay a disproportionately high sum in compensation.

 

5.1 It is unfair to impose disproportionate sanctions for breach of contract.

 

A requirement to pay more in compensation for a breach than a reasonable pre-estimate of the loss caused to the supplier is one kind of excessive penalty.

 

Such a requirement will, in any case, normally be void to the extent that it amounts to a penalty under English common law.

 

 

I also dispute the amount ‘variation’ in charges for late payment as being ‘unreasonable’. When I signed my first Agreement with BrightHouse, the Late Payment Charge was £2.70.

 

It currently stands at £3.50.

 

I have never, during the duration of each individual Agreement, been made aware of any price increase in this charge.

 

 

BrightHouse have responded to my questioning of this increase, please find attached letter numbered BH0005 and duly note page 1, paragraph 5 beginning ‘Secondly’.

 

I believe the total paid in Late Payment Charges since my original Agreement was signed on 19th August 2008 to be a considerable amount.

 

 

 

 

I look forward to your response.

Yours sincerely,

 

Mr. Mark XXXXXXX

 

(Mobile) 0XXXXXXXXXX

(email) XXXXXXXXXXXXXXXXXXXXXXXX

Edited April 2, 2012 by pinkfloydianuk

[pinkfloydianuk]

FINANCIAL OMBUDSMAN COMPLAINT FORM...

http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=3&ved=0CG8QFjAC&url=http%3A%2F%2Fwww.financial-ombudsman.org.uk%2Fconsumer%2Fform%2Fcomplaint_form.doc&ei=1ZF5T4KPPMaw8gO6ivmsDQ&usg=AFQjCNE81qjrrZJQJ0YT7vQEbPqUglxUHQ&sig2=dmoAgwxOZLWn1ZZIGTCtNg

[ims21]

This is a self help site and should be used as such to research and learn from.

 

It has been advised that you send a Subject Access Request under the Data Protection Act if you haven't got the full transaction history for the account. For this there is a statutory fee of £10.

 

The information that comes back will enable you to prepare a proper claim with a justifiable amount and something concrete you can argue in court.

 

It will also enable you to take a view on whether you are going to argue purely for their interest rate back or whether you go for a higher rate as mentioned in a previous post.

 

ims

[pinkfloydianuk]

BrightHouse made the following statement's on the BBC's My Worst Deal,

"Our prices are competitive and fair, as you point out your self, comparing them with those of other stores which may not offer a finance arrangement and may require payment up front which would not be possible for some low earners, is like comparing Apples with Oranges - completely misleading".

"BrightHouse takes all reasonable steps to ensure customers do not enter in to Agreements that they can not afford".

"If a customer does encounter difficulties, we will do our best to deal with the problem sensibly".

Take particular note of the parts highlited red.

What a load of bull!

Actions speak louder than words and all of the 'actions' i have seen carried out by BrightHouse, totally contradict this statement.

See the full episode on BBC iPlayer at

http://www.bbc.co.uk/iplayer/episode/b01fnmwp/My_Worst_Deal_Episode_2/

 

 

Courtesy of Zonker

Edited April 4, 2012 by pinkfloydianuk

[ims21]

The post was unapproved because CAG does not want links to personal twiiter pages posted on the forum

[MARTIN3030]

Thread reviewed with off topic posts removed.

Can we please now move forward with less distractions.

[pinkfloydianuk]

dx,

 

Out of curiosity, what concrete evidence could be used in court by someone wishing to reclaim OSC?

 

I appreciate you have said before that the OSC is nothing more than warranty in disguise.

 

My worry is that I don't think that statement would be enough to convince a judge.

 

This is the 'last piece of the puzzle' so to speak.

 

DLC can be reclaimed if you have valid contents insurance.

 

Late Payment Charges can be argued as an 'unfair contract term'.

 

So how, in court would you prove unarguably that OSC should be refunded to the consumer?

 

Obviously I can argue that we were mis sold as we were told we MUST have it, however this wont be the case for everyone.

 

If I were saying to you, I took out OSC because I thought it was the right thing to do or the safe option.

 

What advice would you give me that could be used as solid evidence?

 

 

 

REPLY.......

 

i dont think anybody has ever gone to court on OSC.

 

pers i think your tac will be the "it is optional service cover"

but made compulsory by sales staff on commission to sell it.

 

much the same as PPI

is optional arguement, won that one

cant see why a judge won't see OSC the same.

 

the word 'optional' is the key here.

 

In the PPI case, as such its not mentioned, other than in the T&C's

 

in this case the word OPTIONAL is in its title - WHY was it compulsory judge?

 

dx

 

POSTED BY ME.......

 

dx,

 

Please don't think im trying to catch you out.

 

I aim to help as many people as possible and imho the best way would be if everyone could argue the same points.

 

If a judge awards one case on a concrete argument then everyone will be able to do the same.

 

People have the mis conception that BrightHouse make OSC compulsory to every customer.

 

Unfortunately this is not the case.

 

Some people have been given the 'Option' and Caversham Finance would undoubtedly come out with a statement from their T&C's to support this in court.

 

What I am looking for is a sustainable argument as to why EVERY customer should have their OSC returned.

 

Do you think this also could be argued as an 'unfair contract term'?

 

In reality OSC doesnt really offer the Consumer any protection that they dont already have with the manufacturers warranty and current legislation.

 

Could that fact be used to argue the OSC as being 'unfair' as it is unnecessary?

 

pfuk

 

 

[MARTIN3030]

What is the purpose of reposting these ?

 

In relation to OSC,these have been discussed many times within this forum,by members and site team alike over a few years.

If you care to search,you will find those threads as well as some of the determinations that were made.

[pinkfloydianuk]

What is the purpose of reposting these ?

 

In relation to OSC,these have been discussed many times within this forum,by members and site team alike over a few years.

If you care to search,you will find those threads as well as some of the determinations that were made.

 

With all due respect,

 

I have reposted them on my thread because they are relevant.

 

I have spent many hours reading threads on CAG about BrightHouse and i am yet to find a succesfull case of OSC reclaiming which has sustainable evidence.

 

If you know of one i would much appreciate a link to it.

 

Yes there are a few success story's, however ALL that i have seen have been settled before they got to court.

 

What i am striving for is to help EACH and EVERY BrightHouse customer reclaim what is rightfully theirs.

 

To do so they ALL need to have solid evidence to provide to the court should they need it.

 

 

All i am here for is to make others aware of what their rights are, i have no hidden motives.

Edited April 9, 2012 by pinkfloydianuk

[MARTIN3030]

The reason for these questions,were that it was not clear where these quoted communications originated from.

In order to prevent any confusions,please keep things to one thread.

I understand what you are saying about wishing to help others,but will also point out that many longstanding members have been,and remain,actively working hard on these forums,and have not just started in this task.

[MARTIN3030]

What i am striving for is to help EACH and EVERY BrightHouse customer reclaim what is rightfully theirs.

To do so they ALL need to have solid evidence to provide to the court should they need it.

 

 

Merely my point is that we are all striving for the same ends.

[MARTIN3030]

It would perhaps help matters if posts that were being responded to were not changed AFTER a response had been made.

 

Site team are not here to frustrate progress nor silence members,if you have any evidence of this please contact Admin with the names of those who you say have told you so,

Any posts directed adversley against the site team will be removed forthwith.

[dx100uk]

original post before you 'again' edited it ....after posting...

And I am not 'changing' my posts, I am adding things ive missed, isnt this one of the reasons for the 'edit' function?

 

in short - no!

 

it makes any reply irrelevent and p'haps 'wrong'

 

and it makes those that reply look a fool....

 

not what you want me thinks........

 

 

you had 'a win'

 

with the publicity in the newspapers

 

you now need to focus on nailing them

 

to continue the win.

 

we CAG / siteteam are not your enemy...........

 

get that sar off

 

and get reclaiming

 

there are hundreds of people here awaiting YOUR result.

 

YOU are best placed to succeed

 

you have the determination to do it

 

but do it properly ... not half cocked

 

dx

[pinkfloydianuk]

Thanks dx,

 

Apologies Martin3030 for getting angry with you, but please bare in mind, all I want to do is help.

 

I am NOT here for conflict.

 

pfuk

[dx100uk]

good neither are we.

 

dx

[pinkfloydianuk]

[EDITED]

pfuk

[pinkfloydianuk]

We today recieved some paperwork from BrightHouse in connection with our recent SAR.

 

The information is still incomplete, they have sent several copies of the same pages (im guessing this is where my tenner went), the pages are a supposed breakdown of telephone communications beteween ourselves and the store.

 

These pages make up approx two thirds of what they have sent us, the rest is copies of agreements etc and just 2 pages of supposed payment information.

 

There is still no accurate information regarding how much we have paid and when.

 

Something tells me BrightHouse are trying to hide something.

 

The payment information we have recieved basically goes,

 

our weekly payment was £14.99, so if we were one week late it would be £29.98 + their Late Payment Charge,

 

however this is not what we have recieved, they have sent me 2 pages which show a date followed by agreement number and how much was (supposedly) paid on that date,

 

strange thing is, where we have been late it only shows £29.98 (for 2 weeks @ £14.99 per week) or £44.97 for 3 weeks etc, NO RECORD of any Late Payment Charges or Interest etc.

 

I would love to know what they have done with my £10 SAR charge because they have not sent me the information i require to make an accurate calculation as to how much they owe me. (How Frustrating!!!)

 

I have been advised in great detail that the FOS route would be best to go down first before starting court proceedings.

 

So next step i think is to give Caversham Finance one last chance to get the information i require out to me. Ive heard of one person saying that their store printed out a till reciept for every payment made. This is what i want and i will make it perfectly clear this time.

 

If i dont get what i need after this final request then i will be going at them 'all guns blazing'.

 

I'm tired of messing around with these incompetent fools.

 

They still have a few days before the 40 day SAR limit is up, so i will honour this and give them the chance to get their fingers out.

 

Once there time is up i will be taking them down.

 

pfuk

Edited April 30, 2012 by pinkfloydianuk
spelling mistakes

[arianna22]

so what happened after did you get it back .

[marcus6]

Hi mate, is there any news on this?? i'm about to do the same SAR for all info! but by looking at yours i think i will word it in away that i get info of what i have paid for each item,

 

and how much i have paid OSC on that item each week,

 

and see what they come up with, as my OSC is comeing out just under 3K its alot to pay when its OSC and when i took out my very 1st item i was told i had to have it!!!!

 

Please let us all know how you are geting on.....

 

Thanks

 

P.S it was only at Xmas just gone that i had seen on CAG things about BH and i went in my BH and asked them to stop the OSC at Xmas,

Edited January 28, 2013 by marcus6

[pinkfloydianuk]

Hello again all,

 

Im sorry i let this thread go cold a long time ago, fighting BrightHouse is very soul destroying. They make it as difficult as possible to get the information you require in ordert to start legal proceedings and that is only one of the reasons i gave up on this........

 

...........however, ive been contacted by another badly done to BrightHouse customer who i am going to help any way i can and i have regained my passion for bringing this company to justice.

 

Over the coming months i will be looking for BrightHouse customers past and present who have a serious passion for justice and wish to try and re claim all Late Payment Charges, Optional Service Cover and Damage Liability Cover.

 

I am considering trying to get a 'Class Action' going, which basically is a collection of people, all of which will have paid OSC DLC etc and wish to claim it back, anyone who is named on a class action will be given the same judgement and whatever is decided would apply to all.

 

If you think you could help, or if you know anyone who could offer free independent legal advice in an A to Z manor, then please contact me.

 

Regards

 

PFUK

[arianna22]

hi

i.ve got my claim going on at the court as we speak

they defended my claim on grounds of defaulting and using my osc cover

thy gave me the dlc back as i always had home contents

took a while to receive the money mind.

 

I defending myself on grounds of not being asked if i wanted the insurances of the osc being covered

by the financial ombudsman when it ain.t,

 

my items being fixed under the first year warrenty and also the supply of goods act

 

they tried saying i had no rights to have my items fixed if i never had the covers by them

 

.also stated that there is nothing in the contract saying you got to have any type of insurances for your items or anything under hire purchase laws

 

 

.got a few more things to say about them and if all goes ok my way you can have all the info needed

 

.also they never had a solicitor fighting this its their own financial advisor doing it so fingers crossed that next few weeks i hear and it goes my way.

[Anus Horribilis]

I am considering trying to get a 'Class Action' going, which basically is a collection of people, all of which will have paid OSC DLC etc and wish to claim it back, anyone who is named on a class action will be given the same judgement and whatever is decided would apply to all.

 

UK law doesn't yet recognise class actions, although there is a vague proposal to introduce them at some future time (http://uk.reuters.com/article/2013/02/05/uk-britain-antitrust-classaction-idUKBRE91310F20130205). Until then, I think your group would have to find a way to bring the case under USA law.