Brighthouse Refund! Any Hope?

[fluffy25]

I bought a £1100 computer from brighthouse in july and in the 1st 2 months it had to be repaired 3 times, I got a month use out of it and then in November it packed in again I demanded a replacement which was granted. This lasted 6 weeks and at the end of jan went faulty it was 2 weeks ago replaced with the shop floor display model which when I got it home had a fault!!! We have now demanded a refund of the £401 that we have paid to date as the goods have never been fit for purpose. We spoke to store manager who wasted 2 days of my life telling me he would look into it, he then passed it to regional manager as he was unable to authorise refund he has now passed us onto head office who I will be ringing today. I have been told by both trading standards and oft that I am elligable for a refund as I have accepted 3 repairs and 2 replacements so have complied.

 

My questions are

 

Do brighthouse 100% need a court order to reposess goods even if you have not paid 1/3?

Do I still have the rights under the sales of goods act to demand a refund even on a HP agreement?

 

Many thanks in advance

[pinkfloydianuk]

No one can enter your property to sieze goods other than a court bailif with a court order.

 

Sale and Supply of Goods to Consumer Regulations 2002

 

This Act amended the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. It added that manufacturers' guarantees were a contract between consumers and manufacturers.

 

It also says that, if a product goes wrong within the first six months, the onus is on seller to prove there's not a fault, rather than on the consumer to prove that there is one.

 

If you have had your Item less than 6 months then you should be entitled to a full refund, over 6 months and up to 6 years (not applicable in Scotland) then you should be entitled to repair or replacement.

 

Did you know that you can reclaim ALL of any OSC you have paid? You are covered under Consumer Law so you have been mis-sold.

 

If you have Contents Insurance then you shouldnt be paying DLC.

 

There is no remit in law to say that they are allowed to charge a late payment fee also.

 

I have cancelled OSC on my item and I am in the process of reclaiming ALL of the OSC and late payment charges etc back.

 

Write to Caversham Finance complaing about the computer and inform the you wish to cancell your OSC and claim any back that you have paid up to now. Threaten them with Small Claims Court, this will make them sit up and listen.

Edited March 1, 2012 by pinkfloydianuk
text added and ammended

[fluffy25]

No one can enter your property to sieze goods other than a court bailif with a court order.

 

Sale and Supply of Goods to Consumer Regulations 2002

 

This Act amended the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. It added that manufacturers' guarantees were a contract between consumers and manufacturers.

 

It also says that, if a product goes wrong within the first six months, the onus is on seller to prove there's not a fault, rather than on the consumer to prove that there is one.

 

If you have had your Item less than 6 months then you should be entitled to a full refund, over 6 months and up to 6 years (not applicable in Scotland) then you should be entitled to repair or replacement.

 

Did you know that you can reclaim ALL of any OSC you have paid? You are covered under Consumer Law so you have been mis-sold.

 

If you have Contents Insurance then you shouldnt be paying DLC.

 

There is no remit in law to say that they are allowed to charge a late payment fee also.

 

I have cancelled OSC on my item and I am in the process of reclaiming ALL of the OSC and late payment charges etc back.

 

Write to Caversham Finance complaing about the computer and inform the you wish to cancell your OSC and claim any back that you have paid up to now. Threaten them with Small Claims Court, this will make them sit up and listen.

 

I didn't take any of there covers, didn't think they where worth the paper they where written on.

 

Just spoken to a regional manager who spoke the biggest load of rubbish I have ever heard! Said he was very friendly with trading standards and that he would check with them that i was telling the truth! also he wouldn't refund me as all 6 faults must be user error and that he would check this with acer! I said your contract is with acer and mine is with you! What a goon he was! Hung up in the end cos I had had enough.

 

Think I am just going to keep computer till they take me to court for repo order and get my point across then???

[fluffy25]

just had HO on saying they wanted to inspect the computer! yeah like i would ever see it again, they would just say no fault and keep it as by then i would be in arrears. what can i do to stop them coming to try and repo it? I have set up a court claim but they said they will continue there collections activity anyway.

[pinkfloydianuk]

just had HO on saying they wanted to inspect the computer! yeah like i would ever see it again, they would just say no fault and keep it as by then i would be in arrears. what can i do to stop them coming to try and repo it? I have set up a court claim but they said they will continue there collections activity anyway.

 

Just let them get on with whatever "collections activity" they want to. They are just trying to frighten you in to submission by saying this to you in my opinion.

 

If you have set a court date you will have papers proving it. If BrightHouse show up at the door show them the papers through the window and tell them to move away from your door or you will phone the police and report them for harrasment.

 

Always remember ONLY court bailifs with a court order can remove goods from your property, make this point clear to them aswell if they turn up.

 

If it comes to a situation where you have to contact the police, please remember to use a non emergency number and explain that the matter is now being delt with by the courts but they are turning up at your door harrasing you.

 

From my understanding courts don't particularly like company's like BrightHouse, i would just take whatever advice the court have given you and wait until your day comes.

 

pinkfloydianuk

[fluffy25]

Brighthouse will get there court paperwork early next week (I don't think they believed my threat of court), does anyone think they will defend it and happily go to trial?

 

Below are my particulars of claim copied from my claim form

 

The claimant wishes to claim a full refund of

monies paid under credit agreement ref:

7xxxxxxxxxx as I believe the defendant is

in major breach of contract under the 'supply

of goods (implied terms) act 1973'.

The subject of the credit agreement is an

'all in one desktop computer' which has been

subject to 3 repairs and then replaced twice

due to various faults. The item is yet again

faulty so the claimant wishes to enter

rescission (thereby ending the contract

without penalty) and claim back all monies

paid under it. The defendant again and for

the 6th time in 6 months wants to inspect the

item with a view to repairing it yet again

depriving us of our much needed family

computer for several weeks. We consider this

Unreasonable and believe that the product has

never been fit for purpose.

 

Your feedback would be appreciated

[fluffy25]

Just a quick update to say Brighthouse folded as soon as they caught sight of court paperwork! What a shame I had to go to those lengths

[Anus Horribilis]

Just a quick update to say Brighthouse folded as soon as they caught sight of court paperwork! What a shame I had to go to those lengths

 

Excellent result, fluffy - a lesson for other readers too. You can make as many threats and complaints as you like to firms like BH. They know that 99% of the time it's just hot air, and they brush you off. But when a customer actually goes to the county court and files a clear, and well-written claim, everything changes. The courts are there for all of us, and a lot cheaper and simpler than most people imagine - use them!

[Hacked_Off]

Oooh well done