previous brighthouse customer

[stuggling]

Hi, I use to rent 3 items from brighthouse and all returned to them.

 

When we had them we had arrear charges and optional insurance, at one point I was made to go and sign new agreement to sort out some arrears had constant phone calls and people knocking up to 3 times a day discussing the account by my property.

 

I want to know if o can claim these charges back if I SAR them?

[dx100uk]

yes

 

dx

[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?

[dx100uk]

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

[stuggling]

So I shall SAR both shops I got items from and then be back on fir a little help thank you

[dx100uk]

one SAR to head office will do

 

dx

[pinkfloydianuk]

The address is

 

CAVERSHAM FINANCE LTD (BrightHouse)

5 HERCULES WAY,

LEAVESDEN PARK,

WATFORD,

HERTS

WD25 7GS

 

pfuk

Edited April 9, 2012 by pinkfloydianuk

[pinkfloydianuk]

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

Edited April 9, 2012 by pinkfloydianuk

[stuggling]

It was told optional to me but was told I would be liable for everything on them with out it and also they don't like to rent the goods out without it as it is insurance as well they don't tell you the cosy of it till you signed and second time round I told them I didn't want it but was put on contract! Aaked them to remove it they said it takes 7 working days once goods recorded to do so!!

 

When told them to claim on the insurance as one item had broke they said no it would cost me more!

[pinkfloydianuk]

It was described as 'optional' to me.

 

I was also told I would be liable for everything (faults etc) on the goods without it.

 

They also explained that they don't like to rent the goods out without it as it is insurance as well.

 

They don't tell you the cost of it until you have signed.

 

Second time round I told them I didn't want it but it was still added to the contract!

 

Asked them to remove it, they said it takes 7 working days notice to do so!!

 

When I tried to claim on the insurance as one item had broken, they said no it would cost me more!

 

 

I hope you dont mind me taking the liberty of modifying your post, it is slightly confusing.

 

If you were coerced in to thinking they wouldnt give you the goods without OSC or that they may hesitate to give you the goods without it then you have been mis sold.

 

OSC DOES NOT insure your goods, that is what the DLC is for.

 

From what i can gather from your post, you are saying that the store staff told you that you would be 'liable' for any faults or damages to the item(s) without OSC.

 

This is a false statement and on this alone i believe you have a right to argue mis selling of OSC.

 

Also, if you specified that you DID NOT want OSC on your second item but they added it anyway, then you can also claim these charges back as once again you have been mis sold (you did not want it on there).

 

The 7 days notice is correct for cancelling OSC, so you need to include a seperate letter with your SAR giving them notice that you wish to cancel the OSC.

 

Please post all correspondence by Recorded Delivery, i know it is more expensive but Caversham Finance will not be able to play funny buggers and say they havent received your letters.

 

May i ask what the Item was that 'broke' what the circumstances were to it being 'broke' and how long you had it when it 'broke'.

 

If you are still having problems with this item then you MAY be able to get a refund, repair or replacement under the SOGA or the SOGASA.

Edited April 9, 2012 by pinkfloydianuk

[stuggling]

They have the goods back, I had enough of them.

 

We had a washing machine of them that got blocked at back and sent engineer out to be told I would have to pay for new part so said no they can have it back

 

I don't have a washing machine do it all by hand with 4 kids and a hubby who works nights it not easy but better then them and gives us time to save for a cheap one

[pinkfloydianuk]

Apologies, you have already said you returned the goods.

 

You probably did the right thing by doing so.

 

You should try FreeCycle and GumTree etc, there are some perfectly good items going free on these sites, only drawback is that you usually have to collect, but still definately worth considering.

 

Are you definately going ahead with the SAR?

[stuggling]

Yes will be doing it around the 17th when we have a little bit more money,

I've looked on them sites thank you, we got a big car so will keep looking want something that will last but only just got fridge freezer so got to resave and that's if the car don't fail its mot lol

[pinkfloydianuk]

Yes will be doing it around the 17th when we have a little bit more money,

I've looked on them sites thank you, we got a big car so will keep looking want something that will last but only just got fridge freezer so got to resave and that's if the car don't fail its mot lol

 

OK, keep us posted as to what happens with your SAR.

 

I hope you manage to replace the items you need, i know how hard things can be sometimes so you have my sympathies.

 

Keep on fighting and keep your chin up.

 

pfuk

Edited April 9, 2012 by pinkfloydianuk

[stuggling]

Thank you, I will do no idea what to do after! We want to get debt free and if an item needed just save for it had enough of struggling for everyday needs.

 

Thank you for your help

[pinkfloydianuk]

Thank you, I will do no idea what to do after! We want to get debt free and if an item needed just save for it had enough of struggling for everyday needs.

 

Thank you for your help

 

 

Once you receive your SAR, come back and give me a shout, i will be more than happy to guide you.

 

Regards

 

pfuk