Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3998 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Note, I am unable to post links as I do not have more than 10 posts. I request site admin if they can edit my post to include a link. legislation.gov.uk/uksi/2005/2705/made

 

This link: legislation.gov.uk/uksi/2005/2705/made states the following:

 

1.5.2. Do not make statements like “if you can buy this product elsewhere for less, we will refund the difference” about your “own brand” products which other traders do not stock, unless your offer will also apply to other traders' equivalent goods. If there are any conditions attached to the offer (eg it only applies to goods on sale in the same town or excluding Internet sales) you should show them clearly and prominently, with the statement.
I contacted Brighthouse on behalf of a friend who purchased a TV for around £800, however, the equivalent product from another high street retailer is just £329.00

 

Having spoke with the store staff, the store manager and 3 people within Brighthouse head office, it seems that they are unwilling to match this price. They rely on the fact of their store policy which says that the product must be identical....

 

BUT!!!! This is impossible since I have been told by Brighthouse staff that 'Baird' is exclusive to Brighthouse, essentially it is Brighthouse own brand.

 

 

I believe that my friend is entitled to this reduction as per their price promise and using The Consumer Protection (Code of Practice for Traders on Price Indications) Approval Order 2005, where it states: 1.5.2. Do not make statements like “if you can buy this product elsewhere for less, we will refund the difference” about your “own brand” products which other traders do not stock, unless your offer will also apply to other traders' equivalent goods. If there are any conditions attached to the offer (eg it only applies to goods on sale in the same town or excluding Internet sales) you should show them clearly and prominently, with the statement.

 

 

Brighthouse refuse to reduce the price despite being informed of the above.

 

There is a great difference between the prices of 'Baird' and equivalent products from other retailers.

 

If anyone can help with this or provide guidance as to what to do next, please let me know!

 

It seems that the only way I can get Brighthouse to acknowledge consumer rights would be to take this matter to court.

Link to post
Share on other sites

  • Replies 57
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

UPDATE:

 

Today I contacted Brighthouse head office by phone again, luckily I spoke with the same man as I had done previously...

 

I explained that in my opinion Brighthouse are failing to abide by the law, I quoted the legislation to them and provided a link to the government legislation site.

 

[1.5.2. Do not make statements like “if you can buy this product elsewhere for less, we will refund the difference” about your “own brand” products which other traders do not stock, unless your offer will also apply to other traders' equivalent goods. If there are any conditions attached to the offer (eg it only applies to goods on sale in the same town or excluding Internet sales) you should show them clearly and prominently, with the statement. /QUOTE]

 

I explained as the product can not be found with any other retailer, then, they are obliged by law to price match the Baird TV which costs around £800 to the equivalent goods from another retailer, (albeit a different manufacturer).

 

A 46" BAIRD TV from Brighthouse costs around £800.00

A 46" LG TV from Currys costs £329.99

As Brighthouse offer a price guarantee and as the Brighthouse product can not be found with other retailers, then, Brighthouse are obliged under the law I have quoted above to reduce the cost price of the TV from £800.00 to that of £329.00

 

I have told Brighthouse that the telephone call was being recorded for legal purposes. The Brighthouse employee was happy to proceed with the telephone call.

The Brighthouse employee told me that the only way they would match the price was if it was an "IDENTICAL" product. Again, I said that this is impossible since the product is exclusive to Brighthouse and my opinion is that under consumer law (as quoted above), the price guarantee they offer should apply to that of another retailers equivalent goods.

 

Brighthouse are now in my opinion ignoring legislation, they are ignoring consumer law and rely on their own policy.

 

I questioned the adviser as to how Brighthouse own store policy can overrule government created law, however, I was not given any answers.

 

 

I will keep this thread updated, including links to letters, court paperwork etc.

 

Any comments, ideas, suggestions are welcome!

Link to post
Share on other sites

I see that there is a 'Brighthouse' rep using this forum.

 

As Brighthouse have in my opinion ignored me so far, then, should this matter proceed to court I would need to have been seen by the Court to try and reach a solution.

 

For that reason, I am now writing a letter within this forum to Brighthouse in the hope that Brighthouse rep will reply.

 

However, if the Brighthouse rep does not reply,

then this again can be shown in Court to demonstrate that I have tried my best to reach an amicable solution as well as evidence for the costs

I will attempt to claim in respect of the time I have taken so far in trying to get Brighthouse to abide by the law.

 

 

To: BRIGHTHOUSE

 

Consumer law states:

1.5.2. Do not make statements like “if you can buy this product elsewhere for less, we will refund the difference” about your “own brand” products

which other traders do not stock, unless your offer will also apply to other traders' equivalent goods.

 

If there are any conditions attached to the offer (eg it only applies to goods on sale in the same town or excluding Internet sales)

you should show them clearly and prominently, with the statement.

 

This law can be seen on: legislation.gov.uk/uksi/2005/2705/made

 

Can you please let me know your reasons as to why you are not willing to abide by this law?

 

After a telephone conversation with an employee within your head office today,

I informed him that the call was being recorded for my legal reasons and he was happy to continue with the call.

 

He informed me that Brighthouse would not allow the price promise as the other product is not identical.

 

I then informed him that it seems highly impossible for Brighthouse to honor its price promise since my research shows that the products sold by Brighthouse are not sold by other retailers.

 

I then informed him of the law which states that in this instance, as Brighthouse have a price promise and as Brighthouse seems to only sell products exclusive to themselves,

(their own brand) then the law states that I can look for an equivalent product of the same specification, albeit a different manufacturer.

 

The Brighthouse employee then told me that the price promise is only for identical products.

I again informed the Brighthouse employee that whilst this is the policy for Brighthouse, it is only policy and not law.

 

It is my opinion that Brighthouse are now deliberately ignoring this law!

 

My questions to Brighthouse are as follows:

 

1. Do you intend on allowing this law and reducing the high price of your product from around £800.00 to that of £329.00?

 

2. If you do not indent on allowing this reduction (I believe I am entitled to this reduction within UK statute law),

then, please let me know your reasons as to why you will not allow this reduction.

 

I have already been told numerous times that you will not allow this reduction as the price promise is only applicable for identical products,

however, each time Brighthouse tell me this I then tell Brighthouse the law,

ie: the reduction should be made based on a NON - IDENTICAL product of the same specification.

 

To reiterate:

The problem is you have sold a TV at a cash price of around £800 (with added finance)

whilst the same size and specification TV can be purchased for £329.00.

 

You are, in my opinion failing to recognise consumer rights, that is,

the consumer is perfectly within law able to look for a similar specification product and demand that you abide by your price guarantee and reduce the price accordingly.

 

If you are unable to provide this reduction, then, please will you escalate this complaint further, possibly with your own legal team who can then advise you accordingly.

 

I look forward into receiving a response from yourselves.

 

If however, you choose to ignore this, as you have already ignored 2 letters previously sent to yourselves as well as ignoring 3 letters

that have been given to store and ignoring the contact form I completed on your website, then,

these actions, along with this forum post will serve as further evidence within court that I have tried my best to rectify this with yourselves!

 

Please govern yourselves accordingly and with respect for UK consumer law which makes provision for your customers to enforce your 'PRICE PROMISE'

by searching for similar specification products, albeit a different brand.

 

Regards

Link to post
Share on other sites

Two threads merged

 

hi, thanks for merging the threads, but although both threads are similar, one of the threads was general thread and quoted the law and invited comments from other people whilst the other thread was intended for the Brighthouse rep to answer... would have sent you this in PM but i dont have enough posts for that...

 

thanks

Link to post
Share on other sites

You can PM any of the site team.

 

In an open forum you may get replies from other members anyway regardless of whether a post is aimed at a particular company.

 

It is always worth remembering that a company may not wish to respond to a post in open forum although we obviously hope that they do.

 

These posts are to do with the same issue i.e. the Brighthouse Price Promise and there is no mileage on having the same thing in different threads.

 

Link to post
Share on other sites

There are any amount of different 46 inch tvs on the market. Regardless of the Law, before going to Court I think it would be wise to check that the cheaper tv is identical to the one

in the Brighthouse catalogue. I do not mean identical in name, but both sets have identical features and materials for example. For if they are different you may have difficulty

convincing a Judge that you have made your case.You could start off by trying to work out why there is such a price difference which may indicate that the Brighthouse one has better

quality components or perhaps Brighthouse are overcharging, or cannot compete with Currys on turnover and so unable to operate on smaller margins.

Link to post
Share on other sites

There are any amount of different 46 inch tvs on the market. Regardless of the Law, before going to Court I think it would be wise to check that the cheaper tv is identical to the one

in the Brighthouse catalogue. I do not mean identical in name, but both sets have identical features and materials for example. For if they are different you may have difficulty

convincing a Judge that you have made your case.You could start off by trying to work out why there is such a price difference which may indicate that the Brighthouse one has better

quality components or perhaps Brighthouse are overcharging, or cannot compete with Currys on turnover and so unable to operate on smaller margins.

 

hello lookinforinfo!

trying to research 'Baird' is highly impossible. http://forums.digitalspy.co.uk/showthread.php?t=1300682 - basically, baird is just a badge put on a generic TV.

As it is exclusive to Brighthouse, it would have little resale value compared to that of a known brand such as Sony or JVC etc.

 

As to there being such a price difference, I am not sure whether this is due to 'Baird' having superior quality components, although if Baird uses superior quality components that should not make the price double or more than double that of equivalent models from the high street. I would suspect that Brighthouse charge more than double compared to an equivalent model because they are able to do that - and then, if their customer knows consumer law (ie - using law to price match a non identical product) then, that customer is just fobbed off by brighthouse and the price promise is not given.

Link to post
Share on other sites

I think its a foregone conclusion that BH will not respond to this thread (or certainly not in such a way that will answer all the questions) for obvious reasons.

I think also that they will argue that your letter to them on The CAG can not in itself be deemed as a pre action protocol.

I think you would be better to send this in writing to HO FAO their legal team.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Is this the link that you need ?

http://www.legislation.gov.uk/uksi/2005/2705/schedule/made

 

I think that the scope for taking legal action on this falls within Trading Standards,in the same way as CPUTR 2008.

If the price promise features in their terms/codes of practice,and BH can clearly be seen to be failing to comply with those,then this would fall under CPUTR2008-which is also within the scope of regulators to prosecute under.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

I think its a foregone conclusion that BH will not respond to this thread (or certainly not in such a way that will answer all the questions) for obvious reasons.

I think also that they will argue that your letter to them on The CAG can not in itself be deemed as a pre action protocol.

I think you would be better to send this in writing to HO FAO their legal team.

 

hi, yes, i agree with you that Brighthouse would probably not answer this thread for obvious reasons!

 

I have already sent them a total of 5 letters plus 3 phone calls. The letters remain unanswered.

 

Martin, the main reason for my posts here concerning Brighthouse is that I have now experienced the way in which they treat their customers and I am far from satisfied with their level of customer service! If I can just help one other person save £400 on the cost of their TV then happy days!

 

However, notice to Brighthouse staff: Please do feel free to comment here as to why you will not abide by UK law concerning your price promise and reduce the price of your TV from around £800 to that of £329

As a retailer in UK, you are obliged to adhere to consumer laws which you are obviously not doing!

Link to post
Share on other sites

Is this the link that you need ?

http://www.legislation.gov.uk/uksi/2005/2705/schedule/made

 

I think that the scope for taking legal action on this falls within Trading Standards,in the same way as CPUTR 2008.

If the price promise features in their terms/codes of practice,and BH can clearly be seen to be failing to comply with those,then this would fall under CPUTR2008-which is also within the scope of regulators to prosecute under.

 

Hi, yes, that is the correct link that contains this wonderful piece of legislation (wonderful for Brighhouse customers who are paying high high prices)

1.5.2. Do not make statements like “if you can buy this product elsewhere for less, we will refund the difference” about your “own brand” products which other traders do not stock, unless your offer will also apply to other traders' equivalent goods. If there are any conditions attached to the offer (eg it only applies to goods on sale in the same town or excluding Internet sales) you should show them clearly and prominently, with the statement.

 

Trading standards say that they will contact me no later than Tuesday next week (i'll update here when they do, and will keep this thread updated with other things)

Link to post
Share on other sites

Are you under any agreements with them now ?

If you are a customer then they are duly bound to respond to your letters,as holders of a Consumer Credit Licence.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Are you under any agreements with them now ?

If you are a customer then they are duly bound to respond to your letters,as holders of a Consumer Credit Licence.

 

Umm.... no. I am not a customer.

 

The reason I am involved is that my friend asked me for help because he was paying more than he expected. (DLC and OSC). These are now removed...

The family who purchased this have difficulty speaking English, they know only Latvian and Russian languages.

 

Brighthouse have been informed that I am further helping my friend with this, even though I have wrote the letters to BH myself, they are signed by my friend.

In addition to this, they have been sent a letter confirming that my friend has given me full permission to deal with this matter on his behalf.

Link to post
Share on other sites

Privet to your friend.

I know some appropriate words they could say to BH in Russian but cant post them here.

Instead will pm you !

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

hi lookinforinfo! i would have been happy if trading standards did this some time ago. but as it is now, i have spent my own time helping my friend and hope to claim this back as an expense through Court. If i could justify working 50 hours on this, (eg, researching the laws, writing letters, preparing court papers etc) then that 50 hours based on a national minimum wage would totally cover the £329.00 (if the court orders that the price be reduced to £329).

 

maybe that is just wishful thinking :)

Link to post
Share on other sites

Costs for a LIP exceed the minimum wage !

But as I said,filing a claim using the stats you are citing is only in the remit of the regulators.

Perhaps you could get around that by filing instead for breach of contract or else misrepresentation

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

what is a LIP??? cant find answer on first page of google so have given up!

costs may exceed minimum wage, but i dont know how much i can claim, so thats why i decided on x number of hours @ national min wage rate.

 

i am unsure how i can take this to court but i fully intend to!!!!

 

breach of contract showing my attempts at getting them to honor their promise and showing the law that states that they are obliged to match a non identical product as it is their own brand. i think i request that the judge amend the HP agreement from Brighthouse (under administration of justice act?)

and then costs?

Link to post
Share on other sites

Litigant in persons costs-google that !

There is provision under CCA for a court to rule on agreements.They can even void it.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

i have sent the following email to about 9 different email addresses for brighthouse. as i said earlier in the thread, i will keep this updated!

 

 

cleardot.gif

I have already sent two letters to your head office approximately 3 weeks ago. Last week, I personally gave letters to staff within your Wallasey branch. I am still waiting for an acknowledgement of the letters sent.

 

The letters are in relation to your PRICE MATCH.

 

After visiting the above store, I was given a phone number to contact whereupon in response to myself stating the relevant law, I was told that you would not allow this.

 

The second time I contacted yourselves, I informed your staff member immediately that the phone call was being recorded by myself for legal purposes and inquired if your staff member was happy to proceed with the call, in which he replied 'yes'.

 

During this telephone call, I informed your staff member of the following law which can be seen on: www. legislation.gov.uk/uksi/2005/2705/made

 

 

1.5.2. Do not make statements like “if you can buy this product elsewhere for less, we will refund the difference” about your “own brand” products which other traders do not stock, unless your offer will also apply to other traders' equivalent goods. If there are any conditions attached to the offer (eg it only applies to goods on sale in the same town or excluding Internet sales) you should show them clearly and prominently, with the statement.

Your staff member told me that the product must be 'identical' on numerous occasions, each time, I replied quoting the above law.

 

This matter could not be resolved.

 

Therefore, I would like you to respond to the following 2 questions:

 

1. Do you intend on adhering to this law and reducing the high price of your product as per your price guarantee?

 

2. If you do not intend on allowing this reduction, then, please let me know your reasons as to why you will not allow this reduction.

 

 

In one particular telephone call, it was transferred to a lady who stated that she had knowledge of the law. She said that the law I was quoting was infact not law but was just a guide!

 

Unfortunately, this lady staff member I spoke with on the phone is completely wrong. The law I am quoting is infact law and can be seen on the government website legislation.gov

 

 

I am aware that all your calls are timestamped and referenced by customer / caller, I was told this by your staff. Therefore, it will be easy enough for you to listen to the calls and see for yourself the way in which your staff have a total disregard for the law!

 

As this law states, retailers who have a price guarantee and who sell their own brand products must match the price of an equivalent product, albeit a different manufacturer.

 

I look forward into your response. Please will you answer the 2 simple questions which I have provided yourselves above.

 

If you require any further clarification or assistance in this matter, please contact me.

 

Regards,

 

 

 

NOTE: This email has been sent to various people within Brighthouse. The reason for this is that I am still waiting for an acknowledgement for the 2 letters that were sent to yourselves approximately one month ago. Should this matter escalate legally, then I would need to show the court that I have done everything possible in order to rectify this matter with yourselves.

Therefore, sending this email to various people will help me prove this.

Link to post
Share on other sites

Hello-have you got a model number for the TV ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Looking at discussions on the internet,it seems Philips are making some TVs re-badged as Baird,but LG has been mentioned for TVs over 40"

Look to see if its made in China too.

Technosonics name also came up-these are sold in Tesco!

 

NB;When asked to confirm if Philips do make TVs with a Baird branding they flatly denied it.

Although this could be due to the information being commercially sensitive,or other contractual obligations.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...