taken bh to court i have defaulted but washing machine breakdown again.

[dx100uk]

and dUMP the CMC!!

 

they will cost you MORE MONEY

 

do it yourself

 

dx

[antonia26]

Hi i must of signed up before and some how signed in as antoina26 instead of arianna22 can.t remember signing up before .so you know my case i took bh to court and they are defending the claim but don.t know what i.m suppose to do now.

[dx100uk]

ok i'll get you help

 

dx

[caro]

Well received a letter last week from a debt firm saying that i owe bh 425 and want payment

 

they done this day after being filed court papers .

 

and now today got another saying they are defending the claim

 

what do i do now as in the court leaflets no information if this happens so haven't a clue what i.m to do.

 

the debt letter is weird as they said i.ve defaulted on 425

 

i.ve not paid since last october so it would be an hell of alot more

 

don.t know what they are playing at .

 

[EDIT] are looking at my documents to see if its a good case to do of the misselling

 

she was shocked about bayv insurance giving you a loan so ypu pay interest on it and they don.t tell you this.

 

i hope they can make head or tail of the documents

 

cause i haven.t a clue what anything is on there they are so complicated.

 

so any advicr on the court claim eould be great please .thanks

 

If the BH debt from the DCA is regarding an account that you're taking them to court over, write back to the DCA and tell them the account is disputed and subject to a court case. This should stop them chasing you.

 

What date was the claim made? You say they're due to put in a defence by 23rd. I assume this was done online? If they put in a defence then the case should go to your local court and you'll get an allocation questionnaire from the court so a judge can decide which track the case will be allocated to. In all likelihood this will be small claims and then you'll get a court date and instruction on what to do next.

 

If they don't put in a defence you'll be able to apply for judgment by default.

[arianna22]

Hi as you know i.m helping a friend with buy as you view and its come to light that not only have we got copys of contracts not signed by them or us but theirs ain.t either as the items was ordered over the phone .i.ve googled this and come across things saying for hire purchase agreements to be legal they have to be signed by both partys so where do we stand in this now as we plan on taking them to court for misselling insurance.

[arianna22]

Anything please so we know what to put in the county claims forms is is this true about the contracts .

[arianna22]

Right now been told by bayv that if its done over the phone contracts have not got to be signed and oft site will confirm it just been on there and really don.t understand it all.so any imput will help.

[Dottypoppy]

Hi arianna22,

I dont think the point is cos the sale is done over the phone I think it is any contract or agreement with any company. I tried to take a different company on for the same thing as I didnt have signed copies of the agreements but they gave me ones that were the same as the original and just didnt have the signatures on, so i thought the contracts would be invalid. I was told that this is acceptable in court and by the onbudsman as as long as they can show the term that were explained and set up at the time thats all they had to do and the signature isnt that import for some reason.

 

I think they said there was high rule in a court or something anyway it didnt help me as the court said I had to take some responsibity for reading the contracts in the first place and cos I paid for a long time i had accepted the agreement or something, i cant remember as it was a fair time ago.

 

I also tried the same thing with BAYV as i might as well . I did this because i was really struggling wiv everything and got pretty same response but then they put me in touch wiv one of the top directors called elaine mockler and she did sort eveything out for me. i did want to stop wiv BAYV as I dont have anywhere else to be able to get stuff. She agreed for me to be able to set a plan up where i could pay less every week and i didnt have to pay any late fees or owt like that so it was a big relief.

 

I hope you get sorted

Edited March 7, 2013 by Dottypoppy
spell

[arianna22]

Hi thanks for the reply elanie as fot back to us and said they are covered by the supply if goods and service act 1982 when trying to read them there is no mention of insurance in these contracts . Also their contracts are not very easy to understand and not very clear.also never asked for these insurances .that is the problem we.re having only once insurance was asked for by friend and that was for a dsi 3d as it was for a child,plus she was never told you could take it out somewhere else or that you are loaned money to pay for the insurance so you got to pay interest.they even insured her brand new tv which was already insured never telling her this and overpaid for nearly a year as they never stopped the payment if we had not asked what this payment was that was taken out everyweek they.d still be taking it now.

[arianna22]

hi

bh put in their defence

 

court sent it out to me on the 6/3/13 but still not received it

 

the questioner has to be in by the 25/3/13

they.ve resent bh defence last wednesday

still not received that.

 

i.ve downloaded the questioner

but how can i fill it out without knowing the defence

 

am i able to get more time from the court and what is my best defence against the mis selling

 

i.ve witnesses to this also bh dating my documents showing me where to sign

some of my copys not being signed by them or by me .

 

i.m worried about the court saying i should of read them

and i could of cancelled them but even now they don.t make any sense to me .

 

unless you know legal matters they are confusing

 

should i see if a solicitor can help i.m thinking if i can win with their help i rather pay them to win than get nothing.

[marcus6]

I think you need to go along the same line as DLC as they have paid you that back! and it should never have been added ,point this out to the court!,

but i'm sure help will be along soon from the guys on here.

[gregwales]

I have heared before that you can make a agreement over the phone.

[arianna22]

yes its covered but not really sure by distant selling reg but only ever so this with items you are purchasing can it really be the same for hire purchase as you are hiring them and by rights you need to sign something never heard of a car being given to you over the phone and no signed agreements. your also not being told that supply of goods act cover your items if broken down through no fault of your own.

[arianna22]

hi

 

i took bh to court to reclaim osc charges etc in january

still going on now as they are defending it as i defaulted last october after drop in income

had all their bullyboy antics and threatening men but knew my rights.

 

i had a few things last year like my washing machine so not paid a great deal on it.

 

but also had a few things due to end

 

got my dlc refunded as had home contents.

 

the thing is christmas eve my washing machine broke down

main curcit board went

had that fixed on new years eve

 

about 2 wks later it went again and same on tuesday

 

just gone my domestic and general insurance is covering it now

from this month i had to fight to have it repaired last to times

and hoover was pretty good and done it for free

as bh wouldn.t give permission for the repair.

 

what can i do for such a big part to break 3 times in less than 4 months is stupid

hoover don.t want to know

 

i.m now having to wait to have it fixed as he.s just called

and not got the part so another week with no washing machine and a large family .

Edited April 19, 2013 by citizenB

[arianna22]

Hi been speaking to someone at head office today about my county court claim as taken them to court for osc back.

 

I had quite a few points to tell him

 

one was you can.t add interest on my claim after you sent me a default notice .

 

they want me to pay all interest owed.

 

The other was dlc you got to have dlc or home contents

and i said there is no law to say you have to have either of these theres nothing in your contract either.

 

Is reply we have a right to do this if we want it doesn.t need to be in contract and it don.t matter about the law.

 

There was a few other things but he really tried telling me that they don.t get many complaints

and not many people have contacted fos or any other companys you can complain to.

 

I don.t know where he gets is info from but its a load of bull.

 

Another thing this is a great site and its helped me alot and have recommended to other people but how are bh advertising their business on here .

Edited May 21, 2013 by arianna22

[citizenB]

Sadly, unless you recorded that telephone call, then you aren't going to be able to do very much with it

 

Where exactly is BH advertising on CAG ?

[seanamarts]

I think the OP is possibly querying the google adds that pop up. these are not linked to CAG at all.

[arianna22]

Ok didn.t know sorry.

[arianna22]

Since the last time i was on year the same part went again a few weeks later and last week all the paddles snapped off in the drum. 5 repairs since 31/12/13 i.ve had the enginer told me the circuit boards that keep going are 140+ vat lucky d+g are paying for it . My court case is next month bh only want to settle on me owning goods outright and they don.t owe me anything. Its a laugh really as they want me to pay all interest owed on the items to the end of contract told them no way. Also they can have the washing machine back and the settee aslong as i get my money back for settee as nearly finished paying it thats another faulty item many repairs and still breaks ,same places all zips broken, teeth come off everywhere.and also want money back for the insurance i had to take out on washer and petrol money while i was travelling back and fore to have my washing done.

[arianna22]

Hi

 

me and bh tried medation before court end of next month they're defence is i.ve used osc cover but by law my repairs was done in the first year so was covered by the soga

and first year insurance that comes with new goods.

 

But anyway i was claiming 4750 3697 is osc the rest was late fees 8% interest and compensation.

 

They claimed i owed 3633 that i defaulted on included in that is all interest to end of contract

but i found out once a default notice is issued the interest stops from that day.

So its accually over 1200 less.

 

But they want me to settle for me to keep my goods and they don.t owe me anything.

 

I think i got a strong case against them but if the court goes in their favour a

nd says i owe them for my items will it be a case of pay or items back

and if thats the case as long as i don.t sign or give my permission to take the items back will i still be able to get everything i.ve paid already on my items that i.ve paid over a third on.

[ericsbrother]

You know that you have a case and so do they hence the noises.

 

They would need to go to court themselves to recover any goods so they wont be doing that in a hurry.

 

make sure that you have your calculations absolutely correct otherwise they may try and argue that if your sums are wrong then so is the rest of your argument flawed.

 

However, you can do that to them as well so if you spot any errors in their defence put it in writing as part of your evidence bundle

so the judge has the paperwork to read rather than relying on scribbling notes as yopu speak.

it will also focus the minds of BH as well.

[ericsbrother]

put a decent pop up blocker on your computer, I use ghostery

[arianna22]

So does it mean if i lose the court can.t say i got to pay bh the money they counter claiming this is what i can.t find out see. Or can they say yes you got to pay them and then they need to take me to court to get my goods back or money and i don.t know if the courts can award them a ccj if i.m the one taken them to courts.

Edited June 12, 2013 by arianna22

[arianna22]

rwhen bh issue you a default notice - should they then issue a termination notice of agreements after you don.t reply to the default.

 

it states on the default notice that they can do this and a load of other things if i don.t pay or reply.

 

if so does this mean i can end the agreements myself even though its gone past the date of them wanting payment.

[renegadeimp]

Can you post up the default notice? They are restricted in what they can and cannot do.