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    • Hello,

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Brighthouse threatening repossession and constantly visiting!


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Hi,

I have three agreements with Brighthouse to a total of £38 a week, only taken out in August

 

but due to an unexpected council tax bill (double the amount I thought, as it had arrears added from a previous property)

I missed a week - then once you miss one, it's difficult to catch up with all the charges etc.

 

since I defaulted on Xmas Eve, this one guy has been to my house around 7 times.

 

I answered the door once and told him i would be paid on friday to get rid of him,

thursday comes along and he's at my door again, so I don't answer.

 

I also don't answer any of the 30+ calls I get from the per day;

 

I know I'm not doing myself any favours, but can't afford to pay with all the charges that have been added on,

and can't afford to get the goods repossessed as I'm a single mum to three young children and can't be without a fridge or a sofa to sit on!

 

Last time I spoke to this guy who keeps turning up at my door, he said they would have to refer for collection and I said 'so be it' kind of thing.

 

He's just been again, spent 20 minutes knocking forcefully and then a further 10 minutes parked right outside my window

(there is a communal driveway running past my house) which was very disconcerting.

 

He's left now, but where do I go from here?

 

Can they repossess my goods now, seeing as I've only paid a few months' worth of the agreements? (and my final one was only taken out a couple of weeks ago)

 

Please help, I'm really worried and am having to sit with my curtains closed all day!

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He is not a bailiff he has no powers and clearly he is nothing more than a muppet

it is harassment contact the police and report him

 

next time the muppet turns up call the police he has no right to be on your property and can do nothing to you

 

Did you get his registration plate pass that on to the police

 

sounds like you a long way off repossession in order to do so they will need a court order unless you surrender the goods

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Will they still need a court order even though I haven't paid much off my agreements?

 

Should I write to the store/head office/someone to offer a lower payment than they would no doubt ask for?

 

They're visiting almost daily and I can only see that getting worse...need them off my back asap but can't afford to pay everything I owe in one go :(

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normally if you have paid more than a third they need a court order

 

but as the goods are in your house they have no right of entry and could do nothing unless you let them in

it is harassment and must stop

 

report them to the police when they return contact the police and tell them there is a strange man that wont leave your property use the 101 or local number

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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this is totally illegal and you need to call the police as soon as he appears again

or

 

take the offensive...get a camera out!!

 

go and film him.

 

tell him in NO uncertain terms

 

you know he is NOT A BAILIFF and has NO LEGAL POWERS.

 

tell him if he comes back or call on your phone again

you will call the police.

 

just to be clear

 

he has NO LEGAL POWERS TO DO OT TAKE ANYTHING.

 

as for the phone calls

 

fire off the telephone harrassment letter.

 

get his name too and the granch he is from and publish it here.

 

lastly

 

i bet you have their two insurances?

 

you do not need those

 

get them cancelled and reclaimed to date.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Are you sure I can cancel the insurances? I thought one was an essential one if you didn't have your own home insuarnce?

 

He's dropped a note through the door each time he's come round asking me to phone him by the end of today, it does have his name on it but he drives a big, white plain van - are you SURE he's not a bailiff?!

 

Why else would he turn up in a van and not a car or BH company van?

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bailiffs are only EVER get involved ONCE the case has been to COURT

 

they get a CCJ [none of these companies has ever got one!!]

 

you then fail to pay the CCJ

 

it goes BACK to court, they appoint a baiiff.

 

he is NOT a bailiff!!

 

 

as for the insurances

 

it is an HP agreement

 

there are NO legal requirements in the HP rules to have ANY insrances

 

get them reclaimed.

 

[and any past ones you have on old stuff from them]

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok, thanks.

 

One final thing - when he turns up again should I answer the door and explain I'm having problems paying?

Offer a small repayment?

Phone the store?

Or none of the above...?

 

I'm just worried if I keep ignoring him/the phonecalls and don't let the store know I'm having problems paying,

then it'll go against me if/when it goes to court,

 

but also scared that if I open the door to him he'll manage to get in,

 

either by pushing past me or putting his foot in the door or something.

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alasia

 

please read what has been posted

 

he is NOT A BAILIFF

 

he CANNOT enter your house WITHOUT you INVITING him in - DO NOT DO THAT.

 

if he does ANY of the above - call the police!

 

you do NOT need to converse with him AT ALL

or TELL HIM ANYTHING.

 

you could wrrite to the stor

explaining you are having difficulties

 

and

could the please refund ALL insurances to reduce the balance. please.

 

if you want to take the high ground

 

FILM the guy when he comes next time

 

tell him to leave you property

and not to ever return

 

also tell him you know he has NO legal powers and if he does not go

 

you will call the police.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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PS re: this sentence from your 1st post "it's difficult to catch up with all the charges etc"

 

The charges are not lawful IMO... you should reclaim these. Keep things in writing, and keep a copy for yourself.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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hi going through same thing also contact trading standards they are great they informed me that if you never asked for the insurance and they put it in the contract automatically not only are you entitled to all of it back plus damages but its a breech of contract and that makes it worthless. you can take out cover with other insurances for far less pay over a year and they normally cover you for 3/4 years thats what i have just done and saved hundreds if not thousands. listen to the guys on here they are great without them i don.t know what i.d of done didn.t even know myself about the misselling of these covers.

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Right so that guy has just been again after a few days' break. Menacing looking man standing by the van door and this guy knocking my door saying he wanted to take the stuff back.

 

He did agree that he can't do anything without a court order, but said that they won't take it to court until after 90 days. I currrently owe 18 days which is £170-something.

 

He was quite aggressive in his manner, kept saying the same thing over and over (you've got our stuff, that's theft) and also kept saying until they apply for the court order, they WILL keep turning up at my door and phoning.

 

I said if they need to contact me it needs to be in writing and he said BH don't do that. He also kept saying I know nothing about BH and my rights, and when I told him that if he turns up again I will phone the police to get him removed, he said the police won't be interested and won't do anything.

 

So, how much of what he said was true, and what do I do when he turns up again?

 

This whole conversation only lasted 5-10 mins, so if I did ring the police next tie he came round, he'd be gone by the time they turned up anyway.

 

What do I do from here?

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film him on your phone!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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But will the police do anything? This guy says not. Like this guy (who is actually the store manager of my local store) said; he's not technically doing anything wrong - as I have 'his' (Bright house's) property and he just wants it back.

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You need to write to BH Chief Executive - firstly by email, then by recorded delivery. Tell them this man is terrorising you, that you are vulnerable single mother of 3 children - and you will be involving trading standards and the local newspapers. Advise them that you are willing to pay but you got into difficulties due to an unforseen bill.

 

BrightHouse Customer Services

5 Hercules Way

Leavesden park

Watford

WD25 7GS

 

Customer care enquiries contact:

Tel: 0800 526 069

 

Email; customer.relations@bright house.co.uk

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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go and see cab and also contact trading standards to make a complaint against them they don.t take you to court i.m over 3 months late paying and mine was 108 a wk i.m in the process of taking them to court went and and got my forms today .if they keep phoning and calling at home its harresment and they can be done for that.i had cab on the phone when the man came and we where arguing they don.t like it when you know your rights get all your facts together stand your ground and they will back off. never heard a peep after i done this .keep sending letters no phone calls .good luck

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Also, phone the police on 101. Do not use 999 or 121 for this call, as those numbers are for emergancy only.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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But will the police do anything? This guy says not. Like this guy (who is actually the store manager of my local store) said; he's not technically doing anything wrong - as I have 'his' (Bright house's) property and he just wants it back.

 

 

wrong!!

 

it is NOT HIS

 

its is not brighthouses either

 

its cavendish finances problem

 

and

if you've paid more than a 3rd

 

a court order is required.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Oh dear

both for the predicament that you are in but alos for the advice given by DX, from thhe site team.

 

Being a volunteer for CAB, he is right with certain things,

ie they are not bailiffs, they are account handlers,

and after meeting with them, the last thing they want to do is retrieve goods, as its lowers the numbers of agreements rented out,

 

therefore the shop not making more money,

 

so trust me the last thing they want is to retrieve.

 

After one missed payment you get calls, if not contact after 2 missed payments, they can and probably will visit you especially if you have mad eno attempt to contact them.

 

They DO NOT need a court order, they need something much easier, YOUR PERMISSION.

If not, thye wont/cant take goods back.

 

As for DX telling you to reclaaim this and that, please ignore it,

he sounds like a solicitor shoutig I know my rights,

 

The Goods do have to be insured 100% by either Brighthouse or yourself, get it insured yourslef its cheaper,

but the goods DO HAVE TO BE INSURED, or they wont be rented out.

 

As for the other insurance, OSC, the optional service cover, is indeed optional.

 

Mist eectrical products have a 12 month warranty anyway,

so its pretty much uselsess,

 

HOWEVER if you get into financial difficulty you can hand the goods back with arrears being written off,

get re wrote (debet erased - and back to one payment) If only other hp companies did this, for example if you default on a car payment, the car gets towed, auctined and you have to pay the difference !!

 

Regarding the late fees - credit cards, mortgages etc all have payment dates, if they are not met, there is a late payment fee, typically £25, I believe Brighthuse is just £4.50,

 

unfortnately, all this is in the ocntract along witht the OSC that you can sign.

 

The police are not interested in people calling at your door, its a civil matter,

I have had clients in bother as they recorded them and filmed them ! Strange world.

 

Most branches will always rewrite an account to help you,

or what we advise is to return the goods 9non essesntial)to you get back on your feet, thats the beauty of hire purchase

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remind me not to come to your CAB area then.

 

show us WHERE any HP agreement rules stipulate you must insure the goods?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i went to cab and that is not the advice i had he sounds more like an employer of bh than cab cause cab and trading standards have told me that i.ve been missold these insurances and u don.t have to have insurance in place first how can you take out insurance on a item you.ve not got yet and who.s to say that u don.t cancel it after.its no different than buying an item on credit and don.t take insurance out.

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brighthouse late payment charge is per item so if u got a few it adds up .and they don.t just phone you they constantly phone you if late from 8 until closing time and when the call they lie and threaten you i had my local cab on the phone when one of bh men was here and everything cab told me bh man said its a lie.

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