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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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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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      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Need Help Dealing with Brighthouse

Supacat15
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Supacat15

Supacat15

Posted
Posted

Hi everyone 1st time poster, long time reader, I'm currently behind on payments to Brighthouse but don't want to pay the the late fee charges.

 

They offered to rewrite the agreement but I want to get the OSC and DLC off my contract and reclaim the money I paid them.

 

What should I do first?

 

Thank you in advance

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deano_uk

deano_uk

Posted
Posted

hi Supacat, I would advise you not to accept the rewritten agreement as you would lose the amount of time you have had in your current agreement and the new rewritten agreement would not take into account your previous time in paying.

 

imo, after writing several letters and emails to this company, all of which were ignored, they only responded when I sent them email stating court action would commence. (some terms to search for this: letter before action, CPR)

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Supacat15

Supacat15

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hi Supacat, I would advise you not to accept the rewritten agreement as you would lose the amount of time you have had in your current agreement and the new rewritten agreement would not take into account your previous time in paying.

 

imo, after writing several letters and emails to this company, all of which were ignored, they only responded when I sent them email stating court action would commence. (some terms to search for this: letter before action, CPR)

 

Thank you for the tip, I will try it out. Did you get your money back?

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deano_uk

deano_uk

Posted
Posted

hi supacat, no, not as yet, they have not refunded the money for both of their "insurances".

 

I had sent the company 6 letters and approximately 30 or so emails (all the same email) Everything was ignored until I sent them a letter before action.

Once they received the letter before action, they replied on the final day.

 

I am helping a friend who purchased from one of their stores. I have started a thread called 'Brighthouse Price Promise' and am updating that. It seems that court action is necessary in order to claim back the money paid for the both insurances and also to make an adjustment on the HP agreement to reflect their price promise.

 

I think there are templates somewhere on this site re letter before action.

 

If you need any more help, please reply here and I can try and help you, or more likely someone else with more knowledge will help.

 

I hope you will follow this through to the end and claim back all the money you have paid for the insurances!

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deano_uk

deano_uk

Posted
Posted

To Brighthouse CEO,

 

I am writing in compliance with the Practice Direction on Pre-Action Conduct. Please regard this letter as a letter before action.

 

My opinion is that the payments I have made in respect of the Damage Liability Cover and Optional Service Cover should be refunded to myself. This is because I have my own home insurance that covers damage / theft (in the case of Damage Liability Cover). Now, turning to the Optional Service Cover, it is my opinion that the law states a retailer can not sell something to a consumer that the consumer already has in law. I see nothing in your Optional Service Cover (apart from the ability for me to return goods to yourself) that is not already covered within law.

 

I request that you refund me the total amount of money I have paid for both of these insurances.

 

I am giving yourselves upto 28 days inline with the Civil Procedure Rules to either refund the money in respect of the insurance payments in full, or provide your reason/s why you will not refund.

 

Now, turning to the late payment fees, I also request that you refund all late payment fees. I believe that these fees are unlawful and should this matter proceed to a Court of Law, I would request yourselves to justify your financial losses concerning my late payments.

 

Regards,

 

Disgruntled customer!

 

======================

 

The above is a quick letter for you, I hope that other people can add, change or make suggestions to it. I am no legal expert and I have probably made mistakes, left out some info etc...

 

Personally, I would only send them a letter before action if you have a 100% intention to follow it through and go to court... I dont wish to sound impertinent or cheeky or anything, but if you cant use CAG search or google search to research, learn and write your own letter before action, then you are unlikely to have any luck in court.

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caz1608

caz1608

Posted
Posted

I have asked Brighthouse for a copy of the original agreement from when i was with my husband and lived in Manchester. When i seperated from my husband i had the agreement changed to show just my name and new address as i left the area. I recently claimed back the OSC for my mother from Brighthouse, and though it took them 6 weeks to send her the cheque, it was settled. The head office have said that the store when i held the original agreement have said that they no longer have a copy as they are sent for shredding 5 years after finishing. I only finished paying for the items just over 1 year ago, and it was only 2 years ago that it was rewritten so it was just in my name.... Surely they cannot have got rid of my agreement already as it is not 5 years yet. I had a copy of the 2nd agreement showing my payments should have been £10 per week, i was paying £18, and that apparently included the OSC and DLC, which we did not want nor need. I have asked for them to refund these charges. They are saying they do not need to refund these charges as everything was explained when we purchased the items. No way did they explain everything to us. We told them the we did not want the DLC charge as we had our home contents insurance already, and we gave a copy into the store.... How can i find out what was added to our original agreement if they are saying they no longer have a copy of it. I have moved a couple of times, and no longer have the agreement..... Is there anything i can do ..

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renegadeimp

renegadeimp

Posted
Posted

They are required to keep the info for 6 years. Sounds like they know what they are doing and are getting rid of the evidence.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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caz1608

caz1608

Posted
Posted

Is there anything i can do about it. I have paid nearly £3000 for a tv and stnd, and over £1200 of that is OSC and DLC, all i have is the rewritten agreement from when i moved... There email says that the payments were £10. per week. I have copies of my bank stattements that show i was paying £18 a week....

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