BrightHouse Charges

[renegadeimp]

If he doesn't pay the charges come Saturday they'll refuse the £70 then demand the payment we couldn't pay. Don't want them banging on our door threatening to take our stuff as 3 items finish in next few weeks. I'm definitely going to send the £10 and reclaim every penny back from them in charges. is there anything else I should claim for.

 

You do realise they are not allowed to do ANY of that ?

[ims21]

Ah so not a great deal of help offered by the rep then.

 

Can you answer the questions above.

 

Are you prepared to test this in front of a judge to get those charges back?

 

When you say you will send the £10 for a SAR and "hope for the best", what do you mean?

[renegadeimp]

Ann Marie contacted the store manager for us. she did say she'd ring us back to tell us what happened but she never did. instead we got call from the store next day moaning. I'll send the £10 and hope for the best. hopefully others can advise. has anyone else on here had them back.

 

Yet again the Bh rep never kept to their word. They did their usual trick of letting the store manager intimidate and threaten the debtor.

[rosey-789]

Yes but they would as that's what they are like.

[rosey-789]

Hope I get the charges back when I send the sar off. I would go to court (partner) would as its his account if it meant we could get them back.

[ims21]

Hope I get the charges back when I send the sar off.

 

I'm not sure what you mean by this. A SAR is simply an request for information and is made under the Data Protection Act. It does not, in itself, have anything to do with getting the charges back apart from allowing you to identify exactly what charges have been levied. It should also help you establish whether interest has been charged on them

 

I would go to court (partner) would as its his account if it meant we could get them back.

 

It is your partner who needs to be prepared to go to court on this if that is the route he/she wishes to take. That would mean that you would need to know and understand why these charges are classed as an unlawful penalty and you would need to prepare a case that you can put to a judge and argue your case. The job involves convincing a judge that they are unlawful penalties.

 

If you are committed to this then we will help you all we can.

 

There is no point in threatening them with court action unless you are prepared to go through with it.

 

If you were successful in court (it will be a small claim in the County Court) it would not set a precedent but it could certainly be classed as persuasive to other County Courts if others wish to take on BH.

[rosey-789]

We are very committed to go to court if we have to I just need some help from you guys to understand it all.

 

I'm not good with things like this but am prepared to do everything we have to to get the monies back they took in charges if you guys could help us please.

[ims21]

Ok then so the first step is, as has been said, to get the SAR off straight away.

 

The template is in the CAG library, the fee is £10 and they will have 40 days to comply.

 

Even though your partner has multiple accounts, only one SAR is needed and only one £10 payment.

 

If you can, send the SAR by some trackable method so that you know when they receive it. Keep all receipts etc. Send the SAR to their head office or even their Registered Office address.

 

Do you have copies of all of the agreements? If not, add a line to the SAR to the effect that it is to include copies of all and any agreements ever held with them.

 

When you get the data back then you will need to complete a spreadsheet so that you can quantify your claim amount. If they have charged interest on these charges then you will want that interest back as well.

 

You will then send them a preliminary letter requiring a refund. This will go to their head office. If they refuse then you would then send a "Letter Before Action" and give them a further 7 days to refund. If they still refuse then you issue in court.

 

While waiting for the SAR, I would write to their head office asking for a full breakdown as to how their charge amount is arrived at and what costs are actually incurred by them. It is highly likely that they will refuse to give this information. In that case hang on to their response letter as you may well be able to use it in your court case to show that you have requested details of the charges but that they they have been refused by BH.

 

Remember, all of this activity is to be done in writing. Do not discuss anything on the phone with anyone from BH and ignore anything that the Store Manager says.

 

You will no longer be dealing with the general staff, you will be taking on the company itself.

[rosey-789]

Thanks very much.

I'll do this all in next few days as we are determined to get our charges back.

 

partner has been a customer since crazy georges.

 

I doubt we'll be able to get all back but hopefully some even if we have to fight in court.

 

to me these charges are penalizing their customers because they are late with a payment.

things can crop up but they don't seem to care at all as long as they get there money including the charges

which they will be making £54 off my partner come Saturday just for late fees.

[renegadeimp]

Why will they be making £54? Just refuse to pay it. They know VERY well it is an unlawful and unenforceable charge. Ann marie knows this too which is why they have never directly answered my question. They always sidestep it, and she even fobbed you off and let you be harassed by the manager.

[hyperjase]

I do wonder how Brighouse would fair if you refused to pay unenforceable charges

and then refused to take your regular weekly payment.

 

I'd also like to see how Ann-Marie can explain where my £5.50 charge actually goes to.

 

Furthermore if I miss two contacts in a week it'll be £11,

but Brighthouse would still only chase me with 1 phone call not 1 per contract so they couldn't argue it covers "costs".

 

Please Ann-Marie could you tell me what my £5.50 unenforceable charge actually covers - the actual cost incurred to Brighthouse.

[renegadeimp]

Brighthouse are not allowed by law to refuse payment towards an outstanding debt. They arent obliged to consider it a repayment plan, but they are obliged to accept whatever money you give towards paying the debt.

[rosey-789]

So if he just paid the £70 they would no doubt ask him for the other payment he couldn't pay last week.

[rosey-789]

But then could they demand the things back if the late payments weren't given. I'm not prepared to lose the stuff we have nearly paid for.

[Jones87]

I too am experiencing difficulties with brighthouse and after reading through this forum found a tonne of very useful information. After gathering my facts and composing an email I have since been conversing with a regional manager, seems like a nice enough chap however I have now been hit with an ultimatum. Would discuss on here but don't want to jeopardise my case is there anyone who could answer a few questions via private message?

 

Sorry for taking on your thread just need advice asap expecting call back from rm tomorrow.

[renegadeimp]

But then could they demand the things back if the late payments weren't given. I'm not prepared to lose the stuff we have nearly paid for.

 

They can TRY and demand. But they wouldnt get anywhere. You paid them the contracted amount and interest for the items. The charges do NOT come into it and they certainly cant take the items back if the debt is purely unenforceable charges.

[renegadeimp]

I too am experiencing difficulties with brighthouse and after reading through this forum found a tonne of very useful information. After gathering my facts and composing an email I have since been conversing with a regional manager, seems like a nice enough chap however I have now been hit with an ultimatum. Would discuss on here but don't want to jeopardise my case is there anyone who could answer a few questions via private message?

 

Sorry for taking on your thread just need advice asap expecting call back from rm tomorrow.

 

Hi. Your best bet is to PM one of the Site team who have their username in orange. They are the best people to send an email to if you are worried.

[rosey-789]

No problem at all Jones87 hope you get things sorted out.

[rosey-789]

But he missed a payment last week so they would say pay the £140 or we'll take your stuff

[ims21]

Rosey.....you would do well to read this.

 

http://www.consumerwiki.co.uk/index.php/Brighthouse_Fact_Sheet

 

Although some of the figures have changed, for example the charge for being late, the principles remain the same.

 

Take particular note of the section about taking back your goods.

[rosey-789]

omg Just read the part where it says " but never take a credit rewrite as this will cancel your protective goods status." partner had agreements rewritten a while back. the items still finish when they are meant to.

[Jones87]

Thank you guys will pm a site team member!

[mikeymack2002]

A question here from what I remember about Bright house,

 

When some one takes out a contract with them they (the customer) are asked for x contacts to be placed on the agreement,

has Bright House applied to the "named " people for their details to be used in a legal contract before issuing goods to the "customer"

and obtained the 3rd parties permission for these details to be used? just thinking out loud!!!!

 

I got a letter from them "Bright House" asking me for money after a relative gave my name on the agreement,

they "Bright House" did not ask my permission to use my name in a contract

neither was it given to the relative,

void contract,

 

a serious letter to "Bright House" brought this matter to a very swift end and

 

I said they would have action taken against them if they ever used my details to form a contract that I had not agreed too OR SIGNED.

 

Has anyone else had this happen?

 

 

MM

[dx100uk]

BH cannot take any goods back without a county order if you have paid more than 1/3rd of that agreement.

just remember, they are HP agreements.

 

you also need to bear-in-mind

that even if you've NOT paid 1/3rd

they still CANNOT enter your house to do so.

 

they have NO LEGAL POWERS TO DO SO.

 

ONLY a court bailiff can do so.

 

whilst mentioning the agreements...

 

if you have OSC and DLC

 

GO GET IT BACK!

 

there are no rules that dictate ANY insurances are COMPULSORY on HP agreements.

 

they are purely an 'item' written into their T&C's.

 

as we've seen with PPI

 

and PENALTY charges on loans and credit cards

 

the inclusion in the T&C's can be questioned .

 

dx

[Guest Ann-Marie at BrightHouse]

Morning Rosey487.

 

I am sorry to hear that this still has not been resolved for you and you now feel uncomfortable with the Store Manager.

 

At no point would we want you to make a large payment on the account if it is going to leave you in financial hardship.

 

Drop me a email at [email protected] and we can see what else we can do to help.

 

Kind Regards

 

Ann-Marie

Web Relations Team