Brighthouse - 4 Defaults - Claim Issued***Resolved***

[stuckinarut11]

• Agreement 1 – 05/05/2015 - £1.388 – defaulted at £972.00 – Weekly £49
  
• Agreement 2 – 13/08/2015 - £2,458 – defaulted at £2131.00 – Weekly £60
  
• Agreement 3 – 13/08/2015 - £450 – defaulted at £374 – Weekly £17
  
• Agreement 4 – 01/09/2015 - £429 – defaulted at £357- Weekly £21
  

Litigation to be commenced against Brighthouse in relation to Accounts held.

 

I was not stranger to the business upon taking the first agreement in May 2015.

 

The first agreement runs smoothly after 3 months I took out further finance, this was available from 8 weeks and each time I visited store to pay I was prompted to purchase take out further agreement, whilst I accept it was ultimately my decision to take out the finance I argue that they have not lent responsibly, until agreement number 2 my weekly payment was £49, in August they agree to more than double this by granting further finance of £2908.00 taking my weekly payments from £49 to £126. Two weeks later when I needed an essential small product further finance of £429 was granted increasing the weekly payment up to £147.00.

 

In the space of 18 days my finance commitments had increased by £98.00 from £49.00 to £147.00.

 

Needless to say this soon became unmanageable and by the third week of September I was unable to make the weekly payment of £147.00, the proof of income from the first agreement was used for the further 3 agreements.

 

This is where my world could have fallen apart if I was not aware of my rights:-

 

• Their contact centre phoned me up to 9 times a day, In-house collections
  
• The store staff came knocking in a white transit van
  
• The unauthorised bailiff refused to move out of my front garden until I proceeded to dial 999 on my mobile.
  
• The agent remained parked in his van outside my house for 45 minutes.
  
• I was charged £5.50 per an agreement for the privilege of the above, £22.00 extra. Penalty charge
  
• I have been charged this £22.00 every week since 20th September.
  

26th September – letter sent to Brighthouse regarding repayments, made reference to the amount of monthly payments were on average £600 a month which was 50% of my wages and requested they remove all interest from my accounts, remove and stop all charges and agree to a repayment plan on £60 per month.

 

Brighthouse wrote to myself on the 2nd October and agreed to the above repayment of £60 per a month, they stated that as interest is front loaded there would be no further interest charges applied to the account.

However in order to accept the above I needed to visit my local store at my earliest convenience.

 

I further contacted Brighthouse requesting bank details to make the monthly payment I also raised question of the interest and further requested it was removed completely and agreement was made for the cash price of the goods.

Even though in their own written correspondence on the 2nd October they agreed in principal to a repayment plan I continued to receive weekly letters and charges of £5.50 per a week applied.

 

THE ACCOUNT WAS IN DISPUTE

 

November came and went no correspondence whatsoever from Bright house

 

December came, Equifax credit alerts, Log onto my credit file and low and behold Brighthouse have registered a default on all 4 accounts.

 

Until today I have been in discussions with Brighthouse and I have still not been supplied with bank details!!

 

Brighthouse have registered defaults on accounts that were clearly in dispute, this is a breach of the ICO guidelines on registering defaults with credit reference agencies.

 

Brighthouse claim that as they had issued a response the account was not disputed.

 

I was not contacted before these defaults were registered, Brighthouse claim they were asked not to call or visit me whilst I accept this the only letters received were £5.50 weekly charges, these letters breached their acceptance on the 2nd October as the charges should have been removed and should not have been applied continuously.

 

I know that the insurance has not been removed and has still been charged despite the account defaulting, in their own contract they state the insurance is cancelled once a payment is late.

 

I wish to commence a claim through the county courts for a judge to review this as I am not accepting these defaults for a period of 6 years.

 

Payment has never been refused, Means to pay have never been provided. I will not visit the store of the agent/bailiff who trespassed on my property and refused to move.

 

My questions are:-

What section of the Consumer credit act would refer to responsible lending?

 

Would the claim value be the total amount of the outstanding debt?

 

I do not believe adequate affordability checks were conducted, where can I refer to research this further?

 

Can any refer to a claim that has been successful regarding registering defaults on a disputed account?

 

Section 43 http://www.experian.co.uk/www/pages/downloads/compliance/guidance_on_defaults.pdf

“If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender,

then we are likely to find that personal data have been processed unfairly if a default has been filed.

 

 

Defaults filed in these circumstances may also be inadequate for the purpose of credit referencing

in that they do not provide meaningful information about the creditworthiness of the customer.“

[fkofilee]

Woah Calm down there Tiger... Dont just go firing all guns, there must be a better way to deal with this. BH are well within their rights to default you. But it depends if they did it by not paying attention to any agreements.

Let me ask the Site Team for more ino.

[Conniff]

You say loan one was going well, so why did you default that one ?

 

 

CONC 5.2.3G01/04/2014

 

The extent and scope of the creditworthiness assessment or the assessment required by CONC 5.2.2R (1), in a given case, should be dependent upon and proportionate to factors which may include one or more of the following:

(1) the type of credit;

 

(2) the amount of the credit;

 

(3) the cost of the credit;

 

(4) the financial position of the customer at the time of seeking the credit;

 

(5) the customer's credit history, including any indications that the customer is experiencing or has experienced financial difficulties;

 

(6) the customer's existing financial commitments including any repayments due in respect of other credit agreements, consumer hire agreements, regulated mortgage contracts, payments for rent, council tax, electricity, gas, telecommunications, water and other major outgoings known to the firm;

 

(7) any future financial commitments of the customer;

 

(8) any future changes in circumstances which could be reasonably expected to have a significant financial adverse impact on the customer;

 

(9) the vulnerability of the customer, in particular where the firm understands the customer has some form of mental capacity limitation or reasonably suspects this to be so because the customer displays indications of some form of mental capacity limitation (see CONC 2.10).

 

https://www.handbook.fca.org.uk/handbook/CONC/5/2.html

[stuckinarut11]

Thanks Coniff. Exactly what I was looking for.

 

I defaulted on the first account as tried to agree a payment plan for all agreements. Yes I could have maintained the £49 payment however there still would have been a £98 shortfall.

 

Accepted I could have continued to pay the first agreement however I decided I wanted to collate all and arrange one monthly payment

[citizenB]

 

Their contact centre phoned me up to 9 times a day, In-house collections

The store staff came knocking in a white transit van

The unauthorised bailiff refused to move out of my front garden until I proceeded to dial 999 on my mobile.

The agent remained parked in his van outside my house for 45 minutes.

I was charged £5.50 per an agreement for the privilege of the above, £22.00 extra. Penalty charge

I have been charged this £22.00 every week since 20th September.

 

 

 

Have you made a formal complaint - in writing - to their Head/Registered office ?

 

Especially in respect of the phone calls - see Robert v Bank of Scotland (telephone harassment )

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?425654-Roberts-v-Bank-of-Scotland-plc-and-another-2013-All-ER-%28D%29-88-%28Jun%29-Telephone-Harrassment

 

Also the unauthorised bailiff - they cannot instruct a bailiff unless court action had been taken and they received judgment against you and then you refused to pay. So this looks like intimidation/harassment.

 

I would think the penalty charges could be reclaimed as well. Do you have the insurances ? If you ahve your own home insurance, then you might not need all the "mandatory" insurances.

[Conniff]

Any further news for us witsend ??

[stuckinarut11]

Awaiting a reply from Brighthouse regarding the submitted complaint.

 

Court claim issued for a DPA breach.

 

This claim is for a breach of principle four of the Data Protection Act.The defendant has reported inaccurate information on the claimant's credit file for an extended period of 10 months.The defendant breached their own terms of contract by failing to deliver.The claimant has suffered a detriment due to this as it appeared to other agencies viewing the claimant's credit file the claimant had a debt of £1788.00. Assurances were provided the record would be removed entirely.Furthermore the claimant has suffered a loss as this account affected his credit score which has resulted in borrowing being declined. Forcing the claimant to seek finance from high interest company's. The more credit reported on an individual's credit file the lower their credit score becomes. I respectfully request the court to grant judgement for this evident breach and award compensation at your discretion for the detriment. I refer to the case of Durkin vs PC World heard in the Supreme Court to support my claim.

[stuckinarut11]

Upon review of my credit file an account previous that they breached contract on was reported to the credit agencies.

 

I'm hoping they counterclaim me regarding the live agreements

[fkofilee]

Upon review of my credit file an account previous that they breached contract on was reported to the credit agencies.

 

I'm hoping they counterclaim me regarding the live agreements

 

Good Afternoon Witsend99

 

Thank you for updating CAG on your situation. As Legal Action has now commenced, thread has been moved to Legal. I will also PM You shortly on the link for when you next login.

What did you use as the claimant's address?

[stuckinarut11]

5 Hercules Way

Leavesden Park

Watford

WD25 7GS

 

I must empathise. I've decided to take this step by step and the claim is only based on an old agreement as stated breach of priciple 4 as was still being reported to credit agencies. They failed to deliver.

Edited February 16, 2016 by fkofilee
Tidyup

[fkofilee]

I must empathise. I've decided to take this step by step and the claim is only based on an old agreement as stated breach of priciple 4 as was still being reported to credit agencies. They failed to deliver.

 

Witsend.....Can i ask what you expect to gain on this?

BH are entitled to default you on credit agreements that have not been fulfilled.

 

However while i agree Legal Action is acceptable in some circumstances, Did you exhaust BH full complaint procedure?

[stuckinarut11]

Update

 

Agreement one claim settled. Cheque received in post today for full amount of claim. No correspondance from Brighthouse.

 

To recap this was an agreement they failed to deliver on but continued to report to CRA. The claim was issued for breach of principle 4 of the DPA accuracy.

 

Now to resolve the other 4 agreements. Brighthouse haven't Acknowledged my claim however they did pay me in full.

 

BH Complaint procedure is adysmal, I've exhausted it I can assure you to the point of dealing with customer service director. They are the same from the top down

[stuckinarut11]

Witsend.....Can i ask what you expect to gain on this?

BH are entitled to default you on credit agreements that have not been fulfilled.

 

However while i agree Legal Action is acceptable in some circumstances, Did you exhaust BH full complaint procedure?

 

 

BH Complaint procedure is adysmal, I've exhausted it I can assure you to the point of dealing with customer service director. They are the same from the top down

Edited February 11, 2016 by honeybee13
Pejorative remark removed.

[fkofilee]

I am surprised by this result. Very much so...

 

Please would you mind keeping us posted on this? But may I ask, youve been give a cheque, but are they going to remove the entry? How much did you get from them?

 

Also for the benefit of the forum, do you have your PArticulars of claim?

[stuckinarut11]

Entry was removed last week.

 

Cheque was £500 for the breach and £35 court fees.

 

Their AOS is/was due on the 14th Feb

 

POC I used;

 

Awaiting a reply from Brighthouse regarding the submitted complaint.

 

Court claim issued for a DPA breach.

 

This claim is for a breach of principle four of the Data Protection Act.The defendant has reported inaccurate information on the claimant's credit file for an extended period of 10 months.The defendant breached their own terms of contract by failing to deliver.The claimant has suffered a detriment due to this as it appeared to other agencies viewing the claimant's credit file the claimant had a debt of £1788.00. Assurances were provided the record would be removed entirely.Furthermore the claimant has suffered a loss as this account affected his credit score which has resulted in borrowing being declined. Forcing the claimant to seek finance from high interest company's. The more credit reported on an individual's credit file the lower their credit score becomes. I respectfully request the court to grant judgement for this evident breach and award compensation at your discretion for the detriment. I refer to the case of Durkin vs PC World heard in the Supreme Court to support my claim.

Edited February 16, 2016 by fkofilee
Tidyup

[fkofilee]

Thank you, will you be using these on your next claim against them?

[stuckinarut11]

This is where it gets difficult as the other four are live agreements however again they are reported incorrectly

 

Firsty

The file shows the agreed monthly payment as a weekly payment, this has allowed them to register 4 defaults rather quickly.

Example agreement is £6 per week, CRA shows £24 payment frequency weekly so this is inaccurate. You miss £12 but the CRA report shows £48 missed 2 payments.

 

They have registered 4 defaults on disputed accounts.

 

The dispute is harassment breach of contract and threatening behaviours.

 

Plus poor state of repair of goods.

 

I'm cautious they will submit a counter claim for all monies due plus interest however my defence would be affordability checks not completed using wonga FCA ruling as example cade.

 

I need these defaults gone

[renegadeimp]

If the defaults were placed correctly, then you wont get them removed unless BH decides to do it as a gesture of goodwill. Just because you dispute it, doesnt mean that the defaults were not placed correctly.

[stuckinarut11]

There were placed on a disputed account which is against ICO guidance, the account was clearly in dispute as I had a complaint resolution letter after the registration of defaults. The information reported on the defaults does not accurately reflect the agreement history.

 

The account was in default 6 months ago then they suddenly place the CRA entry. Once I offered a repayment plan

[mikeymack2002]

Maybe admin can alert Jason from Bright house to this thread. Then we can see what he can do here?

[fkofilee]

There were placed on a disputed account which is against ICO guidance, the account was clearly in dispute as I had a complaint resolution letter after the registration of defaults. The information reported on the defaults does not accurately reflect the agreement history.

 

The account was in default 6 months ago then they suddenly place the CRA entry. Once I offered a repayment plan

 

Witsend, your claim... How much was it for?

When will you proceed with your next claim?

 

Did you manage to get a SAR Request done?

[stuckinarut11]

Claim was for £500 with a £35 issue fee.

 

I did state on the particulars :- *I respectfully request the court to grant judgement for this evident breach and award compensation at your discretion for the detriment.

 

Not done an SAR have all paperwork here will do it when I submit further claim to ensure I have all the recent stuff don't want to have to do it twice.

 

JASON won't comment here. They have no answers or of he does it will be something about visiting my local store or phoning cutomer relations.

 

What's gobsmacked me is they have not even attempted to defend the claim in any way didn't even acknowledge it just paid it

[fkofilee]

Claim was for £500 with a £35 issue fee.

 

I did state on the particulars :- *I respectfully request the court to grant judgement for this evident breach and award compensation at your discretion for the detriment.

 

Not done an SAR have all paperwork here will do it when I submit further claim to ensure I have all the recent stuff don't want to have to do it twice.

 

JASON won't comment here. They have no answers or of he does it will be something about visiting my local store or phoning cutomer relations.

 

What's gobsmacked me is they have not even attempted to defend the claim in any way didn't even acknowledge it just paid it

 

I agree and dont think Jason will comment on a legal standing. I would SAR Them anyway before you do anything further, could have extra notes that could help.

Just a warning, if you have their goods still and they have defaulted you, and it goes legal. The judge may say that you have to return them to remove the default etc....

[stuckinarut11]

I agree and dont think Jason will comment on a legal standing. I would SAR Them anyway before you do anything further, could have extra notes that could help.

Just a warning, if you have their goods still and they have defaulted you, and it goes legal. The judge may say that you have to return them to remove the default etc....

 

I'd happily return the goods If that was what was ordered.

 

The points on these 4 agreements are

 

Collection tactics unlawful amounting to harassment.

 

Failure to adhere to a written request not to trespass.

 

Affordability checks conducted in line with FSA wonga case, I know who's would be a risk but wonga and cash genie been exposed it's brighthouse time.

 

The fact that they have refused to provide me bank details to make the agreed repayment they keep pushing me to store to refinance.

 

The accounts were in dispute due to collection tactics after one week missed payment when they registered this default.

 

We also have the fact that regardless of all else the entries are inaccurate as the monthly payment is recorded as the weekly payment allowing them to default me 4 times faster and recording 4 times amount missed payment than there actually is.

 

Should defaults reflect agreed repayment plans??

 

The main point of my claim would be do brighthouse comply with the consumer credit act

[fkofilee]

OOI your victory that you have with your first claim. Could you take us through the process of how it came to be. Did you just serve the claim on their Head Office Address?

As well have you issued out a notice of discontinuance? With your cheque from BH did you end up getting an accompanying letter?

 

Im trying to understand why they rolled over so easily?