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    • Update on the situation:   Following the run in with the police he has actually gone to the police station himself to question what he was told and was told there is no issue with him idling or moving the car around the car park, so the police officers who told him that were wrong.   As a side note, he knows who it is that's reporting him. Seems to be a bit of a feud between them, but the clarification he got from the police should at least stop them coming around every time a report is made.   Thank you to everyone who replied to this question!
    • I have had another good look around but still struggled to find any templates. I did find a defence on a thread that I have adapted below. I would greatly appreciate some input before I file it. Again, many thanks in advance.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from hanging to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3. Throughout this period Co-operative Energy served estimated bills. This is shown in the one copy of a bill that the claimant has been able to provide. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
    • why are you stuck with them?   do you not understand what i posted above?  
    • 😔 looks like im stuck with them. I am a bit wiser to this kind of thing now. Fingers crossed that something will change! 
    • Travel companies are concerned that providers of pre-holiday PCR tests are profiteering.   https://www.theguardian.com/travel/2021/apr/09/airlines-warn-that-the-cost-of-covid-tests-will-stop-people-going-abroad?CMP=Share_AndroidApp_Other
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Hi Cagger's

 

I know I've been very dumb I know it, anyway I bought something from Bright house last year and I was told if I did not have contents insurance I would have to take out the OSC.

 

In fact I was dumb again the same year and bought something else and was told exactly the same thing.

 

It is my intention to pay these items off and no longer use bright house. but I have since learnt that you can cancell the OSC at any time and I have already drafted a letter using a template from this site.

 

However, I am reading conflicting information about getting a refund for the OSC I have already paid. Is it possible to have this refunded and applied to my account to reduce the amount I owe?

 

I was clearly missold these items as I now understand the line about having contents insurance is bull****.

 

Thanks people

We live in an unmoderated country why should the net be any different?

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I just found this thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?439121-new-to-reclaiming-BrightHouse-Charges-and-OSC-DLC

 

Can someone confirm if it is straight forward to claim back OSC or if they will fight this in court?

We live in an unmoderated country why should the net be any different?

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do you have all your agreements which shows the amounts paid in OSC? If not you will need to send a sar request.

Its a straightforward process but no 2 cases are the same and you must be prepared to go through to court if necessary.

There are many successful threads for BH, have a good look through them to familiarise yourself with what you will need to do.

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

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Good Morning UnmoderatetheNet,

 

Thank you for your feedback.

 

As part of our standard procedure we provide all our customers with an explanation of the key terms of the credit agreement using an agreement guide presenter. Optional Service Cover (OSC) is completely optional and can be cancelled without penalty with just 7 days’ notice, however you would then not be entitled to the following benefits:

• Repair or replacement

• Loan products

• Full returnability without charge

 

By law hire purchase goods do not need to be covered by your insurance products, however full ownership of a product isn’t transferred to customers until the last payment is made on their agreement(s). Therefore, we must ensure that our goods are covered for Fire, Theft and Accidental Damage. Customers can take this cover through a home contents policy. We offered DLC to customers who did not wish to take out a home insurance policy or alternative cover.

 

I have logged this for you under the reference: 257482, I kindly request that you contact our Customer Relations department on 0800 526 069 and quote the above reference so we can look into this further for you.

 

Jason at BrightHouse

Web Relations

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well if you want the items insured then YOU brighthouse should pay for it

not the customer.

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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  • 2 weeks later...

Dear Jason

 

I have logged this for you under the reference: 257482, I kindly request that you contact our Customer Relations department on 0800 526 069 and quote the above reference so we can look into this further for you.

 

I might have been a dumb *^#+^^* for buying something from BH but seriously do you honestly expect me to listen to one of your telephone [removed]/sales people try to convince me that black is white and that you'll give me a twenty pound voucher if I don't ask for all my money back?

Edited by martin2006

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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Bright house are now telling me that the additional service cover can not be stopped because it is built into the price of the laptop I bought.

 

First off is this true, they are known for their bull****.

 

Second if it is true what are my options?

 

Do I have go down the small claims court route.

 

Thanks people

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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Ignore them. It can be stopped regardless of what they say. If they say it's included in the price then sar for a full breakdown as it's forcibly missold

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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Is this their 5 star service? cough cough!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yeh I think so I need to check the paper work for a definite answer. Thanks for the quick response any practical advice please?

We live in an unmoderated country why should the net be any different?

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When did you fall for their sales pitch and become one of their victims?

 

Pre or post 27th April 2015?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Have you got another thread about the same issue?

 

I've responded to your other post about this, if it's the same issue?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Pre April 2015

 

November 2014 to be exact.

 

I'm guessing that's a bad thing right :(

 

On the contrary, it is a good thing, as after that date they moved the goal posts to suit their needs, and it was added in to the price, so

yet again, they're talking nonsense, do you have it in writing, or was it just something one of their employees told you?

 

If you have their name then I'd be telling them if they wish to lose their job and be done for fraud to continue with their lies.

 

If not, then remove the useless cover and refund the amount they have taken off you/

BrightHouse require hire purchase goods to be covered against damage caused by fire, theft or accidental damage.

We regularly talk to customers to understand how we can deliver better value for them.

Whilst a great many of our customers do not have a separate home contents insurance policy and therefore greatly value our Product Insurance offering, this is not true for all of our customers. We will therefore now be offering our customers the choice of how they wish to benefit from the peace of mind that Product Insurance can offer.

If you took out your agreement from the 27th April 2015 and you did not have a home contents insurance policy or alternative insurance to cover Hire Purchase goods, our Product Insurance is available.

Product Insurance Cover provides cover for loss arising from the theft of your hire purchase goods or any loss or damage to them caused by fire or accident. It does not cover you if you lose the product (subject to Terms and Conditions).

If you took out your agreement prior to the 27 April 2015, our Protection Benefit Policy is included in the cash price of the product; therefore there is nothing extra to pay. The insurance provides cover for loss arising from the theft of your goods or any loss or damage to them caused by fire or accident. It does not cover you if you lose the product.

It does not cover loss or damage to anything other than hire purchase goods provided by BrightHouse. (subject to Terms and Conditions).

For more information on product cover click here.

http://www.brighthouse.co.uk/faqs/

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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merged

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'm really confused becuase if you remember my original post. The cover on my laptop is built into the price, not additional. hence the reason why I need help.

 

How can you remove something that is built in?

 

I took out my contract out prior to april 2015 so basically Im shafted. :(

 

 

On the contrary, it is a good thing, as after that date they moved the goal posts to suit their needs, and it was added in to the price, so

yet again, they're talking nonsense, do you have it in writing, or was it just something one of their employees told you?

 

If you have their name then I'd be telling them if they wish to lose their job and be done for fraud to continue with their lies.

 

If not, then remove the useless cover and refund the amount they have taken off you/

 

http://www.brighthouse.co.uk/faqs/

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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Its forcibly sold. Therefore it is technically missold. They think they can say " if you dont want it, dont shop with us", but it doesnt work like that, and thats terrible business sense anyway

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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okay if laptop cost x and they charge Y becuase they add the extra insurance and other cover. How do go about getting the extra removed from payments?

 

I'm not seeing any sucess stories on here of people who managed to achieve this.

 

Sure getting the add ons stopped and removed seems more than double but when its built into the price???

 

Anyone

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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You SAR them or demand a FULL itemised breakdown of the amounts, and what they are attributed to.

 

You wont see many success stories, because very few people actually try and reclaim, or they do, and then dont update the thread.

 

Be warned though, you may have to go through SCC to get the money.

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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  • 1 year later...

Hi all im having problems with brighthouse-caversham finance i took my clomplaint to the fos and their findings was in favour of brighthouse and because brighthouse was not regulatted befor april 14 to be honest im not happy with the out come and im thinking of asking for it to be looked at again by another adjudicator...help please😂

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Hi all im having problems with brighthouse-caversham finance i took my clomplaint to the fos and their findings was in favour of brighthouse and because brighthouse was not regulatted befor april 14 to be honest im not happy with the out come and im thinking of asking for it to be looked at again by another adjudicator...help please😂

 

Then you need to start a new thread of your own....

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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