Jump to content


  • Tweets

  • Posts

    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
  • Our picks

Wenglish2016

BrightHouse cheque received today after complaint advice needed please

style="text-align:center;"> Please note that this topic has not had any new posts for the last 571 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

UPDATE 3/02/2018

 

Hi guys the long awaited final decision letter has arrived and yet again they completely lied on the phone yesterday (nothing new ) the letter is actually quite in depth and lists all costs and reasons it’s around 5 pages long.

 

In a nut shell they have stated that I was 1000% correct and on 10 agreements taken out from November 2011 - July 2014 the correct checks weren’t completed for instance some agreements had no income or expenditure what so ever like I stated all along and also some were simply Used with a single wage slip no expenditure completed and then other agreements assessed using simply my payment record as again I’ve stated all along

 

It states they are not refunding the £3553.50 made towards the cash value of the items during my rental period as you have received the benefit from having the items ( Where do I stand with this part as the cash value is completely over the top and only used to take out the agreements had I not used Brighthouse I would have purchased these items far cheaper in say currys ?

 

The letter goes onto say there is another 3 x Agreements they haven’t included because they were taken out in May 2011 and it’s just outside of the 6 years by a few months because I made the complaint in October 2017 is that allowed ? They clearly have the information as they have listed all 3 items in the letter ? I only stopped paying them well under the 6 years so can they be included because they are very high value items ?

 

MIA SETTEE X 2

SAMSUNG SMART TV

APPLE IPAD

 

BREAK DOWN OF PAYMENT FOR CHEQUE

 

TOTAL AMOUNT PAID £6828.86

CASH PRICE OF ITEMS £3553.50

DIFFRENCE BETWEEN TOTAL PAID AND PROPORTION OF CASH PRICE PAID,I.E INTEREST & CHARGES APPLIED £3275.36

8% SIMPLE INTEREST ON DIFFRENCE £950.49

TOTAL PAYABLE (INCLUDING 8%SIMPLE TAX)

TAX DEDUCTIBLE ON INTEREST £190.10

TOTAL PAYABLE TO YOU £4035.76

 

It then states it’s their final response and I have 6 months to go to the ombudsman service

 

So what do you guys think ?

Share this post


Link to post
Share on other sites

Sorry I’ve just had another read of this and In fact it states at the end they are not upholding my complaint for 5 agreements as they state the correct checks were completed

 

for instance it says against the Acer tablet i issued a single payslip and no expenditure form ?

 

It also states because I had a good payment record that was good enough ?

 

I don’t think so somehow so this is definitely going to the ombudsman service.

 

Dose this mean I can’t cash the cheque then now as I’m disputing the other items ?

Share this post


Link to post
Share on other sites

off to the FOS me thinks.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

100% currently filling in their forms online as we speak

 

can I ask what about the items 3 from May 2011 just outside of the 6 years that they claim it to late can I include these ?

Share this post


Link to post
Share on other sites

yes include everything


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
yes include everything

 

That’s now done and sent off thank you again it’s all been included, just reading this letter it’s absolutely laughable at there excuses I can’t wait for the ombudsman to read it

Share this post


Link to post
Share on other sites

their...not there


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Quick update

- My claim is now currently awaiting an agent from the ombudsman service to take on my case

but after chatting to the ombudsman service via twitter and then on the phone around a month ago

the person pushed my claim on and also looked into me cashing the cheque.

 

He came back after around 10mins and stated he personally gives me permission to cash the cheque because brighthouse have paid out in full for their mistakes and that’s not what my claim is for.

 

I’m claiming for the items brighthouse feel they did the correct level of checks on

he was also annoyed with way the final response was written in regards to cashing the cheque and no mention of full and final settlement

 

he also made notes on the customer relations department refusing to talk to me about my complaint as it’s now with the ombudsman service again he wasn’t happy with that response and he’s added his thoughts to my case so all good on that front.

The cheque has been cashed and cleared.

 

I also requested my SAR information

they had 40 days to comply and that deadline was up on Saturday 17th March.

 

Friday 16th March 1 day before the deadline while I was out they hand delivered the information and left them with my neighbor so just in time

I’m not very happy with the information though and there are lots of things that are missing like previous complaints

 

not a single mention of the complaints made to the ceo office on whom I complained to a number of times over the years regarding irresponsible lending and other issues..

 

They have also used a black marker pen and hidden a number of things listed under comments ???

I was under the impression that wasn’t allowed As obviously it’s information about me and my recent complaints.

I’d love some feedback on that if possible?

 

They also included

which I’ve been saying all along

on how bad they were and included a incentive letter they issued me while I had 9 agreements running asking me to take out further items and they will reward me with gifts and vouchers lol bearing in mind this was sent when they have admitted they didn’t do the correct level of checks with no proof of income or expenditure.

 

They also go on to say they have no information for my items before 2014 yet have included the information i needed about the items from 2011.

They have contradicted themselves quite a bit

 

I’m going to have a good read of everything over the next day or so and see what’s what to better my complaint with the ombudsman service.

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

I’m glad you seem to be getting somewhere, or have gotten somewhere I should say, my post is a few threads down, I officially made my complaint in Dec/jan but they lost it and I was forced to make another over the phone on the 5th of feb, I’ve called them several times but nothing yet (I’m halfway through week 6 before I can go to the FOS)

 

Can I ask if you fully paid off or returned the items they have given you the interest back for? I think that’s where they may not hold my complaint as the payments got to £94 a week so I simply couldn’t afford it and at that point for one reason or another (mostly because of my ex) I didn’t have many of the items to give back) others I just needed for daily use like the washing machine and cooker that we’re the original reason I went

 

*edit: they claim to have sent me a courtesy letter on the 9th of February confirmed to my address, but it never turned up

Share this post


Link to post
Share on other sites

My advice.

Bank the money. Forget about Brighthouse. Enjoy a bloody good holiday!


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

UPDATE

 

Morning everyone I’m just checking in to update you on where I am with brighthouse and the financial ombudsman service

 

My case was finally assigned to a investigator last week and contact was made with myself for more information because he needed proof that I’d complained to brighthouse before the 6 year rule on the 2011 items which brighthouse bluntly refused to look into

 

I issued him my proof along with other items that were included from my SAR request to help my case and I’m so glad to have received a email from the investigator this morning to now confirm that he’s happy with what I’ve sent in and that It proved that I’d complained before the 6 year rule and he will now be looking at all 2011 items 😊

 

He’s gone onto say he’s now got to request more information from brighthouse and paperwork etc but due to the issues brighthouse have faced it’s taking around 6 weeks to receive back the information but that’s fine as things are now progressing

 

I’ve also sent brighthouse another email to request all the information that was missing from my SAR request if they don’t comply who do I then go to ? Is it the ICO ?

 

Thanks everyone

Share this post


Link to post
Share on other sites

yes ICO


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hello everyone I’ve had a email this afternoon from the ombudsman service to say that brighthouse have now responded to them and I’ve attached the letter he sent me today. I’m a bit concerned though on his response and on exactly what brighthouse have issued him compared to what they sent me in my SAR request.

 

I’m also unhappy that I now have to do all the running around gathering everything he’s requested when brighthouse should have already had this information when they did the affordability checks

 

My complaint is against brighthouse not doing the correct level of checks yet it’s now me providing the evidence instead of brighthouse which I find wrong

 

He also states about seeing my credit report from 2011 to present yet that only lists things from 6 years so it wouldn’t show anything from 2011 that hes requested and he states brighthouse would have seen the information when they did the credit checks yet brighthouse never used to do credit checks until the last few years

 

Here is the email he sent

 

I’ve gone back to the business to ask them for their comments in relation to the point I mentioned previously as to whether your loans in May 2011 are in or out of our jurisdiction. As I’ve previously explained, it’ll be my decision as to whether they are, but in the interest of fairness I will consider the comments of both sides.

 

However, having reviewed the files they’ve sent across, and the information you’ve provided, it’s now apparent that I’ll need substantial evidence from yourself to show that these loans were unaffordable at the time you took them.

 

I’ll need to see:

 

1. A copy of your credit file, which you should be able to obtain for free

2. Your employment history for the period 01 January 2011 to present (you can get this from HMRC’s online portal)

3. Your bank statements for the period 01 January 2011 to present. As these go back several years you may need to write to your bank to request older copies of your statements, or visit a branch.

 

As I explained previously, I’ll have to check to see whether I think the checks done by Brighthouse are proportionate. If they are, then that is the end of our process and will be my view on your complaint. That’s why I’ll need to see your credit report, because that will have been checked by Brighthouse before you took out the loans. If there was something in your credit report which I think should have alerted BrightHouse to a need for further checks, it’s unlikely I’ll think their checks were proportionate.

 

If I think they weren’t proportionate checks, then I’ll need to consider whether the agreements were unaffordable at the time you took them out. In order to do that, I’ll need to see your bank statements and your employment history. That’s so I can work out how much you were earning, and how much disposable income you had with which to borrow.

 

At that point, I’ll give you a call to discuss what I find and we can take it forward from there.

 

I understand it’s quite a lot of information to provide, but please do let me have your bank statements, credit file, and employment history by Monday 28th May. If I don’t hear from you by then, I will have to make my view based on the information I have available. You can either email me the documents, or send them to the address below by post.

 

If you’ve any questions or comments, please do let me know.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...