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    • There were express terms of repayment of the capital plus interest over 60 monthly instalments.  However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled?   P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them  to ‘call in’ the entire amount of interest on the 5 year loan?  Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause.   If you have any thoughts on the above they would be greatly appreciated. 20191120102845876.pdf
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    • Hello All,   A friend of mine started work for a care home around eleven months ago.   From the very start they over paid her and it has just come to light.   I do not know for sure if she was aware of the over-payment, (she is cunning enough to be aware and dizzy enough to not notice!, with apologies to feminist readers!!).   The company has now demanded she repay the over-payment.  I am not clear what the sums are but she was contracted for around 20 hours a week and was paid for thirty so I would estimate 40 hours x minimum wage x 11 months so something like £3500.  (Please don't comment that this was a huge number that she should have noticed, I already know!).   At first they told her she could not leave until she had paid it back, finally an arrangement was made that she will repay at the rate of £50 per month and must settle the balance if she leaves before she has paid it back and they have made her sign a contract to that effect.   I take the view that whether or not she has an obligation to pay it back there should not be any contract that in effect ties her to the place.  She should be free to give notice and work elsewhere, any repayment should be at a rate she can afford and if she has a better job offer she should be able to take it without having to wait to pay back the overpay.   I would be most grateful for any CAG'ers opinions and comments on this matter and what her rights and obligations are. 
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Good afternoon

 

I currently have an ongoing complaint which has recently progressed to a complaint being made to the financial-ombudsman.

 

I recently received some letters from bright house regarding a late payment fee which say's on all 3 letters that the date of Agreement being 21-11-2017.

Is this the actual day they claim the agreement/contract was made?

 

As One of the items is a Television id took an agreement on in november 2014 and should of been paid of by now but which they claim over £1000 is owing on

 

When challenged about this i stated that we had items 2-3 years after that and told them they would of not allowed us more items if we that far in arrears at which he said he only knows what was written on his pda (called to our home)

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what did you complain about to the FOS

its not clear in your post.

 

all the late payment fees as well as the hidden insurance can be reclaimed at their interest rate.


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hi and thank you for your reply

 

The complaint is regarding a t.v we had from them in 2014 which should of been paid up last november but they suddenly claim we owe £1000+ on even though we never missed it and we even received a "we owe you refund payment" on a couple of months ago. They have failed to send a copy of the contract when asked and have not replied to my emails

 

My question is on the statements it says the "date of executed agreement - 21-11-2017" does that mean they claim thats when we took the contract out? i have receipts showing payments well before that if so

 

Once again thank you for your time

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why don't you send them a CCA request.

I'm not sure what' date of executed agreement - 21-11-2017' means.

 

how much was the TV and how much were you paying weekly?


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Hi

i have just read up on how to send a CCA request which il go about doing.

 

The T.V was £23.00 a week for 156 weeks and was an LG 55 inch TV.

We had originally ordered a 3d TV for around the same price but then for some reason they could not get for us so they gave this one

 

thank you and sorry for my unclear post, I am not very good with explaining in detail while keeping things clear

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that's seems rather cheap £529 for a 55" thru these fleecers.

think you've got the time frame wrong.


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I know ive put socks back on now:lol:


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I know ive put socks back on now:lol:

 

 

:lol::lol:

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Is anyone able to confirm if the date of executed agreement means the date they would be claiming the agreement was taken out. For me it does seem like it would have too but confirmation would make me more certain

thank you in advance

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surely its nonsense unless you took out a new contract then

i'm still trying to understand what your problem actually is other than them saying you still owe £1000

when you think going by your agreement in 2014 its been met


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Is that not big enough a problem but apart from that it is to see if i had understood what it meant by "date of execution of agreement".

 

Also its just another case to show the blatant attempt to rip a customer off. When i challenged the rep who called around he even claimed that when contacting brighthouse through the website it is just a contact centre

 

One other question i have is if i request a copy of the contracts do they have to send a copy of the original contract which holds my signature ? as the ones they had last sent a while ago had no signatures

 

Im sorry i am really just after comfirmation of things as i still cannot get around the fact that its happened

 

Thank you for your time commenting dx100uk. Sorry if i am waisting your time or unclear

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then cca request time get the truth

oh and you do know the doorsteppers are totally powerless.

they are not bailiffs


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Thank you i am going to send a CCA Request in the morning. The chap who had called around was rather intimidating and had even placed his foot infront of my door which i guess is in case i closed it. I had told him that i was currently in discussion with customer support and explained the situation and he had replied that those i contacted are only a contact centre and he will keep calling around

 

Thank you for confirming that i should send a CCA Request. i had not known of this until today

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well next time film him with your phone

and tell him to go away else you'll call police 101

they like any DCA have ZERO legal powers

 

pers i'd be writing to the CEO and complaining about what he did.


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Is anyone able to confirm if the date of executed agreement means the date they would be claiming the agreement was taken out. For me it does seem like it would have too but confirmation would make me more certain

thank you in advance

 

The execution date is the date on which a contract has been signed by all the necessary parties. This may or may not be the effective date of the contract, which may be specified in the body of the document.

 

It may supersede any previous ongoing agreement or may refer to an older agreement entered but only executed 21-11-2017

 

Andy


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The item in question was purchased 3 years prior in 2014 so it would be unusual to execute it 3 years later would it not

 

. The date they have given is one month after the date the actual contract would of finished

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well next time film him with your phone

and tell him to go away else you'll call police 101

they like any DCA have ZERO legal powers

 

pers i'd be writing to the CEO and complaining about what he did.

 

I did actually record him stating that the CAB (citizens advice) would have no way of helping me as they are a 3rd party and also him saying that they cannot give a copy of contracts or payment information to me and also that the customer support for brighthouse is only a contact centre and cannot help in any way

(I was unsure of the law regarding recording someone so i did inform him)

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The item in question was purchased 3 years prior in 2014 so it would be unusual to execute it 3 years later would it not. The date they have given is one month after the date the actual contract would of finished

 

Unusual yes..... but then again this is Brighthouse and most probably forgot to execute the agreement from the original date (2014) of inception...ignore their date your date runs from when you entered and the payments you have made..

 

Your following post clarifies that their staff have no idea of the CCA1974 or consumer matters or what Citizens Advice actually perform.


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Thank you very much.

 

I just cannot wait to get the stress over with; appreciate everyone's advice

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You say "one of the items" so have you bought anything else other then the telly?

 

they may well have set up an agreement on that date for something else and then got the items and agreements confused.

 

list all of the times with purchase dates and then I have no doubt the picture will become clear

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I have had a few phones after i purchased the television. I

 

I did state to them that if i had been so far in arrears would they have let me have more items with the last item being from mid 2017

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so you've sent a CCA request now?

  • Confused 1

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

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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

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i have sent one today so hope to hear back soon. thank you

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then I would bet that the agreement they have dug up relates to one of them.

I have had a few phones after i purchased the television. I did state to them that if i had been so far in arrears would they have let me have more items with the last item being from mid 2017

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