Brighthouse problems, advice please.

[tamadus]

The first thing that strikes me is that thay cannot seize goods without permission or a court order once the minimum ammount has been paid under the agreement.

 

Double check those 'agreements' and let us know what you find.

 

If the 'insurance isnt worth the paper it's written on then I'd be looking to a misselling claim. Also put together a claim for the charges.

 

It's worth sending a letter as advised above telling them no more phone calls quoting the Harrasement act and the administration of justice act along with the telecommunications act.

[tamadus]

Thanks for your reply Tamadus. I've so far managed the following, hope it's enough for now. It was the insurances that caught my eye and I have suggested cancelling them immediately in order to lower the amounts to be repaid. I will learn more tomorrow. Any thoughts on the letter?

 

ACCOUNTS IN DISPUTE

 

xxxxx xxxxx xxxxx xxxxx

 

 

I am formally requesting that all further correspondence be made in writing only.

 

I demand that all phone calls from BRIGHTHOUSE stop immediately. I am now familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts.

 

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

 

You will be deemed to have been served notice of my request and I will deem it served by 11th May 2007, I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.

 

Please also be advised re your threats to send someone to collect goods from my home that:

 

There is an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

I revoke license under English Common Law for you, or your representatives to visit us at our property and if you do so without our permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me.

 

 

 

Looking good so far Angel but you have tomorrows date as the date of being deemed served, that doesnt leave time for it to reach them, I'd change it to mondays date and make sure its posted tomorrow.

 

Have the insurances been added into the loans? If so then cancelling them may not reduce the costs, much better if you can show they have been missold and were never of any value to the debtor.

[tamadus]

they look good to me angel

[tamadus]

Only relevance is that with no signature it makes them vitually unenforceable as they have not been properly executed.

 

I would keep the 2 letters totally seperate so no real need to include anything further.

[tamadus]

hmmm thats a new twist to refuse to accept the letters. I hope your friend sent them packing with a big flea in their ear.

 

If she is a woman on her own with 2 young children it may also be worth her having a few words with her local Police officers. Sending 2 guys out is clearly intimidatory, especially so often and it's designed to frighten her. Advance notice to the police may get somebody around quickly if she calls when they arrive.