Advice Needed RE: BRIGHTHOUSE

[sweetnsexyenglish]

When I dealt with Brighthouse at all times I issued a letter to local store, one to the finance company which is head office and one to the customer service email address!! It was the store that caved after reading my last letter!!

 

It is my understanding that BH don't tend to go to court so in my opinion I feel they would settle before it got that far but carry it through until they do, if you looked at mine you will see the area manager and head office did NOTHING, I refused it being fixed and refused a second hand item and would only settle for a brand new...branded laptop...which is how I got the Acer, however although this Acer now has a fault I am happier knowing its branded as I will send my laptop under the warranty to Acer and cut out the fools at BH who have told me I have no warranty...strange thing is the laptop was exchanged in september 2007 and is less than a year old!!

Edited May 14, 2008 by sweetnsexyenglish
ps....

[BrighthouseRipOff]

My personal dealing with Trading Standards...erm to be honest I didn't feel they did much in way of my case but that could have been just my local office. I found contacting the Financial Ombudsman better as he issued out a letter straight away however I stuck to the time lines as stated by Consumer Direct & Trading Standard for letters.

 

Personally claim for everything you have paid as for extras Lefty may be better enabled to advise as there is no way it has gone to Acer and it has taken so long to repair but you could contact Acer and see if they are in receipt of the laptop.

 

Do you want it back or would you rather just be done with it and get your money and go else where? as if you'd rather an end to it go to court and get your money, if you wanted the laptop back you could request information of repairer and cut out the idiot (BH) and talk direct to the repairer with the hope that they are independent from BH.

 

Thanks again, i will wait and see what Trading Standards do but i will contact the Financial Ombudsman as well if required.

 

I would have it back if it was fully repaired, there were 5 or 6 faults with it as well the hinges and lid falling apart but i doubt that it will actually get repaired.

 

That's a good idea regarding Acer, i thought about doing that once before but i never really thought about it again, it would be interesting to see whether Brighthouse actually sent it to Acer.

 

I have written to Brighthouse 4 times over the past 7 weeks and have not heard from the since 4th April 2008 so they have had more than enough time, The laptop was taken into my local store on 8th March 2008.

 

 

[sweetnsexyenglish]

ps....just as with my xbox I sent it to Microsoft instead and had if fixed and back in less than 2 weeks, DHL came and collected it ,they advised me how to package it and returned it with a 3 month gold live card and even fixed the front panel which covers the usb ports that wasn't even a request by myself.

[BrighthouseRipOff]

When I dealt with Brighthouse at all times I issued a letter to local store, one to the finance company which is head office and one to the customer service email address!! It was the store that caved after reading my last letter!!

 

It is my understanding that BH don't tend to go to court so in my opinion I feel they would settle before it got that far but carry it through until they do, if you looked at mine you will see the area manager and head office did NOTHING, I refused it being fixed and refused a second hand item and would only settle for a brand new...branded laptop...which is how I got the Acer, however although this Acer now has a fault I am happier knowing its branded as I will send my laptop under the warranty to Acer and cut out the fools at BH who have told me I have no warranty...strange thing is the laptop was exchanged in september 2007 and is less than a year old!!

 

I did send a copy of one of my letters to the local store but that was the first letter, so maybe i should send another letter to my local store tomorrow then? I'm just wondering whether to use the same letter that i sent to head office today or whether it needs to be totally reworded? maybe Lefty could help with that? your help and Lefty's help is much appreciated, i am a very determined person and i will not stop until this matter has been sorted out, i will not hesitate to take them to court.

[Lefty]

Hi again

 

Just a couple of little points...

 

1) You've got the costs of the OSC and DLC the wrong way round. OSC is £5.25 per week and DLC is £2.25 per week.

 

2) The letter template I gave you makes it clear what you require:

 

Confirmation (in writing and within 14 days) that CAVERSHAM FINANCE (trading as BRIGHTHOUSE) will facilitate a satisfactory repair to the above item, or supply a replacement item of comparable age and specification in full working order. If neither solution is practical, then a realistic partial refund would be the only recourse.

 

You also require a full refund for OSC payments made (84 weeks at £5.25 - total £441.00

 

You cannot expect to claim for the full cost of the laptop - only a repair, replacement or partial refund.

 

Yes. BrightHouse will almost certainly ignore all your letters.

 

You will get no response until their solictor is served with court papers, after which they will settle out of court.... (unless, of course, any BrightHouse employees think differently...)

 

 

Cheers

Lefty

Edited May 14, 2008 by Lefty
typo

[BrighthouseRipOff]

Hi again

 

Just a couple of little points...

 

1) You've got the costs of the OSC and DLC the wrong way round. OSC is £5.25 per week and DLC is £2.25 per week.

 

2) The letter template I gave you makes it clear what you require:

 

Confirmation (in writing and within 14 days) that CAVERSHAM FINANCE (trading as BRIGHTHOUSE) will facilitate a satisfactory repair to the above item, or supply a replacement item of comparable age and specification in full working order. If neither solution is practical, then a realistic partial refund would be the only recourse.

 

You also require a full refund for OSC payments made (84 weeks at £5.25 - total £441.00

 

You cannot expect to claim for the full cost of the laptop - only a repair, replacement or partial refund.

 

Yes. BrightHouse will almost certainly ignore all your letters.

 

You will no response until their solictor is served withg court papers, after which they will settle out of court.... (unless, of course, any BrightHouse employees think differently...)

 

 

Cheers

Lefty

 

 

Hi Lefty,

 

Thank you again, You are right about me getting the OSC and DLC the wrong way around, sorry about that, I just checked my agreement and you have got it right lol.

 

I sent a letter to head office today using that template you gave me, thanks again.

 

Do you think i should send a letter using your template to my local store? or would that be pointless?

 

Thanks about the part about claiming a full refund for OSC payments, i shall make that known as well then.

 

Cheers.

 

[sweetnsexyenglish]

The strangest thing is the problems with the hinges sounds like the one they sold me, and that was a BH own product not an Acer...i'm wondering if it really is an Acer lol as I now have to Acer laptops non as old as yours so touch wood no problems with the hidges but that other laptop feel apart before my very eyes as was also purchased in 2006....see where I am going?

 

The original laptops they were selling was taken out of the catologue and they started selling their own which one company confirmed was made by two different companies and was a BH product, the name made up by BH.

 

As its been so long I personally WOULD contact the Financial Ombudsman regardless of what Trading Standard advise!! And make sure he knows how many times you have issued letters.

[Lefty]

Hi Lefty,

Thank you again, You are right about me getting the OSC and DLC the wrong way around, sorry about that, I just checked my agreement and you have got it right lol.

I sent a letter to head office today using that template you gave me, thanks again.

Do you think i should send a letter using your template to my local store? or would that be pointless?

Thanks about the part about claiming a full refund for OSC payments, i shall make that known as well then.

Cheers.

Yes, copy all letters to the store your account is with.

Also (as we've already agreed) copy all letters to Trading Standards.

End your letters like this:

Yours Faithfully,

You

cc

Caversham Finance (Trading as BrightHouse)

BrightHouse Store (branch name)

Trading Standards (your local)

[BrighthouseRipOff]

The strangest thing is the problems with the hinges sounds like the one they sold me, and that was a BH own product not an Acer...i'm wondering if it really is an Acer lol as I now have to Acer laptops non as old as yours so touch wood no problems with the hidges but that other laptop feel apart before my very eyes as was also purchased in 2006....see where I am going?

 

The original laptops they were selling was taken out of the catologue and they started selling their own which one company confirmed was made by two different companies and was a BH product, the name made up by BH.

 

As its been so long I personally WOULD contact the Financial Ombudsman regardless of what Trading Standard advise!! And make sure he knows how many times you have issued letters.

 

Thanks again, well Acer are well known apparently for being faulty!

 

Ok i will send a letter to the Financial Ombudsman first thing in the morning, do you think i should bother sending a letter to my local store? or should i just leave that one?

[BrighthouseRipOff]

 

Yes, copy all letters to the store your account is with.

 

Also (as we've already agreed) copy all letters to Trading Standards.

 

End your letters like this:

 

Yours Faithfully,

You

 

cc

Caversham Finance (Trading as BrightHouse)

BrightHouse Store (branch name)

Trading Standards (your local)

 

Cheers Lefty

 

As i said above copies of all letters were sent to Trading Standards today.

 

So what should i put in my letter to the local store? do i use that template again from yesterday? thanks.

[sweetnsexyenglish]

Hi again

 

Just a couple of little points...

 

1) You've got the costs of the OSC and DLC the wrong way round. OSC is £5.25 per week and DLC is £2.25 per week.

 

2) The letter template I gave you makes it clear what you require:

 

Confirmation (in writing and within 14 days) that CAVERSHAM FINANCE (trading as BRIGHTHOUSE) will facilitate a satisfactory repair to the above item, or supply a replacement item of comparable age and specification in full working order. If neither solution is practical, then a realistic partial refund would be the only recourse.

 

You also require a full refund for OSC payments made (84 weeks at £5.25 - total £441.00

 

You cannot expect to claim for the full cost of the laptop - only a repair, replacement or partial refund.

 

Yes. BrightHouse will almost certainly ignore all your letters.

 

You will get no response until their solictor is served with court papers, after which they will settle out of court.... (unless, of course, any BrightHouse employees think differently...)

 

 

Cheers

Lefty

 

to a point I would have to disagree, my laptop was 11 months old when I had it replaced with this, the problem is the laptop in question would be considerably older but items of a certain value are expected to have a life expectancy that reflects this. If he is determinded and handles things to his advantage he could push for a brand new laptop which is what I did even though as a refund he could not push for the full amount but had BH repossed the item without his concent he could have, but as the laptop seems to have gone missing why cant he get all his money back?? He only requested a repair thats no excuse and it would not be the first time they have lost items for repair!! why should he be down graded through a fault not his own??

 

ps I think my laptop may have been over 11mths but I would have to check that and all the better for Brighthouseripoff if it was as it would show there is nothing to stop him refusing a second hand item in order for it to meet the age requirements.

Edited May 14, 2008 by sweetnsexyenglish
ps.....

[sweetnsexyenglish]

sorry Brighthouseripoff...I would say send it to the store as well, you have nothing to loose!!

[BrighthouseRipOff]

sorry Brighthouseripoff...I would say send it to the store as well, you have nothing to loose!!

 

I will send a letter to the local store, i just need to know from Lefty whether i need to use that template again from yesterday or whether it needs rewording?

[Lefty]

Yes. The fact that the OP is no longer is possession of the laptop is important to this case. It could, as you suggest, be considered as unlawful repossession, in which case all payments made on the agreement to date should be refunded.

Well spotted!

Cheers

Lefty

[Lefty]

I will send a letter to the local store, i just need to know from Lefty whether i need to use that template again from yesterday or whether it needs rewording?

Yes. An exact copy of the letter.

Cheers

Lefty

[BrighthouseRipOff]

Yes. The fact that the OP is no longer is possession of the laptop is important to this case. It could, as you suggest, be considered as unlawful repossession, in which case all payments made on the agreement to date should be refunded.

 

Well spotted!

 

 

 

 

 

Cheers

Lefty

 

Thank you Lefty and Sweetnsexyenglish

Edited May 14, 2008 by BrighthouseRipOff

[BrighthouseRipOff]

Do i need to add the part about claiming back all of what i have paid on the OSC? Which is £441.00?

 

Also what about the fact you mentioned above regarding me not being in possession of the laptop and that being considered as unlawful?

[Lefty]

Do i need to add the part about claiming back all of what i have paid on the OSC? Which is £441.00?

Also what about the fact you mentioned above regarding me not being in possession of the laptop and that being considered as unlawful?

No. Don't add anything to the store copy. It should be the same letter as sent to head office. You have already stated in that letter that you seek a refund for all OSC payments made.

The point made by sweetnsexyenglish is if you do not have your laptop returned then (technically) it could be considered as repossessed without your consent AND without a court order. A judge MAY decide to order BrightHouse to return of all payments made on it due to this.

Cheers

Lefty

[BrighthouseRipOff]

 

No. Don't add anything to the store copy. It should be the same letter as sent to head office. You have already stated in that letter that you seek a refund for all OSC payments made.

 

The point made by sweetnsexyenglish is if you do not have your laptop returned then (technically) it could be considered as repossessed without your consent AND without a court order. A judge MAY decide to order BrightHouse to return of all payments made on it due to this.

 

 

Cheers

Lefty

 

Ok, no problem, thanks again Lefty, I'll have it sent tomorrow morning.

[sweetnsexyenglish]

Dear Madam or Sir:

Under the Sale of Goods act it stipulates as a consumer I have the right to goods that are:

 

“Of a Satisfactory Quality, i.e. generally free from fault or defect, of a reasonable appearance and finish and safe and durable.

Fit for the purpose - goods should be fit for any specific or particular purpose made known at the time of the agreement.

As described - goods should correspond with any description applied to them.” As stated in the Sale of Goods Act.

I have identified the following faults:

1. List Faults

2.

3.

4.

Under the Supply of Goods to Consumers Regulations 2002 it stipulates I have the right to request a repair or replacement or a full or partial refund, I am also aware that items have a life expectancy and the higher priced the item the longer I can assume the product should last .

I am also aware that faulty or defective items are in breach of said contract regardless of whether the item is outside the 12 month warranty.

Under the contract my rights state I can take the item into the store and make my request and it should be dealt with in a reasonable amount of time, I can also hold the finance company liable for the supply of said item and the breach of contract.

And that said exchange should be of value to the amount paid under the contract or contract value but can not be lower otherwise I have the right to request a partial refund to the difference of the value of replacement item.

 

If the store can not make a suitable exchange I have the right to request a refund of monies paid for the defective item.

I also have evidence this is not the first time Brighthouse have sold substandard items and tried to refuse customer's rights under the Sale of Goods Act and the Consumer Credit Act as well as the Supply of Goods to Consumers Regulations 2002.

As the laptop is a required item and the inconvenience caused through the prolonged delay in finding an adequate replacement of like for like value, if a refund or exchange is not supplied I will again be seeking legal advice in taking this mater further.

 

Yours faithfully

 

 

Sorry for the delay was on the phone....what I have done is edited out a lot of my last letter and left you with relevant information that you can include in your letter to the store....just word it or arrange it in your manner but the above info is usefull to add.

 

PS my item was over 12mths old outside warranty so yes I woud push for your entitlement and not be fobbed off.

[BrighthouseRipOff]

I have just printed out a complaint form off from the Financial Ombudsman website, i have filled it in and this will also be sent out tomorrow.

[sweetnsexyenglish]

ohh i'm soo slow :o see Lefty has been very helpful as usually, should really stop praising this man ((I take it he is a he and not a she)) lol it will make his head grow but you seem to be on the right track Brighthouseripoff....

[BrighthouseRipOff]

I am thinking of sending the following letter to my local store, this has been done using lefty's template plus adding to it using sweetnsexybritish's letter:

 

 

Agreement Number

 

RE: Supply Of Goods Act 1973 (Implied Terms)

 

RE: Acer Laptop

 

 

 

Dear Sir or Madam

 

I refer to my previous letters which you have failed to respond to.

 

It has now been over 9 weeks since the above item was returned to BrightHouse, this is an unreasonable amount of time.

 

Although I pay for OSC for the above, I feel BrightHouse are in breach of the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973. I would respectfully remind you that manufacturer’s warranties (and, indeed, any extended warranties OSC) are IN ADDITION to consumer’s STATUATORY RIGHTS. These rights are very clear and, in the case of a HIRE PURCHASE agreement, refer to THE SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973.

 

 

 

 

In particular: 1- Implied term about quality

 

(1) In section 14 of the [1979 c. 54.] Sale of Goods Act 1979 (implied terms about quality or fitness) for subsection (2) there is substituted—

“(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

 

 

 

(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any

description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b) appearance and finish,

© freedom from minor defects,

(d) safety, and

(e) durability.

 

A freely available guide (based on consumer groups and manufacturer’s websites) suggests a “good quality” laptop should have a life expectancy (durability factor) of around 4 – 5 years. It can, therefore, be deduced from these figures that a “reasonable” person would expect a “good quality” laptop to last at least 3 years and would certainly not expect it to cease to function after only one and a half years. Of course, the original price and quality of the laptop should be taken into account, and at £896.00 (2006 price) this would certainly indicates an “up-market” quality product.

 

Under the Supply of Goods to Consumers Regulations 2002 it stipulates I have the right to request a repair or replacement or a full or partial refund, I am also aware that items have a life expectancy and the higher priced the item the longer I can assume the product should last

 

I am also aware that faulty or defective items are in breach of said contract regardless of whether the item is outside the 12 month warranty.

 

Under the contract my rights state I can take the item into the store and make my request and it should be dealt with in a reasonable amount of time, I can also hold the finance company liable for the supply of said item and the breach of contract.

 

And that said exchange should be of value to the amount paid under the contract or contract value but can not be lower otherwise I have the right to request a partial refund to the difference of the value of replacement item.

 

If the store can not make a suitable exchange I have the right to request a refund of monies paid for the defective item.

 

As the laptop is a required item and the inconvenience caused through the prolonged delay in finding an adequate replacement of like for like value, if a refund or exchange is not supplied I will again be seeking legal advice in taking this matter further.

 

What I require:

 

Confirmation (in writing and within 14 days) that CAVERSHAM FINANCE (trading as BRIGHTHOUSE) will facilitate a satisfactory repair to the above item, or supply a replacement item of comparable age and specification in full working order. If neither solution is practical, then a realistic partial refund would be the only recourse.

 

Regretfully, if I do not hear from you within 14 days, or if you fail to respond positively to my requests, I will have no alternative than to persue the matter through the small claims court. I should also advise you that my claim will also request a refund of all payments made on the additional OSC contract that I believe was mis-sold and was completely worthless.

 

 

I look forward to hearing from you.

 

 

Yours faithfully

 

 

 

cc

 

Caversham Finance Limited (Trading as Brighthouse)

Sheffield Trading Standards

 

 

[sweetnsexyenglish]

Agreement Number

 

RE: Supply Of Goods Act 1973 (Implied Terms)

 

RE: Acer Laptop

 

 

 

Dear Sir or Madam

 

I refer to my previous letters which you have failed to respond to.

 

 

Although I pay for OSC for the above item, I feel BrightHouse are in breach of the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973. I would respectfully remind you that manufacturer’s warranties (and, indeed, any extended warranties OSC) are IN ADDITION to consumer’s STATUATORY RIGHTS. These rights are very clear and, in the case of a HIRE PURCHASE agreement, refer to THE SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973.

 

 

 

 

In particular: 1- Implied term about quality

 

(1) In section 14 of the [1979 c. 54.] Sale of Goods Act 1979 (implied terms about quality or fitness) for subsection (2) there is substituted—

“(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

 

 

 

(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any

description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b) appearance and finish,

© freedom from minor defects,

(d) safety, and

(e) durability.

 

A freely available guide (based on consumer groups and manufacturer’s websites) suggests a “good quality” laptop should have a life expectancy (durability factor) of around 4 – 5 years. It can, therefore, be deduced from these figures that a “reasonable” person would expect a “good quality” laptop to last at least 3 years and would certainly not expect it to cease to function after only one and a half years. Of course, the original price and quality of the laptop should be taken into account, and at £896.00 (2006 price) this would certainly indicates an “up-market” quality product.

 

Under the Supply of Goods to Consumers Regulations 2002 it stipulates I have the right to request a repair or replacement or a full or partial refund, I am also aware that items have a life expectancy and the higher priced the item the longer I can assume the product should last

 

I am also aware that faulty or defective items are in breach of said contract regardless of whether the item is outside the 12 month warranty.

 

Under the contract my rights state I can take the item into the store and make my request and it should be dealt with in a reasonable amount of time, however 9 weeks have since elapsed and you have made no attempt to rectify this matter. Please be advised I can also hold the finance company liable for the supply of said item and the breach of contract.

 

Should you choose to offer me a replacement said exchange should be of value to the amount paid under the contract or contract value but can not be lower otherwise I have the right to request a partial refund to the difference of the value of replacement item.

 

If the store can not make a suitable exchange I have the right to request a refund of monies paid for the defective item.

 

As the laptop is a required item and the inconvenience caused through the prolonged delay in finding an adequate replacement of like for like value, if a refund or exchange is not supplied I will again be seeking legal advice in taking this matter further.

 

What I require:

 

Confirmation (in writing and within 14 days) that CAVERSHAM FINANCE (trading as BRIGHTHOUSE) will facilitate a satisfactory repair to the above item, or supply a replacement item of comparable age and specification in full working order. If neither solution is practical, then a realistic partial refund would be the only recourse.

 

Regretfully, if I do not hear from you within 14 days, or if you fail to respond positively to my requests, I will have no alternative than to persue the matter through the small claims court. I should also advise you that my claim will also request a refund of all payments made on the additional OSC contract that I believe was mis-sold and was completely worthless.

 

 

I look forward to hearing from you.

 

 

Yours faithfully

 

 

 

cc

 

Caversham Finance Limited (Trading as Brighthouse)

Sheffield Trading Standards

 

 

Just moved somethings around for you still not sure on your opening sentance but it seems good i'm sure Lefty will comment if there is anything wrong.

[sweetnsexyenglish]

I have just printed out a complaint form off from the Financial Ombudsman website, i have filled it in and this will also be sent out tomorrow.

 

Just a quick note when I contacted them in regards to BH i called up, and when I contacted them the other day in regards to LBL I emailed them a letter explaing full complaint.

 

complaint.info@financial-ombudsman.org.uk