Cancelling OSC

[Fluffy Viper]

I put this question on another thread but I thought I would start my own. I sent the OSC cancellation letter to Brighthouse Blackburn last week ( 06/06 ) and sent a copy recorded delivery to head office and a copy to Blackburn Trading Standards. I went in to the Accrington branch yesterday ( 14/06 ) where i usually pay and guess what, still wanted the full ammount. They phoned Blackburn and the man there said they hadn't taken it off yet as they required me to sign new agreements. I am going in tomorrow (16/06 ) to do this but I want to know, if I have given them their seven days notice is that my only legal requirement? Do I now not have to pay the OSC even though I have not signed new agreements (I will be getting them to sign the letter to protect my "early settlement" and "repossesion" rights etc)? Also the manager said that i would have to pay 12 days payments as no contract exists between us now, something to do with the payment time running from saturday to saturday and me signing new agreements on a monday. They wont be getting that, I will be paying as normal.

Edited June 15, 2008 by Fluffy Viper

[Guest Old_andrew2018]

Please don't sign anything wait for an advice from the bright house experts

[Lefty]

Hi Fluffy Viper

Your only requirement under the terms and conditions of your agreement is to give 7 days notice to cancel OSC. (In fact, the agreement doesn't actually stipulate written notice, just notice!) Of course, it's best to give notice in writing.

As far as you are concerned, you have complied 100% with your agreement.

It is quite normal for BrightHouse to prepare a revised agreement in the event of removal of OSC - this is because the weekly premium for it is included in the weekly total. This "revised" agreement, however, simply carries on where the original left off, and there is absolutely NO need for BrightHouse to change (at will) your "due" payment day - and certainly cannot enforce a 12 day payment period to suit themselves.

Stand your ground. Make the payment, as usual, with OSC deducted and ONLY sign a revised agreement on the condition that the following letter is signed at the same time:

Original agreement number XXXXXXXXXXXXXXXX

 

New Agreement number XXXXXXXXXXXXXXXX

 

Date

Updated agreement to reflect Removal of OSC

IMPORTANT Payments made previously on this agreement (XX payments to date representing XX of the total amount payable) are to be reflected, and form part of, any revised agreement.

 

All rights under the Consumer Credit Act 1974 regarding, in particular, “early settlement” and “repossession” as set out in section J of the original agreement remain intact and continue uninterrupted into any revised agreement.

 

Signed - YOU

(Print name)

 

Signed - Store Manager (for and on behalf of Caversham Finance trading as BrightHouse)

(print name)

If you need any further help, get back to us here straight away!

Cheers

Lefty

 

 

[Fluffy Viper]

Hi Lefty and thanks for the reply. Today I went in to BH to sign new agreements after giving notice of my cancelling the OSC and after much discussion it was agreed we would do this on Saturday (21/06). I then asked if they would have 2 copies of each of the old agreements and 2 copies each of the new agreements ready on Saturday. I then asked the manager if he would be prepared to sign my paperwork ie the letter you have put above (I took 7 copies, 2 for each of the 3 agreements and a spare) and he flatly refused saying it wasnt a proper document approved by head office. I offered him a copy to send to head office and he turned this down as well. So we both agreed that neither of us would sign each others paperwork. I have told him that I will pay as usual on Saturday minus the OSC and he said I would have to pay it as they cant remove it until I sign new agreements. They also said that signing new agreements wont affect my rights. Hmmmm. Any advice.

[Lefty]

Hi again

 

Explain to the branch manager that you are simply exercising your rights in respect of the "revised" agreement you have been asked to sign.

 

Draw his attention to section 4 (f) of their own Hire Purchase agreement:

 

4 (f) STATUTORY UNDERTAKINGS - lt is our intention to rely on the written terms set out here. If you require any changes, please ensue that you ask for these to be put in writing before you sign the Agreement. ln that way, any misunderstanding surrounding your obligations and ours may be avoided. If this is a consumer transaction, then nothing in this Agreement is intended to limit the rights given to you by statute. These include sections 8 to 11 inclusive of the Supply of Goods (Implied Terms) Ad 1973. The effect of these sections is to include in this Agreement obligations on us relating to our right to sell the Goods, correspondence of the Goods with their description, the Goods being of satisfactory quality and reasonably fit for the particular purpose, and correspondence of the Goods to samples.

 

(I'm good, ain't I?)

 

If you get nowhere with the branch manager (which is usually the case) refer everything to a senior manager at head office.

 

Remember, YOU are not in any way in breach of your agreement.

 

 

 

Cheers

Lefty

[Fluffy Viper]

Thanks again Lefty. That is very useful and yes you are damn good. If it isn't sorted by Saturday do I still just pay as usual minus the OSC because I know for a fact they wont take a "part payment" as they will call it. If they dont accept it I will keep it to one side for when they will.

[Lefty]

Thanks again Lefty. That is very useful and yes you are damn good. If it isn't sorted by Saturday do I still just pay as usual minus the OSC because I know for a fact they wont take a "part payment" as they will call it. If they dont accept it I will keep it to one side for when they will.

Yes. If they refuse your payment make a note of the day, time and staff member who refused it (record the conversation on your phone if you can) and keep the funds aside - DO NOT AGREE TO PLACE IT INTO YELLOW MONEY!!!

Also advise the store that you absolutely WILL NOT entertain any late payment charges as YOU are not in breach of your agreement.

Dealing with BrightHouse can be a bit like pulling teeth... but always stand your ground!

Cheers

Lefty

[Fluffy Viper]

Just printed off the HP T&C's and the OSC T&C's from the stickys so i will point out the relevant points when I go in. Unfortunately last Saturday when I paid they put it all in yellow money as it was the only way they could take it as it was classed as a part payment. That was in the Accrington branch where I usually pay and not Blackburn where the accounts are (they wont transfer them to Accrington as we are good customers and they dont want to, they might do now though). Just another question while I have it in my head. If I have 3 seperate agreements and I make a part payment why reject the whole ammount, ie why cant they pay 2 agreements in full and part on one? Of course this way they cant make 3 late payment charges but how can that be lawful. If I went in to a shop and wanted 3 items but could only pay for 2 they would at least let me pay for 2 in full rather than telling me I couldnt pay for any. Does that make sense?

[Lefty]

Just printed off the HP T&C's and the OSC T&C's from the stickys so i will point out the relevant points when I go in. Unfortunately last Saturday when I paid they put it all in yellow money as it was the only way they could take it as it was classed as a part payment. That was in the Accrington branch where I usually pay and not Blackburn where the accounts are (they wont transfer them to Accrington as we are good customers and they dont want to, they might do now though). Just another question while I have it in my head. If I have 3 seperate agreements and I make a part payment why reject the whole ammount, ie why cant they pay 2 agreements in full and part on one? Of course this way they cant make 3 late payment charges but how can that be lawful. If I went in to a shop and wanted 3 items but could only pay for 2 they would at least let me pay for 2 in full rather than telling me I couldnt pay for any. Does that make sense?

You can withdraw money from your "yellow money" account at any time. (If I were you, I'd do just that.)

The BrightHouse "store" policy regarding the non-acceptance of part payments is purely and simply to invoke late payment charges - and YES they ARE unenforcible and unlawful!

Here's a few stats for you:

BrightHouse claim to have in excess of 124,000 customers. They also admit that around 5% of these customers are, at any one time, in default or late paying. That means that around 6,200 customers are charged "late payment" fees to their agreement(s) every week.

 

Assuming an average customer has 4 separate agreements, "late payment" fees can easily provide BrightHouse with a steady weekly income of around £66,960. That's an INCREDIBLE £3,481,920 a year!

Cheers

Lefty

 

 

[sweetchicklady]

hi all, i have been following the bright house threads for a while now, since the day i ordered my laptop from my local bh store. i must admit i was very worried after hearing the horror stories on these threads!

 

i took your advice of removing optional service cover and went into the bh store and spoke to the man that had dealt with me from the start. he advised me to put it into writing and send a copy to head office so there wouldnt be any misunderstanding, and that id be required to sign a revised agreement that would take into account all previous payments made. i was happy with his help, he was very polite and helpful. i did this last sat and am waiting to make my next payment tomorrow....am very nervous as iv read stories about them not taking it off on the date as stipulated in the notice, and what if im not dealing with my usual 'helper' and am instead dealing with the surly looking fella in the corner desk?!

 

id like to be prepared for the worse case scenario before i go in to make my payment tomorrow. what should i do if they ask for the full amount? i really dont want to end up with any late payment charges for not paying the full amount, and have not got the right frame of mind at the moment to go through the whole issue of consumer action, as i have more pressing personal matters at the moment!

 

should they have the revised agreement there and then ready for me to sign? oooh as nice as they have been at my local store, i cant help but think im about to have something dropped on my head from a great height!!

 

u know what they say about things being too good to be true!!

 

many thanks xx

[Lefty]

hi all, i have been following the bright house threads for a while now, since the day i ordered my laptop from my local bh store. i must admit i was very worried after hearing the horror stories on these threads!

i took your advice of removing optional service cover and went into the bh store and spoke to the man that had dealt with me from the start. he advised me to put it into writing and send a copy to head office so there wouldnt be any misunderstanding, and that id be required to sign a revised agreement that would take into account all previous payments made. i was happy with his help, he was very polite and helpful. i did this last sat and am waiting to make my next payment tomorrow....am very nervous as iv read stories about them not taking it off on the date as stipulated in the notice, and what if im not dealing with my usual 'helper' and am instead dealing with the surly looking fella in the corner desk?!

id like to be prepared for the worse case scenario before i go in to make my payment tomorrow. what should i do if they ask for the full amount? i really dont want to end up with any late payment charges for not paying the full amount, and have not got the right frame of mind at the moment to go through the whole issue of consumer action, as i have more pressing personal matters at the moment!

should they have the revised agreement there and then ready for me to sign? oooh as nice as they have been at my local store, i cant help but think im about to have something dropped on my head from a great height!!

u know what they say about things being too good to be true!!

many thanks xx

Hi.

Just phone your store today, remind them you have now cancelled OSC on your agreement, and would like to know the amount you need to bring in tomorrow.

The seven days notice began when YOU gave it, not when BrightHouse get round to it.

Cheers

Lefty

[sweetchicklady]

well well!!

 

i just rang them and the poor girl didnt have a clue. she stated an amount to me which is the usual amount i pay and i told her that tomorrow is the 7th day of notice, so therefore, i would only be paying an amount that didnt include osc....she still couldnt tell me the amount, although it wouldnt have been so hard to grab a calculator and figure it out (i know how much the new amount will be, i was just playing dumb to figure out if they'd acknowledge my osc removal haha)

 

anyways, i was told to jus come in tomorrow wen i make my payment and they'll speak to me about it. i get the awful feeling im gonna be given the run-around...

 

i will keep you posted x

[Fluffy Viper]

Hi all. Here's an update on my situation. I went into my local branch to pay again today on my way home from work and the ammount had gone up from £43 to £49 as they said there were now charges on the account due to a late payment. They have paid 3 of the accounts but not the other because I only gave them £40 last week to cover the payments without the OSC (I am not sure how much the actual ammount is because I cant find one of my agreements). They refused to take a part payment so I went home. On arriving at home I had recieved a letter from Anne Healey (customer services manager) dated 17/06 and sent first class (thanks Royal Mail). The letter states that they have recieved my letter and that my rights regarding early settlement and repossesion will be honoured. I presume that this letter attached to my agreements will suffice to cover those points as it has all the agreement numbers on it? The letter also said that they would be opening at 8.30 this morning to allow my wife to come in and sign new agreements (they are actually in her name but it is myself that deals with these issues) as I had discussed with the manager last Monday when we could sign new agreements and he had suggested opening early this morning and I said I would ask my wife if this was ok as she had left the store at this point. As he was refusing to sign my letter guaranteeing my rights I never confirmed if we would be calling on Saturday. My wife would have had to go on her own and she wouldnt do that. The reason for them offering to open early was because my wife manages a pub/restaurant which is in the middle of nowhere and not on a bus route and she starts work at 10am so to get into Blackburn sign new agreements and then get to work is virtually impossible unless she got a taxi which would cost a fortune. Anyway when I read the letter I rang the store to apologise for them us not being there even though it was not our fault. I asked the manager how much our payments would be without the OSC but he said he couldn't give me an exact ammount, "about £35" was the best I could get. I asked him about the charges and he said it was for a late payment to which I said that I had paid £40 last week which was sufficient to cover the payments without OSC and he again said that the OSC will not be removed until we sign new agreements. I pointed out that I had complied with his T&C 's which only require me to give 7 days notice and is not subject to signing new contracts. We then repeated ourselves a few times. I said I would be happy to come in Monday afternoon to sign new agreements and he just repeated what he said last Monday about having to make a 12 day payment because we were signing on a Monday ( a Merry-go-round springs to mind). I told him I had been into my local branch to make a payment and that they had refused it and he said he would ring them and tell them I could pay the £43 to which I said I wouldn't pay £43 but I would pay £36 which would cover the payments without the OSC and AGAIN he repeated that the OSC would not be removed until we had signed new agreements and if I didnt pay the full ammount I would incur more charges and the account would be in arrears. After another minute or so of us both repeating our positions he said he would speak to my wife about it as the agreements are in her name and hung up. I am going to send an email soon to Anne Healey stating what has happened and that I dont expect any charges as I have made my payments, or tried to, and that I have followed the terms of the agreements.

[Fluffy Viper]

Wow didnt realise that was so long, Sorry. Hope it makes sense.

[sweetchicklady]

yes it makes sense. wow it sounds like u a really having a time with them. i dont have much advice to offer hun other than stick your guns!

 

i went into my store today (the 7th day of notice) and was dismayed that it was the surly bloke in the corner that i had to deal with. however....i now have 1/3rd off my regular amount without OSC!

 

there was no problem at all and i was very impressed. i had no evil looks, smart comments or anything. the surly bloke even managed to crack a few jokes. i signed new agreements, making sure my previous amounts had been taken into consideration (something i would never have known to check for without this forum ).

 

even though removing my osc was my right, i feel very lucky. lucky in the sense that i didnt have to experience such bad customer service that many others on this forum have.

 

i wish you all the best, fluffy viper, and others too xx

[Lefty]

yes it makes sense. wow it sounds like u a really having a time with them. i dont have much advice to offer hun other than stick your guns!

Definitely!

i went into my store today (the 7th day of notice) and was dismayed that it was the surly bloke in the corner that i had to deal with. however....i now have 1/3rd off my regular amount without OSC!

And rightfully so!

there was no problem at all and i was very impressed. i had no evil looks, smart comments or anything. the surly bloke even managed to crack a few jokes. i signed new agreements, making sure my previous amounts had been taken into consideration

Exactly what one would expect from a national high street retailer with an open and transparent approach towards its customers!

even though removing my osc was my right, i feel very lucky. lucky in the sense that i didnt have to experience such bad customer service that many others on this forum have.

My "inside snitch" tells me all BrightHouse branch managers received a memo regarding CAG with copies of our template letters, and now know what to expect - ie, the customer being aware of their rights! That may just have something to do with it!

i wish you all the best, fluffy viper, and others too xx

 

Cheers

Lefty

[sweetchicklady]

cag is soon going to going to be the starting point and the epitome of all consumer rights methinks. (if not so already.)

 

i am so pleased i came across this site, its a little mine of knowledge and wisdom, and i can guarantee i shall be using many a time over the coming months.

[Fluffy Viper]

About to send this email, any thoughts.

 

Thank you for your letterdated 17 June 2008, unfortunately it did not arrive until Saturday morning when we were both at work. When I returned home at about 12.00pm I rang the store manager at Blackburn and apologised for not being there at 8.30. I would like to point out that we never actually agreed to be there on Saturday morning as we could not agree, on the Monday when we called in, to the additions to any new agreements to protect the "early settlement and repossesion" rights. I can understand that you will need new agreements signing but I have given you the 7 days notice for the removal of the OSC which you recieved on the 6 june 2008 which is the only requirement under your own Terms and Conditions. Section H reads "The OSC Contract shall, subject to Section D When Brighthouse May End The OSC Contract continue in force until you give 7 days notice to Brighthouse...". I therefore expect the OSC to be removed from 14 June 2008. My payment of £40 was put into Yellow money on that day which was more than enough to cover my payments without OSC and completely refused on 21 June 2008 when I tried to make a payment at Accrington. I do not accept any charges you have placed on the account for late payment and I will try to make my payment as usual this Saturday at Accrington. The reason why we have not signed new agreements yet is because it is much easier for us to call in on a Monday and impossible on a Saturday without incurring great expense (taxi fares etc), and the Blackburn manager said that we would have to make a 12 day payment if we signed new agreements on a Monday. Making a 12 day payment is not acceptable as it is beyond our financial means and goes against all your advertising of "weekly payments". If it is neccessary for us to sign new agreements on a Saturday then the earliest date we can manage this is Saturday 5 July 2008. Until then I will try to make payments as usual.

[Fluffy Viper]

Ok. Update. Went into Accrington branch to try to pay today and they put me on the phone to Blackburn. The manager there asked what days my wife works and I said that if they want new agreements signing on Saturday then we can do it next Sat as I am not working and can take my wife there and then to work. He said that was ok and asked if I knew how much to pay without the OSC. I said I didn't know the exact amount as I couldn't find one of my agreements but it would be about £36-37. He said if I paid £74 he would sort it out. This was fine for me. So they have dropped all the late payment charges and don't require me to pay the OSC for the last 2 weeks. Seems my email did the trick,or have they been reading this thread and know what good advice I have been getting. Thank you Lefty, your a star.

[Lefty]

Great! You're welcome!

Really pleased for you.

Cheers

Lefty

[keri6]

i myself am also wanting to cancel my osc

Edited October 4, 2008 by keri6

[Fluffy Viper]

Your paying over £9000 to Brighthouse!! I hope thats not per week. Ok,to be serious, if you start your own thread on this we can keep tabs on your story and I am sure Lefty will be along with his brilliant advice soon enough.

[keri6]

no i pay bh less than that a wk i added up wot i have and am still paying to brighthouse in opional service cover what in total would be when all my agreements are finished would total to over 9000 pound

Edited October 4, 2008 by keri6

[Lefty]

i myself am also wanting to cancel my osc

Answered HERE

Cheers

Lefty