Linzih - friend having BrightHouse problems

[plumberjon]

QUOTED BY "LINZIH" - moved from osc amd dlc sticky

 

can any one help me!...iam looking in to this for a freind who is beside her s i lf.said i wud give this site a go 4 her as i have so much help here my self...so here is the problem she is 9 weeks away from finishing her account with them but is in £100 arrears they are sying that they will be out in next few days to remove all goods that belong to them because she can not repay the arrears and weekly payment as soon as can they do this!!! please help if u can soi can put her mind at rest

[clemma]

Hi

 

You really do need to start your own thread about this, but to help ease your friends mind, tell her that Brighthouse CANNOT take the items without a court order. They CANNOT get a court order until after they have filed a default notice (and given 14 days for her to arrange a payment plan). They certainly CANNOT just turn up at the house and demand entry.

 

If you chose to start your own thread, you will recieve more help (i.e. letters that can be sent and such).

 

Get your friend to send this letter off (recorded delivery) to both store and Head Office asap.

 

Dear Sir/Madam

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing.

 

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able 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.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully

 

Also, get her to keep a copy by the door, just in case they turn up anyway.

[plumberjon]

QUOTED BY CLEMMA

 

.....but to help ease your friends mind, tell her that Brighthouse CANNOT take the items without a court order. They CANNOT get a court order until after they have filed a default notice (and given 14 days for her to arrange a payment plan). They certainly CANNOT just turn up at the house and demand entry......

Hi Linzih

 

As Clemma has said in reply to your original post, they cannot simply come and take your goods.

 

The only way they can is with a court order, and that is after a lengthy process of paper trails.

 

If they do manage to repossess anything, then without the court order they are in breach of contract and are obliged to repay every penny of the credit agreement, as these are nearly now paid for.

 

My advice here, as they only have a few weeks left, is to ask the branch for an EPO (early settlement) figure, it may surprise you.

 

In my experience, when an account went late with only a few weeks left, it was cheaper to EPO than to pay in full and bring up to date, and that isn't even taking into account the remaining weeks regular payments that would be left after bringing up to date!

 

Now if cashflow is a problem then raising the funds to EPO your agreements might not be an option, but it is worth asking, and remember th obvious incentive is that you will then own the items and be rid of BH for good!

 

If you can't do this then offer to pay for 1 or 2 of the agreements only, like a part payment, but not. They are all separate agreements in their own right, so as long as you pay an agreement off in full then they cannot refuse the payment, even if it does leave other agreements still late.

 

Play your face with regard to late fees aswell, tell them it is in their interest to try and help you finish paying this, especially as they have bled you dry in the name of profits all these years.

 

Stick to your guns and tell your friend to not go in alone, but with a friend of family as support. Its a lot harder for them to be as intimidating towards you then.

 

Lets us know how it goes, and don't hesitate to ask anything.

 

 

PJ