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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Brighthouse 5 Star Service Package - Unfair?


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From 2nd September 2013, Brighthouse have ended their Damage Liability Cover as well as their Optional Service Cover and replaced it with their "5 Star Service" package which includes all the benefits of Optional Service Cover and Damage Liability Cover.

 

Instead of the covers being optional, there is no option as from 2nd September 2013 since Brighthouse only sell the products with the covers attached.

 

The 5 Star Service Package includes unlimited repairs. As quoted from brighthouse.co.uk:

At BrightHouse, we aim to provide total peace of mind when buying top brand household goods. If something goes wrong with your product, we'll arrange a home visit and attempt to fix the product there and then!

 

IMHO, the buyer / hirer / customer of Brighthouse is covered under the Supply Of Goods Act in respect of either repairs of the product, or, terminating the HP agreement and claiming back money paid (with perhaps a small deduction in respect of the hirers use of the product).

 

Following on from this and the Supply Of Goods Act, it is also my opinion that it is forbidden to sell something to a customer in which the customer already has the rights to under statutory legislation.

 

The Consumer Credit Act http://www.legislation.gov.uk/ukpga/1974/39/contents

states the following:

The court may make an order under section 140B in connection with a credit agreement if it determines that the relationship between the creditor and the debtor arising out of the agreement (or the agreement taken with any related agreement) is unfair to the debtor because of one or more of the following—

(a)any of the terms of the agreement or of any related agreement;

 

The related agreement in this instance would be the 5 Star Service Package offered by Brighthouse in that it offers the customer 'unlimited repairs' whereas the customer is already entitled to either repairs under the Supply Of Goods Act or termination of the contract again under the Supply Of Goods Act with refund of money paid (with a possible small deduction in respect of the hirers already use of the product).

For hire purchase contracts, the breach of an implied condition such as the satisfactory quality which replicates that of the Sales Of Goods Act gives the customer a right to reject the goods and terminate the contract for the future. The 5 Star Service Package from Brighthouse implies that the product will be repaired an unlimited amount of times.

 

Quoted from this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?225084-Why-aren-t-more-people-using-the-CCA2006-Unfair-Relationships-Provisions-Am-I-missing-something

The court has the power to do anything if it deems the agreement to be unfair or anything done by the creditor to be unfair. In a recent case the debtor got all their payments back too as per Section 20(1)(a).

 

 

The above are my thoughts...

 

I am wondering whether Brighthouse customers are able to claim that under the Consumer Credit Act there is an unfair relationship since Brighthouse offer unlimited repairs as part of their 5 Star Service Package, when in essence the customer is already entitled to this under the Supply Of Goods Act - furthermore, not only is the customer entitled to a repair, the customer can also reject and end the contract and expect a refund to be paid.

 

As already stated above (linked to another thread) one customer got all their payments back due to unfairness.

 

In short, under the Consumer Credit Act, it may be possible for the Brighthouse customer to reclaim in whole or in part money from Brighthouse in respect of their HP agreement which includes the 5 Star Service Package.

 

The above = simply my thoughts. Any comments, advice, criticisms (ie constructive criticism) and further discussion is appreciated.

 

Thank you.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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  • 5 months later...

Does this mean a hoover I had no other choice to buy from them in November with this so called 5star package at £6 per wk and a total of £436 payable I could do something about it? they told me I no longer need my insurance be shown at time.

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Good Morning fay.levit

 

We’ve simplified our proposition to offer every customer our “5 Star Service” package.

 

Since 2nd September 2013, prices have included our “5 Star Service” package.

 

It gives our customer's peace of mind from expensive repair bills when the screen on their tablet cracks or the washing machine leaks.

 

As ever, we will continue to listen to our customers and learn from their feedback and if you require further information on our 5 Star Service Package, our Customer Relations Team can be contacted on 0800 526 069 and would be happy to discuss this with you.

 

Alternatively, please email customer.relations@brighthouse.co.uk and we will be happy to help you.

 

Best wishes

 

Jason

 

Web Relations Team

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£436 for a Hoover! I hope for that price they send someone round twice a week to push it around the house.

 

In all seriousness. You have been mugged off. Don't shop at Brighthouse again. Save up and buy one for a quarter of the price elsewhere.

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Your prices include the insurances as a paid extra. Not free. You just don't itemise it.

 

You know your old tricks were unlawful so you are thinking you can take advantage of a loophole in the law so the person renting still loses out and you walk away Scott free.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I think that I as someone who could have been a potential customer but do NOT need the so called “5 Star Service” package from a company who do not appear to listen to customer feedback will now be shopping with another company who do not try to force me to pay for something I do not want or need

 

 

 

 

dpick

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Good Morning fay.levit

 

We’ve simplified our proposition to offer every customer our “5 Star Service” package.

 

Since 2nd September 2013, prices have included our “5 Star Service” package.

 

It gives our customer's peace of mind from expensive repair bills when the screen on their tablet cracks or the washing machine leaks.

 

As ever, we will continue to listen to our customers and learn from their feedback and if you require further information on our 5 Star Service Package, our Customer Relations Team can be contacted on 0800 526 069 and would be happy to discuss this with you.

 

Alternatively, please email customer.relations@brighthouse.co.uk and we will be happy to help you.

 

Best wishes

 

Jason

 

Web Relations Team

 

 

This 5 star service has the osc and dlc hidden in the cost I now have to pay. I have my own insurance so why are you now forcing customers to take the 5 star service? all its done is added more to the price of the product. once I pay it off I certainly won't be buying from Brighthouse again. I'm also going to try and reclaim this hidden osc surely this is not allowed.

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I should think sooner or later Brighthouse will have their wings clipped and have to start repaying all the money they have tricked people out of. It's only a matter of time.

 

Well done for not shopping there again. Remember to tell your friends so they stay away from Brighthouse too.

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  • 11 months later...

In other words, you have removed the option of buying your ridiculously expensive service cover, now customers have no 'option' as you have sneakily included it as part of the price making out its an added bonus!!

Optional service cover is basically now mandatory service cover whether you need it or not, you are not offering every customer the 5 star service package, you are forcing us to pay for it, i certainly don't need it, i had no delivery, no installation, i bought a mobile phone so why am I being charged for a service I have not and will not receive under my agreement?

Yet you brazenly claim you listened to your customers and they actually wanted this!

Laugh out loud. Not.

Also, can you tell us what reasons Brighthouse gives for the massive hike in interest rates to 69.9% Apr and for electronics it is now a ridiculous 99.9% Apr? We're they not taking enough with the new service cover [problem]?

I'd love to hear how they justify that doozie although I doubt I will.......

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Thanks for voicing your concerns Lisaw43.

 

The huge interest rate cannot be justified by any other explanation than because we can.

 

There are a lot of people in this world who through circumstances or otherwise are not able to walk into their bank and get a loan at something typical of 3 or 4% so knowing that, they offer a take it or leave it rip-off.

 

They are a 'sub-prime' lenders only the sub in this case refers to Brighthouse. You can bet your life they raise a glass over their Christmas table and toast 'here's to all the dumbasses who made our wonderful Christmas possible' and end it with a big laugh.

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