Bright House credit agreeement

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Welshguy40
Welshguy40 Posts: 9 Forumite
edited 10 March 2018 at 12:52AM in Loans
I apologise if I have posted this in the wrong forum but would appreciate any advice.

I stupidly took out a credit agreement in July 2016 from Brighthouse. When I took the agreement out I was being paid a number of benefits.

When I took the agreement out the member of staff that dealt with me took me through my income and expendure. I provided the company with proof of my benefits,

One of the benefits I was paid was due to end after 12 months of undertaking this agreement. I was under the impression this would continue but I had to reapply. The documentation clearly stated this and would decrease my monthly income by 320.

Although I have managed to be awarded that particular benefit it has been awarded at the lower rate and therefore my income is significantly less. Luckily my family have supported me to ensure I don!!!8217;t;t miss a payment.

At the beginning of February I received a call from a third party stating I had been mid sold the credit by Brighthouse.

When I phoned Brighthouse to find out if the procedure they had followed was correct I was advised I would need to raise this as a complaint for them to investigate. I was advised that a complaints handler would call me back. Despite me calling them several times I have not received a call back.

I suffer with significant mental health issues and therefore struggle with my finances.

I am sorry my post was so long but I am after some advice whether Brighthouse should have provided with credit as it was very clear that my income would drop significantly whilst in the agreement.

Thanks for taking the time to read this. I have edited my original post as I have received a couple of comments which I don!!!8217;t feel were necessary,
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Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    If they were prepared to offer the credit, and you were happy to accept it, generally there is no problem.

    What is the nature of your complaint?
  • Welshguy40
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    I have been advised by a mental health charity and the third party that telephoned me that they should not have provided the credit due to affordability.

    I have been told to speak to the FCA but have difficult in communicating over the phone due to my health.
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    It's not the FCA you need, but FOS.

    But you will firstly need to go through Brighthouse's complaints procedure.

    Did you know the credit was unaffordable when you asked for it?
  • Welshguy40
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    I assumed that the benefit would continue but unfortunately this has not been the case and I am currently waiting for a tribunal date to hopefully resolve this.

    Thanks for advising me it!!!8217;s the FOS I need to speak to,

    Until I received the call from the third party I was not aware of this so just wanted clarification from Brighthouse whether the correct procedure had been followed. The level of customer service I have received is disgusting.

    I was also concerned hoe a third party had my account details and they also know I was receiving benefits.

    My friend is going to ring the ombudsman service for some general advice..
  • System
    System Posts: 178,093 Community Admin
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    Welshguy40 wrote: »
    I have been told to speak to the FCA but have difficult in communicating over the phone due to my health.

    If you have trouble communicating over the phone with the FOS contact them via email or letter. You seem to be quite good at posting on this forum, your posts are well laid out and perfectly easy to follow so it suggests that given the ability to take your time and go over what you're wanting to say before hitting send that you should be able to sort this out OK that way. The FOS like all major bodies have policies in place which they follow quite well when dealing with people with various disabilities.
  • Welshguy40
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    Thanks for that.
    I have terrible problems with speech. My friend has helped me on here and is helping me construct a message to the FOS.
  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
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    Welshguy40 wrote: »
    I assumed that the benefit would continue but unfortunately this has not been the case and I am currently waiting for a tribunal date to hopefully resolve this.

    If that was your assumption, why would you expect Brighthouse to know any different?

    Are you able to sell the item(s) purchased to pay towards your debt?
  • Welshguy40
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    I came in here for advice.
    The paper work clearly stated that the benefit would end whilst in the agreement.
    My friend has spoken to the FOS who were very helpful. They informed them that as part of the affordability check they should have picked this up and would have expected the loan to be declined for this reason. I will therefore continyrvwith the internal complaint procedure and refer to them st the relevant time.
  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
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    edited 9 March 2018 at 3:34PM
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    Welshguy40 wrote: »
    I came in here for advice.
    The paper work clearly stated that the benefit would end whilst in the agreement.
    My friend has spoken to the FOS who were very helpful. They informed them that as part of the affordability check they should have picked this up and would have expected the loan to be declined for this reason. I will therefore continyrvwith the internal complaint procedure and refer to them st the relevant time.

    Suggesting ways to repay the debt incurred is good advice. Do you no longer have the items, do you not think that selling the items to help towards your debts would be a good idea?

    If you're referring to ESA or PIP, your award does not end, it gets reviewed. If there has been no change in your condition then it will continue. How would you expect Brighthouse to know more about your own benefits than yourself?

    (These are all questions that will be asked as part of the FOS investigation. They don't simply take your word for it.)
  • Welshguy40
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    My PIP did end and I had to reapply. I was not aware I would have to do this when I took out the credit,
    As the goods are under hire purchase it is against the law to sell these whilst you are still paying for them.
    Luckily I have now had the correct advice from the FOS.
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