Brighthouse Help

kirstycobie

hi,

just wanted abit of advice, got a cooker on hp have paid £600 todate and £800 outstanding.

anyway, stoped paying just before xmas due to financial dificulties and have still not got this sorted... so today i get a knock at the door, 2 men standing there said there from caversham finance limited regarding the cooker, said they want the full £800, i said i cant pay it and asked if they could just take the cooker and owe nothing, he said he will give me 1 week to get another cooker sorted as i have children then will be back to collect the one from brighthouse.

just wondered do they have a right to just take it or does it have to go to court first???? i cant afford to get another cooker at the minute and just dont know what to do.

please help!!!!!!!!!!!!!!:mad:

PNPSUKNET

your brighthouse agreement would state its theirs until paid, I would contact the social for a loan. No court order is required, although they could just take you to court for the cash likely wont though

RedTulip

Hi, under UK law for a HP ownership of the goods do not pass to the borrow until full repayment is made, *however* the creditor may not seize the goods without a court order once one third of the repayments have been made.

kirstycobie

hi,

thanks for the replies was wondering if anyone else had anything on my problem???

handyman123_2

RedTulip wrote: »

Hi, under UK law for a HP ownership of the goods do not pass to the borrow until full repayment is made, *however* the creditor may not seize the goods without a court order once one third of the repayments have been made.

Thanks RedTulip, I didn't know that. So if I understand correctly Kirsty can tell them to whistle until they get a court order otherwise she will report them to the appropriate authorities. This should get her enough time to find the remaining balance plus what ever penalties they apply to the account?

Regards, Handy.

thechippy

Yep,

Despite the fact the agreement may say the goods remain thier property until paid for in full, they still need a court order to remove them. Of course, you could let them take it voluntarily.

So, two choices. Let them take it (providing they write off the balance - get that in writing as well.) and get another cheaper replacement, or agree a repayment plan with them for the balance.

kirstycobie

hi,

i asked about a repayment plan but the man said that wasnt up for discussion, i really cant afford to get them to take it away as i wount be able to afford another till end of march time, and with having 2 little ones is no good at all, but at the same time i dont want people keep coming to my house about this, what would you do in my position???? i cant lend any money off anyone either,

RedTulip

Hi Handy

As far as I am aware, yes. Of course there may be some clause in the contact - I'm not sure if individual differences can be made, or if the law is right across the board with no exceptions.

OP, I would double check your agreement and if the one third rule applies I would tell them to do one if they turn up again. Thechippy makes a good point, all you need to do now is chose which you want to do.

kirstycobie

hi,
leave it yes ive paid over 1/3 and it states in contract that they cant just take it, but what if they come back to my house and they try to come in?? i understand that only court bailiffs can enter and all that but if i ignore them until the end of march when i can afford on would that give them time to go to court and give me a ccj as i really could do without that as were looking to buy a house next year.

thechippy

They can't come in your home without a court warrant - which is unlikely.
They could go for a ccj, but that would have to remain unsatisfied before they could instruct bailiffs.

Just offer them what you can afford each month to clear the balance (do it in writing) and say TUFF!

The chances of further action is remote.
They can't just come into your home either, so don't worry...;)

handyman123_2

Kirsty, companies like B(sh)righthouse rely on people who are in a poor position regarding credit. They overcharge in the first place then make money out of those poor folks already struggling when they get into difficulty.
They rely on normal peoples ignorance of the law in order to operate.
As the Chippy says make them an offer in writing, send it recorded. It shouldn't cost more than a couple of quid and it will be worth it.

If you think you could have problems putting the letter together, PM me and I will get the brains trust to write one for you.

Regards, Handy.