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big problem

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  • #16
    Re: big problem

    Originally posted by bigbootz View Post
    Well the problem is I will have to tell them I do not have the stuff, after a couple of weeks of missed payments they come to your door and take the stuff back and say they will put a freeze on your account and hold the stuff until you have caught up..I know because I had a problem once before but I got a loan of some money. BUt I can;t very well go back to the same person and say it is happened again, I will need to try and get out of this completely, I would be happy if I could just pay half of what I am paying a week. But they would have to accept that kind of arrangement first..
    Actually I know this isn't the proper way to think but I think they rob everyone else, so it is about time someone go them back hehe! But I know I probably shouldn't think that way, I am just agreeing that they are robbing B's. Should never have gone to a place like that in the first place..the sad thing is I did not need to, I just wanted stuff, now it turns out I haven't even got the stuff and can't keep up with the payments..actually I could if I could do something about this couple of weeks and get to normal I could probably pay although I could end up in problems again, if something else comes up like happened this time. All I have of the items is my bedroom furniture, if they take that away I will have to put my clothes into black bags until I can get a couple of chest of drawers. But I will get that eventually but to be honest I would have been better doing that in the first place than paying through the nose for stuff like that.

    They have no right to "just come to your door and take your stuff", you are protected by the consumer credit act section 90-100, they cannot enter your property without you express permission, if you want to let them in that is upto you.

    As I said previously they cannot repsooes the goods if you have paid over 1/3 of the total cost of the item without an order from the court, beofre the re-posses in any case they have to send a default notice and give time to remedy. I am fully aware that these companies routinely ignore the requirements of the legislation, but they do so , to be blunt, because of the lack of knowledge of their customers and their intimadatory attitude.

    There is not facility in law for them to "take goods back whilst you catch up", nor can there be any contractual obligation for you to permit such a practice.
    I would deny them access or entry and tell them what I was willing and able to pay, if they do not like it they could take me to court and argue their case in front of a judge.

    The FCA are currently reviewing the precontractual arrangements on companies like this, they do not carry out the correct affordability checks before issuing their outrageous high interest and over priced transactions, there is plenty of ammunition to throw at them should they be foolish enough to seek a court order.

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    • #17
      Re: big problem

      http://www.consumerwiki.co.uk/index....use_Fact_Sheet

      Comment


      • #18
        Re: big problem

        Thanks for that, that seemed very helpful, although it must be slightly out of date because it says they contact your references, well from what I remember when I signed up for the stuff initially they told me they don;t take references any more.
        What I am interested in is the 90 days thing, it seems to me all I have to is refuse them access to my home and wait the 90 days and wait until a debt collector comes and then arrange a smaller payment each week. Although trying to keep them out of my home and them phoning me for 90 days would be quite stressful, but I am actually thinking this is the way to go because, it sounds like they can't do much and if I do it that way, I don't have to tell them I don;t have most of the goods and that way I wont have to buy another chest of drawers or dressing table.
        IT seems like the best way for me as then I won't have to be paying 53 pounds every week and I will have a break completely form it until the debt collector catches up with me. Only problem is they will come to my door quite a lot which will be uncomfortable trying to avoid them. They will phone as well but that is easy only answer if you know who it is.

        I know it doesn't seem very honest but I am in a bit of a mess here and they aren't really being helpful at all when I call them up to explain it and also they rip people off these places, so why I should care? I know not honest but it is true. I am mostly peeved off they didn't seem to accept that did not have the money this week. I had no way of getting it and I told them that, yet they still went on about me going in with the money before closing time. I find that incredibly annoying. Thanks for the link I just hope this just blows over, I have no idea as to how many times they will appear at my door...that is really the only thing, it just means I do not answer the door but, it is going to be quite uncomfortable, particularly if I have people in, I get visitors a couple of times a week. oh dear.

        Only other thing I could is when they come to the door, just keep saying I will go in tomorrow with it and never go in

        I am still going to phone and ask the citizens advise anonymously and see what they suggest but thank again that's a good link!

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        • #19
          Re: big problem

          P.S Also I noticed it explains how the late payment charges are made up, I have no idea how mines comes to 80 pounds. I had 6 items.

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          • #20
            Re: big problem

            Well it is your decision, but this is not the actions I advised.

            If it were me i would decide how much I could afford to pay and make them an offer, based on the purchase price of the contract, and supported by an income and expenditure statement and stick to it. Then when they call I could say that I was paying exactly what I can afford.

            The problem is that if you have not paid one third of the purchase price of the goods it is a relatively simple procedure to apply to the court for a possession order and if you have shown no intention of paying for the goods, they will most likely get one, you will have to return the goods if ordered to do so by the court.

            You have to be at least seen to be doing the right thing.

            Comment


            • #21
              Re: big problem

              Originally posted by bigbootz View Post
              Hi there , no I can't get the items back, they are well gone. I signed an agreement with Bright house. But I was paying 53 pounds a week, which I can usually afford but this week somethings came up and just because of that I am in a total mess and possibly at risk of being involved with the police, as I don;t have most of the stuff anymore, I don't know for sure but it seems like it could happen (the police) I will try and contact citizens advice on Monday but as it is the Easter weekend I doubt they will be open.
              I am quite worried about it but I am trying to find out should I be as worried as I think I should be? Probably.
              What's this about Shytehouse "fining" you? They are a private company and have no right or power in law to impose any fine on anyone. Even if they did get onto the police, I am sure the police would be interested to hear about their "fines", as would Trading Standards and the FCA.
              Life is a journey on which we all travel, sometimes together, but never alone.

              Comment


              • #22
                Re: big problem

                Andy58, well after reading that link that someone posted it looks like they can't do anything to me after 90 days, so why should I waste money paying them when I don't need to? Maybe I should offer to pay something but according to that link it will just go to a debt collector...then I can arrange a smaller payment each week, so you clearly think this a bad idea.

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                • #23
                  Re: big problem

                  Bluebottle, they call them fines but they are just late payment fees but they seem really over the top. But I am not sure what I should do, but I am going to anonymously call the Citizens advice and ask them what happens.

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                  • #24
                    Re: big problem

                    Originally posted by bigbootz View Post
                    Andy58, well after reading that link that someone posted it looks like they can't do anything to me after 90 days, so why should I waste money paying them when I don't need to? Maybe I should offer to pay something but according to that link it will just go to a debt collector...then I can arrange a smaller payment each week, so you clearly think this a bad idea.
                    Debt collectors can get court order too. In any case have a think about why it is you got yourself into this mess, sometimes the best way out is not the easiest. No one is suggesting you should pay what you cannot afford, but pay what is due and no more, then you can tell them to get knotted when they knock on your door without having to hide away. Lets not forget that selling goods on hire purchase is technically theft, and a criminal offence.

                    Anyway as said it is upto you. I will comment on here no further.

                    Comment

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