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kevinob

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  1. Hi Tracey If you started your agreements in 2006, the company will no longer have them. Everything pre-administration has gone, there is no archiving of those accounts. From my experience of working for them as an Area Manager with access to customer data it is probably safe to say your account will have been rescheduled (Homebuy terminologyfor reducing payments and extending contracts). In my time with the company I seen too many of these 'older accounts' similar to yours. The statements are very difficult to understand and the payments/balance don't seem to move. Obviously if the figures you have stated are correct then the math does not add up. Hopefully you will have retained all your receipts and they will match with the company system. There have been issues with collectors and payments and hopefully this will not be case in your situation. Do you know your collectors first name and your area - I may be able to put you in contact with your Area Manager. Good luck.
  2. I have been through a similar situation. Truth is they can sanction you if they wish, their company their rules however they must act within the law of procedures. A sanction always has the right of appeal. The good news is - if only two people are privy to the conversation and both stories are conflicting, it is up to the company to decide if the allegations have any foundation and who to believe. If the offence is that bad you would usually be suspended (with pay) whilst the investigation takes place. Good luck.
  3. Hi Lefty You seem to really have it in for BAYV - like it. You may also want to dig on Homebuy, if you think BAYV are immoral, Homebuy people often step over the line but fly below the radar. Many of their managers are driving Audi A4,s, A5,s and other expensive cars. When they refinance a customer there are no figures on the sheet relating to interest, length or settlement figures. I worked for both companies for over three years were I witnessed [edit] from the employees. I left BAYV by mutual agreement for questioning their practices and was dismissed by Homebuy over an alleged client database of 29000 customers, although for six months previous I had also questioned their practices relating to not seeking a police access report from its employees. If I can be of assitance let me know.
  4. Homebuy have recently lost investment in the company which has provoked a change in operations. Redundancy has been muted through the company, they are unable to buy bulk stock and the direct sales force has been reduced. This is absolute fact, I recently left the company but have a source in management who is able to feed me information.
  5. It happened to me with a company car, the company I worked for are tighter than a duck's backside but they did not mess about with them - they paid. I think your options are limited - was there a sign stating the staying period, the car is on CCTV, it may be your daughters car but it is registered to your husband and that's who they have addressed the bill too. I don't think they would clamp the car regardless of location as they want cash. I would certainly research the company more although I must admit the website looks legitimate. You won't see a baliff until you have lost the case in court. good luck.
  6. If you google the number you discover a site called WhoCallsMe - other are getting the same call.
  7. OK - apologies Lefty is spot on, the console is yours. They won't pay out on the insurance unless you still have the console and they examine it. Your OMC (warranty) will not cover the product but if you are paying their in house insurance that should cover accidental damage. As for jail, in all my time with the company I was not aware of any person being taken to court and some people didn't make a single payment on goods ranging from large LCD TV's to sofas.
  8. Ok So it was a one off mistake by a person who performs well, has been given extra duties and is earmarked for potential progression within the company. Your manager will support you work and moral ethics. Your mitigation has to be tiredness and a mistake - tell them you have overworked yourself with exams and work and that the added duties have distracted you. Your reasons will determine the seveity of the punishment. If others named have not been suspended for the same offence it will show inconsistency.
  9. Without Prejudice Save as to Costs. Because the Courts cannot order disclosure of “Without Prejudice” negotiations (or documents) against the wishes of one of the parties of those negotiations, this obviously will mean that in some instances the Court, when it comes to the question of costs, cannot decide whether one side or the other was unreasonable in its actions. Although, as noted in Unilever v Proctor & Gamble [2000] WLR 2436 at p2445, there are exceptions to the general rule of non-admissibility of “Without Prejudice” documents, there is no general exception of non-admissibility when it comes to the question of costs. However, the application of the non-admissibility rule in respect of “Without Prejudice” documents can easily be avoided in the arbitration context by the simple expedient of using the Calderbank formula (Calderbank v Calderbank [1976] Fam 93) of negotiating “Without Prejudice Save as to Costs”. In respect of litigation, where a Defendant believes that there is some merit in the Claimant’s claim, but not as much as the Claimant claims, then the Defendant can make a payment into Court of the amount he thinks the claim is genuinely worth, and must notify the Claimant of this action. If the Defendant sets the payment into court at the right level, this gives him some protection from liability for the Claimant’s legal costs assuming that the amount eventually awarded to the Claimant by the Court does not exceed the amount paid into Court. It is not possible to pay money into Court in Arbitration, however in the Arbitration context, the Defendant (known in Arbitration as the Respondent) writes to the Claimant offering the amount he thinks is properly due, marking the letter “Without Prejudice Save as to Costs”. This letter is otherwise known as a “Calderbank” offer letter. The Arbitrator will not be told about this offer until after he has made his decision on liability. If the amount he awards the Claimant is less than or equal to the amount included in the Respondent’s “Without Prejudice Save as to Costs” (Calderbank) offer, then the general rule is that the Claimant should pay the Respondent’s legal costs (and his own) from the date the offer is made. The logic behind this is that the Respondent has correctly assessed the justified level of the Claimant’s claim, and the Arbitration from that date on was a waste of time and money.
  10. I worked for BAYV for three years as a debt collector and this sounds like a wind up.
  11. Hi Lauryn In order to help you I must write like an employer. First of all - if you have obtained £3 or £300 from false reports the company have the right to suspend you while they investigate, for all they know it may not be an isolated event. Second - if you have been maintaining 'manual inputs' previously then training is not an issue as you know how to do it. Since October how many mistakes have you made? Third - your stress related illnesses will have no bearing as you are blaming your exams for the stress. Fourth - the company will not accept 'I don't know' as a reasonable excuse. If it is a one off it can be put down to tiredness, error, mis calculation - take your pick. I feel a key fact here is that the company have not discovered these discrepancies but have been alerted to them. What procedures do they have in place to check your sales submission are correct (manually or automated). Also how did the person who highlighted the discrepancies know they had taken place. If other people have been mentioned in the same letter for the same offence - the punishment must be consistent for all. Now I don't mean to be rude but you say you don't know who is suspended or who is on holiday - FIND OUT by asking the question. The company will not volunteer any information, you have to turn investigator and judging by your posts you are well equipped to do it. If people are talking about the situation, name names, if the breach has come fron an investigator it will invalidate the investigation. I would ask if you are suspended, how do you know people are talking. If your union rep is anything like mine, get rid - they are useful for note taking but I find when they speak negotiations usually turn in favour of the company. When was your last appraisal, if you are as good as you say you are - you will have glowing reports that will show you mistake is out of character. You say you know an investigator, use Psychology on them, such as - 'you know me, I wouldn't knowingly do something like that' You have a degree in Criminology and Law - use this situation as your first challenge in applying what you have learnt - you may surprise yourself. Keep us posted and good luck.
  12. Hi Lauryn A little background about myself. I was recently dismissed from my employment on the grounds of gross misconduct, however after submitting a tribunal for unfair dismissal the company are now settling out of court. As an Area Manager and from what you have mentioned above (submitting incorrect sales) it could be deemed you have falsyfied sales for your own personal gain i.e. bonus purposes. In my industry (consumer finance) that would be a sackable offence if proven. You will be provided with all evidence against you prior to your disciplinary hearing. I would suggest you obtain a letter from your doctor as mitigation, highlight the system failure, point out when the system was working you were 100% correct and providing you have no other sanctions against you - put it down to human error. I definitely would not mention you have been making up your figures as the company will not care about your exam results or allow you to use stress as an excuse. You need to know exactly what evidence they have against you - is it real or speculative. Ask if anybody else has made any errors during the system failure. Good Luck
  13. You will need to right to the company and inform them you feel you have been mis-sold maintenance cover. It is supposedly optional. You will have signed for the cover on your original agreement however if it was not explained to you what the extra charge was then you may have a claim. If your account is in arrears they may not look at your account until it is up to date. Your account may also have been rescheduled which means spread out over a longer period.
  14. Looking at your threads - if they have not sent your original agreement chances are they have it archived or misplaced. Without your original agreement they cannot enforce it. Tell me when you started with them and the area you live (don't put your address). You say that you have been paying for years - most contracts are over 156 weeks (3 years) and most loans are for 10 months. As stated earlier if the meter has no money in it they will be forced to act. I have worked for the two meter companies in the UK as an area manager and a debt recovery manager and I have never heard of a single person being taken to court for non payment. If your local office is not conforming to your wishes you can contact the following at their head office Phil Goad - Managing Director Julie Driver - Operations Director Raoul Charmetton - Compliance Director Unit 44 Empire Industrial Estate Empire Close Aldridge Walsall WS9 8EX Simply inform them you wish to have the TV picked up, if you are paying OMC (optional maintenance cover) this give you the right to return - also once you have paid a certain amount you have the right to return without question Without seeing your agreement I cannot advise on that amount but if you still have it - it will state a termination sum. I will look at the thread daily if I can help furtherlet me know.
  15. As a previous employee (Debt Collector) of BAYV, I can tell you there is nothing they can do without a court order. If you look at your agreement there is a repossession amount, once you have paid that amount they would have to take you to court to repossess. In my three years with the company I dldn't take or hear of any person going to court for non payment. They do not employ baliffs, they have Area Account Manager's who act as Arrears Manager's. They are alsoin financial trouble at the moment, so no chance of expensive court costs. Stick it out and they will eventually write off your account after about four to six months. Good luck.
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