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    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Ok good, thise are the 2 mist important ones to get sorted, moving on to gas, electricity and water next.

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Ok well thats good aswell, did i see you top up prepayment meters? In that case the elec debt is being taken care off every time you top up.

 

Any gas or water arrears?

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Ok who is your water company?

If there are arrears you could be entitled to help from the water companies' trust fund to clear your arrears,

alternatively, most water companies offer schemes for helping with arrears such as matching payments for 6 months and then from month 7 double matching.

 

For example, you pay 20 a month, they match it for 6 months, month 7 onwards they pay 40, well worth checking these schemes out on your water companies website.

 

So you seem to have all your priority debts under control with a little work to do with the water maybe, next you prioritise food and any necessary living costs, such as transport or other essential items not forgetting TV licence.

 

Once you have worked that out you will be left with an amount, known as "disposable income", this, you divide equally among the remaining creditors and send written offers.

 

If you have no disposable income, then depending on your total level of debt, you could apply for either a Debt Relief Order, an Individual Voluntary Arrangement or Bankruptcy. None of which are really as bad as they sound.

Edited by martin2006

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nice work martin.

 

 

worried about .. plus a £1,000 debt with the electric board.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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nice work martin.

 

 

worried about .. plus a £1,000 debt with the electric board.

That is being paid back through the pre pay meter, so Claire0o0 might be able to reduce the amount taken for arrears by the meter, especially as these suppliers are notorious for setting a stupidly high amount like £20 a week before any energy.

 

Yes ditto superb advice Martin.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Yes but £1000 that's a lot for a12mts bill

Hope it wasn't old bills they weren't entitled too???

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Its surprisingly not a high amount for 12 months use.

If you think it equates to around £20 a week in usage, thats alot less than i use for a 3 bed terraced, mine is neare £30 a week.

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Hello Claire0o0,

 

Firstly I would like to take the opportunity to sincerely apologize for the experience you have had with us.

 

We can understand your circumstances and would be more than happy to assist you.

Usually in such instances, your local store is the best point of contact as they have several forbearance tools to help bring your account up to date, whilst taking into consideration your change in circumstance to help with your financial situation.

 

A list of our forbearance options include:

 

1.Commitment

- When a Customer has missed their weekly payment and ‘commits’ to bringing their agreement back on track by an agreed date.

 

2.Rewrite

- When a Customer’s arrears are added to the end of their agreement. This may be one agreement or multiple agreements.

 

3.Breathing Space

– When a customer advises they are in financial difficulty and are actively seeking independent financial advice. Can be for a period of up to 28 days.

 

4.Product Substitution

– When a customer returns their current product and substitutes it for a product with a lower weekly payment.

 

5.Write off

– When a customer is experiencing severe financial difficulty and all other forbearance options have been exhausted.

 

6.Product Return

– All customers have the option of returning their product, at any time, without penalty.

 

Please allow us the opportunity to help by contacting your local store.

If for any reason you feel that you are not satisfied with our service,

please feel free to contact our Customer Relations team on 0800 526 069,

so we can look into this for you.

 

Kind Regards

Sunpreet

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Hows this going claire, have you made any progress?

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  • 2 months later...

I fell behind on payments

 

 

the area manager called on Friday

ended up in an argument as he refused to help reduce the payments from £30 to £15 per week.

 

 

I gave him a rundown of what I have to pay out as I've lost my daughters tax credits/child benefit

me and my partner receive £113 per week and after bills/food etc

we've only got around £15 left which we offered.

 

I've paid well over a year on the two items we have.

he said he'd get in touch with his boss and see if they'd except the reduced payment but its highly unlikey they would.

 

 

never heard from him and now our tv has been turned off by them so we can't use it.

 

 

the tv itself belongs to me as I was given it from a friends a few years back and buy as you view has there box attached to it.

 

 

l I want is for them to accept my payment.

now I'm going to be sitting without a tv to watch.

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I find that this is a shocking story. Isn't BAYV based on the fact also that you put money into a slot meter in order to save up money to pay off the debt? If this is the case then essentially they are preventing you from collecting the money that you need for the next payment.

 

What is the mechanism by which they switch the TV off? How does it work?

 

Also, are there any terms and conditions which allow them to do this? Is there anything on the documentation you have received – and is there anything on their website?

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In fact I've just checked their website – and in their FAQ, they do refer to restricting your access to your TV. On the other hand, they say that this is only done after sufficient notice is given.

 

Have you had any notice about this?

 

You could tweet something like this if you wanted:

 

@BuyAsYouView pretty heavy-handed action from BAYV – and without sufficient notice? BAYV have turned my tv off http://cag.tw/1vn0

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We've had a tweeted response from BAYV: –

 

xDP2ryIk_reasonably_small.jpg

 

Buy As You View

@BuyAsYouView

 

 

@Real_CAG Good Afternoon, can you send a dm from your personal account with your details. I will be happy to assist you further,

 

Alex, BAYV

 

 

I suggest that you contact them and see what they can do. I think that you need to point out that there has been no "sufficient notice" as per their claims on their website. Furthermore, they are not acting responsibly because they are refusing to accept any kind of payment from you and that means that you can't even reduce the debt partly. In other words, they are insisting on a certain level of reduction and if it is anything else – more manageable – then they are refusing to accept it. This is more than irresponsible, it is outrageous. They have a duty to accept any payments from you even if they're not happy about it. They have a duty to allow you to take any measures you can to reduce the debt. This is even if they don't find the instalments that you can make to be satisfactory. They still have a duty to allow you to reduce the debt.

 

Finally, they talk about having a friendly staff and approach et cetera. On the basis of what you have told us here, there was nothing friendly.

 

I think that sufficient notice must mean that there is notice in writing. Simply somebody turning up and making an almost instantaneous decision, is not sufficient notice.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The area manager came out Friday and said he'd speak to his manager Tuesday gone. we've had not default notice or anything and tv which is ours anyway was working earlier and then they switched it off on their end.

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next time, if ANYONE comes out, tell them quite clearly where they can go. Do NOT open the door to them. Ever. They also cant switch it off on their end. If its connected to the internet... why?

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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bypass their mains feed with another lead

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Personally i'd tell them in no uncertain terms that if they refuse to switch it back on, theylll get no further payment. besides, theyre already refusing payment towards an outstanding amount owed, which is not allowed. And also flouting guidance by no being compassionate to a debtors circumstances

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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Personally i'd tell them in no uncertain terms that if they refuse to switch it back on, theylll get no further payment. besides, theyre already refusing payment towards an outstanding amount owed, which is not allowed. And also flouting guidance by no being compassionate to a debtors circumstances

sorry, but I don't think that this is helpful advice. First of all, they have the whip hand. It doesn't matter a bean to them whether or not you pay. They're not short of a bob or two.

 

Secondly, you need to show willing all the way and avoid conflict. So far it is BAYV who are acting totally unreasonably and irresponsibly. You need to keep it that way.

 

I suggest that you take my advice and contact them by Twitter message as suggested above and see if you get a resolution. I wouldn't hang around too long. If you don't get things sorted out within a couple of days then come back here and we will discuss some further and more serious action.

 

In the meantime, keep on making the payments that you can make. It is very important that you don't stop this.

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My point is that bay are like bright house and are unlikely to compromise or even follow procedure. They're a law unto themselves.

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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As I see it, BAYV are in breach of the commitments it made to the FCA

https://www.fca.org.uk/news/press-releases/rent-own-provider-buy-you-view-pay-%C2%A3939000-around-59000-customers

 

They have turned the TV off without issuing a default notice which they assured the FCA they would not do.

 

This quote from Thisismoney

 

The meter is connected to the customer's TV and historically it was 'temporarily interrupted' when a 'suitable payment or arrangement' was made.

 

 

Temporarily!

 

I would be filing a report to the FCA pointing out that BAYV are still doing things that they assured the FCA they would not do.

 

If you do DM BAYV, please keep us updated on what they say. Companies like this just hate bad press and they will try to coerce you into a confidential agreement.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Have you sent them a message yet?

 

In view of what has been discovered by silverfox above, I think that not only should you be complaining to BAYV but also you should be asking for compensation. I would also be making a complaint to the FCA and also to Trading Standards.

I'm sure that you aren't the only one to be receiving this kind of heavy-handed bullying and unlawful treatment from BAYV.

 

If BAYV wanted to sort this out, then they should go through the list of everyone who they have disconnected from their TV and yet who have not been issued with default notices as per FCA requirements – and switch them back on and also send them a letter of apology.

 

Do you think that BAYV is up to this? I doubt it.

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