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    • If you are buying a used car – you need to read this survival guide.
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    • 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
      • 161 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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Buy As You View took my TV!!


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Hi I know that this is not the correct forum for this retailer, but its the only one that I saw that looked similar...

 

I hope someone can help/advise me here.

 

Basically I entered an agreement with BAYV in July 2007 for a TV, at the time it seemed like a good idea but after 6months or so well.. my views changed but i was stuck...

 

I never missed a payment, however the majority of the time I didnt use the coin box thing and either paid in cash when they came round, or via a cheque. they NEVER had any issues with this, they just said that by not using the box, it may affect my eligibility to get more goods from them (which at the rates, i didnt want anyway).

 

I left work in Oct 08 and so money became a bit scarce. In Feb 09 the rep that comes round suggested that we refinance the deal, so that the payments would reduce, no extra interest etc, just smaller payments over a longer period. This seemed ideal, on paper anyway. I went from the equivalent of £20 a week to £10 a week... SO winner!

 

Throughout this time i was still making payments via cheque, with no complaints from BAYV.

 

The last time someone came out, again, I paid via a cheque, and yesterday, was collection day.

 

My Acct manager advised me that the previous months payment had "bounced all over the place". And said that they now require that and this periods payment in full, or they would be removing the goods.

 

I advised them that I could not pay in full, and had they contacted me 6 weeks prior (when the cheque bounced) I could have cleared that then.

 

He didnt seem interested, and having had the same rep for some time, he knew my financial situation, in actual fact, he had the reposession papers in his hand ready, so he KNEW i wouldnt be able to pay.

 

I obviously was not pleased, i had paid upwards of £1500 for a TV that you can get for £500 now, and was going to end up with zip.

 

I tried to get some sort of repayment sorted, and enquired about maybe a "grace" period, but this fell on deaf ears, it was full payment now, or the TV goes.

 

I couldnt pay, and he proceeded to unplug the TV etc.

 

Having read my terms, and calling BAYV it turns out when I refinanced, it overided my original agreement and as such, was back to square one.

 

I have no rights whatsoever, the girl over the phone actually said...

 

"We did make you aware that your cheque bounced, we sent you a letter on the 22nd September"

 

YES... you read that right, 22nd september, yesterday, the day when the TV was taken back....

 

 

Where can I go from here? i'm mighty annoyed, TV-less and £1500 out of pocket.

 

If i did this to someone, I would be arrested for extortion.

 

I appreciatte any feedback, and hope someone can help me.

 

Thanks

 

Chris.

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Did you call the police? I have never had any dealings with them but I have read some horrifying stories on them.

 

Thankyou Silly and mini for your responses.

 

I havent called the police but I did contact my local trading standards, and also Community Legal Advice/Consumer Direct.

 

Awaiting call-backs from these places.

 

I would have been deemed time-wasting if I called the police as i actually signed the TV back over to them, the only reason I did that is because he was adamant he was taking it signed or not... and if I had not signed he said that I would still be liable for payments, and damages if he was to drop it "by accident" on the way out.

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Thankyou Silly and mini for your responses.

 

I havent called the police but I did contact my local trading standards, and also Community Legal Advice/Consumer Direct.

 

Awaiting call-backs from these places.

 

I would have been deemed time-wasting if I called the police as i actually signed the TV back over to them, the only reason I did that is because he was adamant he was taking it signed or not... and if I had not signed he said that I would still be liable for payments, and damages if he was to drop it "by accident" on the way out.

 

another bayv victim what he basically did was made you sign your rights away as i assume the paper you signed was voluntary surrender of the goods but if you had thrown him out of your house he would of then needed a court order to retain the goods from you.

you have done the right thing in contacting consume direct as they can refer complaints for you to trading standards.

 

i really wish you the best in your fight also it may be good idea to try and get the bank to confirm all cheque payments and start to build some sort of case against them also maybe issuing them with a S.A.R may be a good thing keep them on there feet and see if there are things you could use in your favor for sake of 10pounds worth a shot.

 

i am sure there will be somebody along shortly to advise you further

 

regards

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BAYV are a bunch of rip off cowboys and they are worse than Brighthouse. I would suggest writing a very strong complaint to the head office of BAYV and make sure you send it recorded or special delivery.

 

I have had my own problems with them so i know what they are like. In Feb 2007 i moved house, i phoned and wrote to BAYV about a month before but they took no notice. They sent a very rude rep to my house in August 2007 threatening me with all sorts. He repossessed my tumble dryer (it made a hell of a noise and i was glad to get rid of it). I phoned Citizens Advice the next day who told me he had no right to take the dryer and they told me to put a complaint in which i did.

 

I got a reply saying they would investigate. I then got arrested by the police as the rude rep from BAYV told them i had 'stolen' the goods by not telling them i had moved. I was interviewed then released on bail. BAYV never got back to the cops and after 6 months they dropped the case. I spent the next 6 months writing to BAYV (who never replied to my letters even though i sent them all recorded delivery and could prove they received the letters). I ended up complaining to the Financial Ombudsman who resolved my complaint after 6 months where BAYV eventually apologized for the reps behavior, wrote off everything i owed them and said thats the end of it.

 

Fight them all the way and don't back down. They pulled a fast one. If you get no joy from complaining to BAYV then contact the Financial Ombudsman cos they are great. Good luck.

:cool::cool: Blondmusic :cool::cool:
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I think BAYV are worse han brighthoue as i have been with both companies,At least with brighthouse you dont pay interest on the interest,afte you get something else off BAYV if u still have a pyments lef on an existing agreement they refinance the whole amount so you end up paying interest on the interest. CRAZY!!

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Yes Ur Correct But We Should Make Consumer Direct Aware Of This Companys Behaviour .is What They Do Legal .also Im With Buy As You View I Bought A Washer And It Burst Into Flames And Severley Damaged My Kitchen Caused Over 3000 Pound Of Damage .are They Intrested No Not Really .i Have Know Stopped Them Entering My Property To Empty My Meter .but Full Of Bull No Intrest In Consumer Policies At All

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I thought that I would update you guys with my case... which isnt looking great. Trading standards looked into this for me and emailed me back today....

Dear Mr x,

 

After looking at the agreement you brought in to us it seems the finance company were within their right to take the television without a court order due to you not having paid a third of the modified agreement.

 

I have spoken to xxx at Buy as You View and she has explained your agreement.

 

The agreement is based on using the coin meter. You have paid in cheques which on occasions have bounced.

 

You did sign authorisation for the company to take the television and agreed the agreement would end.

 

xxx has suggested two options:

 

1) If you are willing to pay £280 which would bring you up to date AND commit to using the coin meter from now on they will reinstate your agreement.

 

2) If you cannot or are unwilling to pay the £280 xxx has said they will provide you with a CRT TV as a gesture of goodwill.

 

 

 

Please could you contact me with what you decide to do so I am able to update the file and to make Hazel aware of the situation.

 

Regards

 

 

xxx

Consumer Advice Assistant

x Trading Standards

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And my response.....

 

Hi x,

 

Thankyou for your response, I really appreciatte your help on this matter.

 

Today I received my first ever account statement from BAYV, albeit a little too late which was for 20/09/08 - 20/09/09. This showed only ONE bounced cheque payment, the last one where they actually came to take the television.

 

That aside, i would not be willing, nor can I afford to pay them £280 just to enter back into a new agreement.

 

I did sign the TV back over to them because as mentioned in our meeting, it was hinted that he may drop the TV and i would still be liable for it. This company have used underhand techniques to remove any legal standing on my part on this agreement, numerous times.

 

I would happily accept a TV, but I am hoping that their gesture of goodwill does not turn out to be an insult, after paying almost £1500. A reconditioned/second hand LCD TV would be ideal. After all they have received original value of the Television that i was purchasing, and more.

 

However, a TV would be welcomed, I just hope that they see it in their hearts to provide me with the above.

 

Yours,

 

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  • 5 weeks later...

You should have clobbered the bloke around the head with something. Sounded like an idiot and there seems to be far too many people walking the streets like this idiot working for companies that act as close to, if not over the line that decides whether they are a reputable company, or loan-sharks.

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  • 1 month later...

intrest on intrest this u say is what buy as you view do.does anyone of the complainents made the o f t aware of this method.just had a situation of 400.00 arrears on my account.but on 21/12/2009.the goods in question was all replaced due to a fire caused by there appliance.so not got use of them but still charging you for them.

if they was not damaged they did not need to replace them .

period from september 2009 to dec 2009 arrears occured. we are seeing a crafty move here from b a y v as the new goods have all been registered in my wifes name replaced by insurers .can they be added on to originol agreements not same appliances diffrent make not in my name under the warranty my solicitors dont think this can be done on a legal binding agreement.dont match h p products .futher advice needed.

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  • 3 weeks later...

Hi Insertname, as i have previously stated i did work for BAYV, And what they said is correct, on refinancing your loan affectively started again, and therefore overides your previous contract, morally wrong but legal, did your account manager do all the details on the PDQ and mobile printer or was it hand written?? if it was done by pdq it is all legal, however in some cases when hand written some of the details could be wrong, we constantly got bollockings and had to do re-signs, due to refinances etc, the return document you signed, when your am removed goods, isnt to clear your account etc as they are told to tell you it is giving them permission to return your goods. Any other ppl in this situation DO NOT REFINANCE NO MATTER WHAT AND SIGN NOTHING ESPECIALLY THE RETURN DOC. unfortunatley you were conned into thier game and everything is legal, by law you dont have to let them in, yes you signed a contract stating they can call between 8am and 8pm, but it doesnt mean you have to abide by it constantly, and the coin meter agreement isnt worth the paper it is written on in the eyes of the law. if i can help i will but sorry, unless you can prove you were forced into the refinance by the AM under false pretences, then you dont have a leg to stand on.

Edited by ims
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feel free to PM me if you need more info or advice

 

Hi ims

Please do not offer to give advice via PM. It is better for everyone concerned to keep all dialog in open forum. I'm not suggesting that you would, but should you give incorrect advice via a PM, there would be no way for other members to comment to the contrary.

Thank you.

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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hi lefty, with me bieng an ex employee of BAYV i was thinking more of the customer wanting to ask a more personal question, to which i would have answered via the thread, didnt mean to offend

 

I have now retracted the statement asking to PM any questions

Edited by ims
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buy as you view are nothing but ****, and i (please dont follow what i am doing incase it goes wrong lol ) i am paying them nothing and have not since august 2009 as money was not adding up im my metre i had a record of what i was putting in each day and it never totalled the same as what the bay as you view guy was taking out but he has since been sacked what for i dont know,also the warranty and the interest on interest and also the arrangement fee that i was charged on every item so im happy to be taken to court which is when the fun will begin cause im gonna fight these **** and will make it loud and clear to all!

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hi nicole, chances are very slim that BAYV will take you to court, they dont want the publicity or the hassel, i have heard though that they do pass the agreements to third parties, last time i was in the office they were using uncertified bailiffs to collect outstanding arrears, however they only did this if the meter was removed from the tv, BAYV have the habit of telling customers that people were sacked even if they werent, this is to stop you using that person again should they start work for another similar company, as your AM will have had access to all your details and company paperwork, if he had left then he could very easily poach you for another company. Given the working hours, the pressure to sell and collect debt and the low wages, im guessing your man quit, BAYV have a very high staff turnover, and not just at AM level, in 3 months we had 5 different area directors, And everytime someone left we were told they were stealing from company account or over loading company credit cards etc, the best i heard was he had done a runner with £50,000 worth of company goods and cash (unlikely as i saw his last pay slip and given the law of averages was on more than £50k) As with all HP agreements have you told them you dispute the contract and or payments, most people i know from BAYV are good guys, and are only held back by company policy " CASH IS KING" and " A BAD CUSTOMER IS A GOOD CUSTOMER THAT IS CONFUSED" We were once dragged to regional office, Getting up at 6am to drive for an hour and half in traffic knowing you have 12 hours work ahead, then put in an over crowded conference room, and told how to MAKE customers use there meter, to remove hours and drop viewing time per pound, then told we were only allowed to have a 5% debt threshhold, please bear in mind BAYV use 8 week cycles, 250 customers per week per AM, thats 2000 customers, with on average £1500 per customer, when you collect an account it is already 8 weeks in arrears!!! if the customer is short even by a pound, when you go past the sat at 11am, they are owing the next weeks money also,so keeping a 5% debt level is almost impossible unless your willing to work 90 hours a week. Then add to the equation, most AM only get paid £1000 per month, then deduct from that mobile phone, as the company will only pay £25 per month towards it and then tell you to phone customers, then add the fuel allowance,company only pays 10p per mile in a 1.7 cdti astra, which on average costs 22p per mile, at the end of which the AM has todeal with customers that whine about faulty goods, not having enough money to pay, not understanding the agreements or the collection procedure, then when they try to help get done over by sales teams who lie to get signatures, then get done over by account who pay them pittence....yeah slowly they get dispondant and think bugger it. Really not sticking up for BAYV, Just please remember that the guy that empties your meter every time is doing a job that is very hard, very pressured and is only doing it to support his family the best way he/she can. I do agree with most comments about BAYV as a company, but the realproblemisthe top bosses and the deminuns that agree with thier policies, not the poor bloke or girl that is employed as a pawn. Please think ofthis when youareabout to blow at someone.....

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not having a go at the person who collects the cash from the metre but many people (including us) have crappy jobs with crap pay but get on with it and yes i know what im doing and have found many flaws but i must say if an uncertified bailiffs comes to my door i will be happy to tell him to take a jump cant take nowt from me without a court order and i very much doubt they would get it

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Just a note to all BAYV customers, bieng indebt for any reasonis not illegal, and BAYV can only call the police if you have either

 

1) DAMAGED THIER GOODS PURPOSELY

 

2) BROKEN INTO THE METER AND OR STOLEN THE MONEY

 

As long as the meter and its contents are in tact and not damaged or fiddled with in any way, BAYV do not have the right to enter your premises without you permission nor can they get police help.

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Nicole,thanks for not taking offence to what i said, and you are truely right with what you say, even certified bailiffs have to have court orders to enter your home, My advice would be to place the account in dispute, by writing to your regional office, if you let me know what area you are in i would be happy to pass these details to you, stating you dispute the amount you owe and the length remaining on your agreement, then ask that they only deal with you via post, so you have a record of what is happening, and no matter what REFUSE TO SIGN THE RETURN DOCUMENT, they will tell you it authorises them to clear your acount of something along them lines, but it is illegal to repo without it, Put REFUSED TO SIGN along signature strip, if they take the goods without it then they have broke the law.

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Thanks i have spoken to several people the regional manager was fairly new and he didnt know anything about the maintance vouchers i was sold he passed me on to somebody higher and to be honest im not going to chase them they can chase me then i will fight back i have sent several letters and have kept copies of letters i have sent and received

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