Can I send a S.A.R to BAYV?

[siennasmummy]

Hi,

having a few problems with BAYV again. I have always paid on time and the amount I was always told. I have had a letter saying I am in arrears for almost 200 pounds. This is impossible unless someone is not doing their job properly. Also, when I rang to querie this, I was told that my account was "changed" earlier this year. I do not know what that is supposed to mean and if it has been, it is not with my knowledge or my consent or signature. I have called customer services a couple of times and been waiting for a call back from the area manager. The call hasn't come and I am expected to pay my usual amount again next week.

What I want to know is, should I go to the C.A.B about this matter as I am a bit suspicious that something is a miss. I was wondering if I could send a S.A.R to them so that I can see exactly what is going on with my account without all the waffle.

Is that possible with hire purchase agreements? If so, how do I go about it? And do I make any more payments to the company whist I am waiting for this? I would not want them turning up and taking away my goods while I am waiting on the requested information. Any help would be appreciated.

[rebel11]

Hi sm

 

Yes you can send a SAR request. Send a £10 postal order, they have 40 days to respond. They should provide all the data they have on the account.

Template can be found in the library. What does BAYV stand for? I would carry on making payments.

Send it Recorded.

[MARTIN3030]

Hi,

Yes you are perfectly able to send them a SAR with the fee of £10.00.

You should ask for copies of the following;

 

1.all agreements.

2.Screenshots or log of all payments made.

3.Screenshots or logs of any fees or charges added and a description of what such charges represent.

4.Screenshots or logs detailing all communications between you and them.

5.Telephone log or screenshot of calls made by you to them and them to you.

6.Details of any third party disclosure/sharing /or passing of your data,giving dates and names of individuals or companies to which it has been exchanged or shared.

7.A current statement showing the balance owed.

 

 

send it with proof of name and address-a copy of a utility bill will do.

Address to follow.

[MARTIN3030]

Graham Clarke

Buy As You View Limited

Kingsway Buildings, Bridgend Industrial Estate, BRIDGEND, Mid Glamorgan, CF31 3RY

 

Send recorded delivery and keep a copy.

Keep proof of posting and also the receipt from the Postal order.

They have 40 days to comply.

If you believe that you do not owe any arrears,you can inform them that you regard the account as disputed.

Do not deal by phone,if they call you,insist they put everything in writing and send you a copy of their complaints procedure-if you have means to record the call-all the better.

Edited June 15, 2011 by MARTIN3030

[siennasmummy]

wow thanks for a quick response guys! Martin, I have made a note of all of that, yes I am very sure I should have no arrears as I have always paid on time and exactly what I was told by the agent so it is very strange. So if I put a letter in with the SAR to say the account is in dispute, or disputed or whatever, do I still continue to make payments or do I wait for their response? As I am a little unsure of all of this and don't want to be harrassed by them. Also, what if they don't send everything I ask for and within the 40 days? Thanks

[MARTIN3030]

Personally.I would send the dispute letter separately to the SAR although to the same address.

For the SAR address it to the Data Controller/Compliance Manager.

Send the dispute letter to Graham Clarke.

 

 

Address

 

 

date

 

Account Number

 

 

Dear Mr.Clarke,

 

Please be advised that I do not agree with BAYV who insist that I am in arrears with my account.

 

I am in the process of awaiting your compliance to a request under The Data Protection Act,and until such time as this is satisfied,I will be withholding further payments.

 

You should also be aware that I am fully compliant with your responsibilities in upholding Office of Fair Trading guidelines,as holders of a Consumer Credit licence.

Additionally,you should also be seen to be observing any other codes of practice to which your company is subscribed to.

Any adverse collection attempts or hostile measures,will be reported to the regulators.

Since I am willing to engage in communication in writing,I would ask that you do not contact me by telephone.

 

Please forward me a copy of your complaints procedure by return.

 

Yours Sincerely

 

xxxxxxxx

 

 

Send recorded and keep a copy.

[siennasmummy]

Thanks so much Martin. I will get those sent off tomorrow and then maybe I can get to the bottom of it. I still want to keep my goods and if everything is above board and it is some simple mistake, I will recommence payments and all will be fine, if not I will take the matter further and if necessary they can lose me as a customer and take back the goods. I will keep you updated as to their response. Thanks again.

[siennasmummy]

Oh, by the way does anyone have the link to the S.A.R form? I can't find it in the library. Thanks.

[rebel11]

http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

[MARTIN3030]

Good.

Actually since BAYV are known to monitor these forums,they might leave a comment.

Given the need for you to get hold of the info and visually see it,I would be inclined to follow through with your SAR,as there is no saying if this issues is resolved now,it wont occur again in the future,and once you have everything,you can keep tabs on things and know exactly whats what.

[siennasmummy]

Both letters sent today, recorded delivery.

[MARTIN3030]

Well done

[siennasmummy]

Well a quick update, I sent the letters recorded and the one to Graham Clarke said that I was regarding the account as in dispute until I had received everything I asked for in the S.A.R and that nobody was to call me or visit my home whilst the account was in dispute. Earlier today I have had a voice mail message from the area manager asking me to ring him so that he can come round tomorrow morning to discuss it all with me. I am not even actually at home this week as I am house sitting for relatives so if he calls around, I won't be home. My friend is nipping in each morning for my post so that I can check if they have replied. Question is, what do I do now? I don't want to ring him and although he said he was aware of my complaint, he never mentioned the S.A.R, but I specifically said, that while account in dispute, I was happy to communicate in writing. Please can someone advise me of my next step. Thanks guys.

[MARTIN3030]

Hi,your comments are well founded,and the purpose of the letter is to advance to something more pro active.

We should not openly be dismissive of phone contact when it is obvious that there is a willingness to deal,but you should from the outset be looking for a resolution and asking that this be put in writing.

If you do decide to call,or allow them to call,then you are not at liberty to agree to anything.

You should soon get the drift of the call,and be able to work out if it is leading to a result or not.

If you have the capability to record the call-then do it.

 

I am pleased to announce,that after a long time seeking it,we have approved and given sanction for BAVY to deal here in an official capacity.

As with all Customer reps invited to deal with CAG members,we would ask that you post respectfully and give them the chance to show they are here for the right reasons.

Equally we expect BAYV to commit to their part in demonstrating a willingness to resolve where they are able.

BAYV have been around for some time and so has the CAG we know lots about each other-hopefully there is a good opportunity to know the sides that so far we didn't see.Time will tell.

[siennasmummy]

Ok thanks Martin, I will see if he tries to contact me again today. As of yet, I haven't had the S.A.R back or a response from Mr Clarke but they obviously received the letters, that is why the area manager is ringing. I have a feeling he is wanting to come to my house to either take my goods away before I find something sinister out or try to get money off me as this week is my payment week but I had said I am withholding payment until my S.A.R is satisfied. I DO have the payment for this week, like I ALWAYS HAVE IN THE PAST, it is safe in the bank for them. I do feel bed for expecting the worst from bayv but I have heard so many stories that I can't help it. I hope they sort this mess out as I would have been a very good customer for them who would have spent a lot of money. I just want the information sent to me A.S.A.P and then I will take it straight to C.A.B to get it checked over and if all is well then great, but I don't think it is. If BAYV are now on here officially, maybe they would like to comment on this. Thanks.

[Lefty]

I have flagged this thread to the CAG Buy as You View customer service rep. Please wait until you get a response.

 

Cheers

Lefty

[siennasmummy]

Thanks Lefty, I have waited...............................and waited but hey, no response from BAYV.

Well I have an update. I have not yet had a response from the S.A.R I sent but it has only been 2 weeks. However, I had a very nasty letter demanding the overdue balance of £252.40 within 3 days of the date on the letter or they would be repossessing my items. Still not acknowledging my concerns or the fact that I have written to Mr Clarke and put the account into dispute.

Anyway, as I was so angry, I rang customer services to see what is going on. Again, no mention of the S.A.R or anything but I managed to finally find out what the arrears are and I am very confused so please comment if you have any knowledge on this.

It seems that when I ordered my 2 extra items last October, I signed the agreements and both items were put on a 2 year agreement together and the amount I was to pay every 8 weeks was the amount I HAVE paid every 8 weeks......

However, in January of this year, somebody from BAYV altered my agreement and put the items on 2 separate agreements (without my knowledge, consent, signature etc) one item over 3 years and one item over 1 year. I asked how this could be and the rep just said we made a mistake and one item in question is only supposed to be put over 12 months so we changed them.

My payments then went up to £194 every 8 weeks apparently. Hmmmm................this all sounds very fishy can they do this? As surely the agreements I have signed no longer exist?? please help as I am thinking of just ringing up tomorrow and either paying the £252 and forget waiting for the S.A.R

[Lefty]

Thanks Lefty, I have waited...............................and waited but hey, no response from BAYV.

Well I have an update. I have not yet had a response from the S.A.R I sent but it has only been 2 weeks. However, I had a very nasty letter demanding the overdue balance of £252.40 within 3 days of the date on the letter or they would be repossessing my items. Still not acknowledging my concerns or the fact that I have written to Mr Clarke and put the account into dispute.

Anyway, as I was so angry, I rang customer services to see what is going on. Again, no mention of the S.A.R or anything but I managed to finally find out what the arrears are and I am very confused so please comment if you have any knowledge on this.

It seems that when I ordered my 2 extra items last October, I signed the agreements and both items were put on a 2 year agreement together and the amount I was to pay every 8 weeks was the amount I HAVE paid every 8 weeks......

However, in January of this year, somebody from BAYV altered my agreement and put the items on 2 separate agreements (without my knowledge, consent, signature etc) one item over 3 years and one item over 1 year. I asked how this could be and the rep just said we made a mistake and one item in question is only supposed to be put over 12 months so we changed them.

My payments then went up to £194 every 8 weeks apparently. Hmmmm................this all sounds very fishy can they do this? As surely the agreements I have signed no longer exist?? please help as I am thinking of just ringing up tomorrow and either paying the £252 and forget waiting for the S.A.R

 

Hi there.

 

I would like to apologise for the total lack of interest and concern BAYV are demonstrating lately towards CAG members.... their CUSTOMERS!!! This is currently being addressed.

 

First things first...

 

Regardless of what your BAYV account manager may tell you, he absolutely CANNOT repossess the goods from your home without either a) your signed consent or b) a county court order. He can stand and strop like a six year old girl all he likes. He can threaten to call the police. He can sing "Yankie Doodle Dandie" whilst standing on one leg, and at the same time having a rowntrees fruit pastel in his mouth, but he CANNOT enter your property to remove goods without either of the above.

 

Whilst your account is formally in dispute, and while you are waiting for BAYV to comply with your SAR request, you may (if you want to) make an interim payment of what YOU believe the correct weekly amount should be. You can offer this payment to your account manager, if he refuses it then so be it.

 

This sounds to me like another case of BAYV and RE-FINANCED AGREEMENTS... This is currently my PET gripe with BAYV. They confuse the customer, cost the customer a lot more money, and reduce the customer's statutory rights. (I am looking at challenging BAYV with a legal issue on this as an unfair contract term.... Stay tuned.)

 

Hope this helps, and once again (on behalf of the CAG site team) I apologise for the lack of response from BAYV.

 

Cheers

Lefty

[MARTIN3030]

"I am pleased to announce,that after a long time seeking it,we have approved and given sanction for BAVY to deal here in an official capacity."

 

 

While you are here.......by deal-we include that to mean in ALL complaints posted.

[BAYV]

Hi I am sorry but we have not received a request for this information. Have you got the details of the recorded delivery so I can try and trace the letter internally?

 

Thank you

 

BAYV

Ok thanks Martin, I will see if he tries to contact me again today. As of yet, I haven't had the S.A.R back or a response from Mr Clarke but they obviously received the letters, that is why the area manager is ringing. I have a feeling he is wanting to come to my house to either take my goods away before I find something sinister out or try to get money off me as this week is my payment week but I had said I am withholding payment until my S.A.R is satisfied. I DO have the payment for this week, like I ALWAYS HAVE IN THE PAST, it is safe in the bank for them. I do feel bed for expecting the worst from bayv but I have heard so many stories that I can't help it. I hope they sort this mess out as I would have been a very good customer for them who would have spent a lot of money. I just want the information sent to me A.S.A.P and then I will take it straight to C.A.B to get it checked over and if all is well then great, but I don't think it is. If BAYV are now on here officially, maybe they would like to comment on this. Thanks.

[Lefty]

Hi I am sorry but we have not received a request for this information. Have you got the details of the recorded delivery so I can try and trace the letter internally?

 

Thank you

 

BAYV

 

Or, how about?

 

"..I'm sorry, I have absolutely no idea whether or not we have received an SAR from you. However, I will be happy to speed up the process for you, and supply all the necessary paperwork you require if you contact me directly.."

 

Cheers

Lefty

[neilj99]

Fair play to you lefty you say it as it is, they are very sly and devious in what they do and they will do anything to get phone contact!! Glad you can see straight through them, they'd prob get away with murder, they get away with everything else and they have done for so long they think there untouchable well there in for a big shock

Or, how about?

 

"..I'm sorry, I have absolutely no idea whether or not we have received an SAR from you. However, I will be happy to speed up the process for you, and supply all the necessary paperwork you require if you contact me directly.."

 

Cheers

Lefty

[siennasmummy]

I'm curious to know how you can be sure you haven't received it without even knowing my name, address etc? You must have thousands of customers.

I sent the S.A.R on 16th June and I have the receipt for the £10 postal order which I shall check shortly to see if it was cashed also, I have the receipt for the recorded delivery and this has been confirmed as delivered.

So seen as you seem to know who I am, I would be very grateful if you could supply me with the information I am entitled to please and as you know, you have 40 days from the day you received the S.A.R to supply this to me.

Thank you.

[siennasmummy]

UPDATE

 

I received the information today. However, I am confused so could do with some advice please.

They have sent copies of the agreements. One of them is for the very first item I had from them and it is an exact copy of the original signed agreementl. The others are just printed ones not filled in or signed by them or me. They sent me a letter saying I should have signed copies myself but I don't.

I have a copy of the first one and I have a copy of the one from in Oct/Nov when I added the 2 other goods. Problem is, they refinanced my agreements in Jan this year without my knowledge and this has only come to my attention very recently and is the reason for the "so called" arrears.

So they have sent copies of the new agreements dated January but I have never seen these and certainly never signed them so what should I do?

The agreement in Oct had the 2 extra items on it, plus the insurances etc. My original agreement for the first item carried on as normal ( so 3 items in total. One on its own still then other 2 in one agreement) the agreement for the 2 items was over 24 months and that was the last thing I knew.

The new ones, which they did in Jan put the 2 items on separate agreements. One over 12 months and the other over 3 years. I never asked for this and never agreed to it, please can somebody advise me on what to do? I know if I ring up they will just fob me off. thanks.

[Lefty]

UPDATE

 

I received the information today. However, I am confused so could do with some advice please.

They have sent copies of the agreements. One of them is for the very first item I had from them and it is an exact copy of the original signed agreementl. The others are just printed ones not filled in or signed by them or me. They sent me a letter saying I should have signed copies myself but I don't.

I have a copy of the first one and I have a copy of the one from in Oct/Nov when I added the 2 other goods. Problem is, they refinanced my agreements in Jan this year without my knowledge and this has only come to my attention very recently and is the reason for the "so called" arrears.

So they have sent copies of the new agreements dated January but I have never seen these and certainly never signed them so what should I do?

The agreement in Oct had the 2 extra items on it, plus the insurances etc. My original agreement for the first item carried on as normal ( so 3 items in total. One on its own still then other 2 in one agreement) the agreement for the 2 items was over 24 months and that was the last thing I knew.

The new ones, which they did in Jan put the 2 items on separate agreements. One over 12 months and the other over 3 years. I never asked for this and never agreed to it, please can somebody advise me on what to do? I know if I ring up they will just fob me off. thanks.

 

Hi

 

Bottom line is, you sent a subject access request requiring ALL digital information the company had on file regarding your accounts, and NOT just copies of your agreements! Surely you also require the total amounts paid since your first agreement? You want to know when (and how much) each payment was? Up to date statements? Any indications of maunal intervention, etc?

 

Not good enough, Buy As You View!

 

Not sure what to advise at this point. I think this needs flagging (again) to the CAG Buy As You View rep, and for him to take a REAL careful look at it... What do you think?

 

Lefty