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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 
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    • 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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Police arrest customer to allow Buy As You View to seize goods


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Subbing. Lefty - some great work going on here.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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intrestingly theres a rather high value mystery shopping assigment offered to partner to do with a rent to own store, in which a covert camera will be supplied.

 

its been declined due to family holiday but coincidence?

 

just re-read email its definatly bayv

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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intrestingly theres a rather high value mystery shopping assigment offered to partner to do with a rent to own store, in which a covert camera will be supplied.

 

its been declined due to family holiday but coincidence?

 

just re-read email its definatly bayv

 

That is VERY interesting, labrat! Are you absolutely sure it's BAYV? Remember, the company doesn't actually have any retail outlets - everything is done in the customer's own home? Would be really grateful if you could PM me with more details.... ?

 

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...

 

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intrestingly theres a rather high value mystery shopping assigment offered to partner to do with a rent to own store, in which a covert camera will be supplied.

 

its been declined due to family holiday but coincidence?

 

just re-read email its definatly bayv

 

Ooh, which mystery shopping company is this? (PM Me if you don't want to reveal too much publicly.)

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details pm'd to lefty

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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details pm'd to lefty

 

Gold Dust! Brilliant! Thanks!

 

I have been convinced for some time now that BAYV really DO want to clean up their image, and improve their customer service... (well,at director level anyhow...)

 

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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no worries away for a while now tho so cant help much more

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Things are still moving ahead behind the scenes, and I expect a conclusion to this thread over the next couple of days... Stay tuned...

 

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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If the collector never had a warrant from the court and the police allowed him to enter the OP's residence without the OP's permission then a felony or criminal act occurred as basically it is "breaking and entering" although the "breaking" part never occurred. I am of the opinion that a criminal offence sanctioned by the police occurred

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***************************** UPDATE ***********************

hi all,

 

sorry there hasent been any updates from myself, yesterday was the first time bayv contacted me in the last 3-4 weeks, anyway

 

i had a meeting last week with the police, although the report is not out yet they've addmitted they were wrong, basically they never should have been at my property and all action taken against me was unfair, the officer who told me this works for the profesional standards dept and he will be completiong the report hopefully i should have it by the end of the week, if not next week. he also told me to go and speak to a solicitor regarding compenstation as i should be awarded some. he also said he still needed to speak with bayv, and will let them know not only did the police act unlawfully bayv did too.

 

i told him about linda davies waiting for the police report before tacking any action, he said its a load of "crap", basically he thinks" bayv hope i give up".

 

so afdter speaking with the police i phoned bayv to speak with linda davies, she was'nt in at the time and rep said she will phone me when shes back in the office, this was last tuesday, anyway she phoned yesterday, they have completed all what they needed to do and asked if it was ok for a manager to come and speak with me regrading what i wanted to do next, i did say over the phone i want all money paid back under the agreement, "she said we dont offer REFUNDS" eh? anyway we agreed to meet tomarrow and my home,

 

truthfully i dont think anyone will come,

any advice you can give me about meeting would be much appreicated.

 

thanks to all will keep you updated as soon as i know more

 

chris

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maybe not refunds, but certainly a large amount of compensation! or see you in court.

dont forget to mention the police report confirming that BAYV acted illegally.

Ask for everything and let them decline or propse a settlement.

Put the ball firmly in their court. ( so to speak )

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Hi Chrisyb1984 - thanks for the update.

 

Sounds like you've had some very constructive dialog with the police, and you should certainly take matters further. Regardless of any alleged civil issues in this case (your agreement/contract with BAYV) anyone with half a brain can see that the police were well and truly in the wrong, and should be made accountable for their actions.

 

...But this still leaves the issue of BAYV and THEIR part in all of this. BAYV not only acted unlawfully, they acted ILLEGALLY!

 

I can confirm that an internal enquiry has taken place, and I have received regular (private) updates from the company's marketing director regarding the progress of it. I can also confirm that an important development has taken place today concerning the management chain involved. However, as the marketing director is now on annual leave, and the fellow director looking after his workload has chosen to ignore my emails today, I am unable to comment any further. (I gave my word to keep all information confidential until the outcome of the enquiry, so as not to jeopardise any possible outcome, or to identify any persons involved.)

 

But I would say, at this point, that YOU very much have the upper hand. By all means have a meeting with BAYV and hear what they have to say. I would strongly recommend not rushing into any agreement. Tell them you'd like a few days to think things over. And certainly don't sign anything!

 

As for, "not issuing refunds"... What an absolutely ridiculous and "jobsworth" attitude to take for a senior director! Frankly I am appalled at such a comment. Considering this whole thing came about due to confusion with re-financed agreements (and after having made payments for well over a year), the ABSOLUTE MINIMUM offer I would expect should be a full refund of ALL payments made on the agreement.

 

Whatever you do, don't fall for a battered old 32" refurbished telly as a gesture of goodwill! ;)

 

As I have stated earlier in this thread, BAYV have over-stepped the mark by a MILE on this one - and BOY do they know it!

 

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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Hey lefty,

 

Forgive me if i am wrong but as for not refunding all monies, i thought they would have to under the repossession rights of the CCA 1974

 

Which states that if they do take back the goods without a court order, you have a right to claim back all money paid under the agreement.

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Hey lefty,

 

Forgive me if i am wrong but as for not refunding all monies, i thought they would have to under the repossession rights of the CCA 1974

 

Which states that if they do take back the goods without a court order, you have a right to claim back all money paid under the agreement.

 

Hi.

 

Yes, that it quite correct... However, that only really applies if the goods are of protected status (ie: more than one third of the total paid)... And, one could argue, that was the case in this situation.... because the goods had been re-financed...

 

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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Looks like they're either late in visiting or "technical issues" are hampering an update :p

 

Either way, I'd say it would be a good idea to record any conversation, but do not accept anything without consulting Lefty.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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Quick Update

Bayv manager visited me this morning and offered my goods back ON THE SAME TERMS AS BEFORE PLUS £100 comp. i quickly said no and i wanted nothing more to do nwith Bayv he then offered me the dining table back as compensation i told him i would be taking advice { i have no intention of accepting and would rather go to court} he said dont take too much notice of CAG as they are Biased AT THIS POINT I NEARLY FELL OVER LAUGHING AND THEY BLAMED THE POLICE FOR LETTING THEM INTO MY HOME.Also the rep is no longer working for them { as if that makes a difference to me }

Regards

Chris

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You did the right thing refusing their offer and I bet they are nwo concerned, but don't forget they are monitoring this thread so be very careful what you say in public. Lefty will work towards getting it sorted with a nice compensation package for you.

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dont bank on it!!

We all know things go wrong but its how its handled to sort it out thats important; how quickly; how appologetic; how they compensate you.

I would ask them to put everything in writing before you even consider it! do not commit or respond to any verbal offer.

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Quick Update

Bayv manager visited me this morning and offered my goods back ON THE SAME TERMS AS BEFORE PLUS £100 comp. i quickly said no and i wanted nothing more to do nwith Bayv he then offered me the dining table back as compensation i told him i would be taking advice { i have no intention of accepting and would rather go to court} he said dont take too much notice of CAG as they are Biased AT THIS POINT I NEARLY FELL OVER LAUGHING AND THEY BLAMED THE POLICE FOR LETTING THEM INTO MY HOME.Also the rep is no longer working for them { as if that makes a difference to me }

Regards

Chris

 

Do they really think £100.00 and continuing as their customer on same terms is okay, I see it as derisory. So they with no warrant get into anyones house and think they will be so so desperate for 100.00 that they will snap their hands off and forget all the embaresment and distress!!!!!!!!

 

Cag is not biased, and nor is a court, but a court will gain publicity that will let others know what they are capable of. I would also let them police know that they are blaming them because you said the police said they woudl tell them they had broken the law too, they obvously have no respect for that and instead farm it out on their employee, who forgive me worked for them and represented them.

 

I have never used this company but barge and pole come to mind, dont touch them.

 

Good luck xx

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Quick Update

Bayv manager visited me this morning and offered my goods back ON THE SAME TERMS AS BEFORE PLUS £100 comp. i quickly said no and i wanted nothing more to do nwith Bayv he then offered me the dining table back as compensation i told him i would be taking advice { i have no intention of accepting and would rather go to court} he said dont take too much notice of CAG as they are Biased AT THIS POINT I NEARLY FELL OVER LAUGHING AND THEY BLAMED THE POLICE FOR LETTING THEM INTO MY HOME.Also the rep is no longer working for them { as if that makes a difference to me }

Regards

Chris

 

Here we go again - proof that nobody below senior director level at BAYV has the faintest idea how to provide satisfactory customer service... After ALL this time... This is a conclusion? Absolutely unbelievable!

 

So... It was the POLICE who were at fault, eh? It was THEIR fault for LETTING THE REP INTO YOUR HOME? And, as the REP no longer works for the company (dismissed, presumably?) Buy As You View are NOT TO BLAME? All sorted?

 

WRONG!

 

Buy As You View are VERY MUCH to blame, and absolutely MUST take responsibility for the actions of their employee! First rule of management - EVERYTHING is your fault! A half hearted (and quite frankly) PATHETIC gesture of goodwill (in the attempt to retain a customer) is an insult! And I, for one, would be refusing it outright!

 

In your private message to me earlier you mentioned that, during your meeting with Buy As You View, you were told a full refund of all payments made under the agreement was NOT AN OPTION due to you NOT HAVING PAID MORE THAN ONE THIRD OF THE TOTAL AGREEMENT. Funny how Buy As You View can apply the CCA rules when it suits them! Just in case you had forgotten, Buy As You View, there is also another section in the CCA that states a COURT ORDER is required to repossess hire purchase goods from private property!

 

Besides, the agreement had been re-financed after a year, so in actual fact you already HAD paid at least one third! Was it explained to you at the time that you were throwing away your accrued statutory rights by ordering a flipping dining table? No? Thought not!

 

OP, your next move is to ask Buy As You View to offer you an explanation, an apology, and as to how the company would like to rectify things IN WRITING! No more meetings, no more phone calls etc. WRITING ONLY.

 

Come on, Buy As You View, wake up a smell the coffee! This thread has been here for almost two months. It's been read by more than 7,000 people. Reporters from both the BBC and the Guardian have expressed interest. Type "Buy As You View" into Google, and this thread comes up on the first page! How much more does it take for you to do the right thing?

 

Finally, I take great personal issue with hearing "the CAG is biased!" The CAG site team and myself have bent over backwards to provide a fair and open forum for your company to address customer issues. Any harm done to the corporate image of Buy As You View on this website is down to Buy As You View. You have not yet resolved ONE customer complaint satisfactorily!

 

Again - First rule of management - EVERYTHING is your fault!

 

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

Thanks for your Reply Lefty i certainly agree bayv have had time enough to sort this mess out i have been patient long enough.and so it is time to crank up the pressure on bayv i will start by writing to bayv i will send it by registered post ,so they can't say it never arrived.I'm going to contact the professional standards department at cleveland police and inform the officer who is dealing with my complaint that as bayv see it ,its the police's fault they {bayv} entered my home. One thing i will say is the police have been forthright admitting their officers got it wrong.As for CAG what i think the problem bayv has is they dont like it when someone stands up for the little guy.Would you have the right address for bayv so my letter gets to the right people.

I can again only thank you for the advice and time you have put in in helping me it is greatly appreciated.

Regards

Chris

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From now on I suggest you send all information recorded to their registered Office :-

 

Buy As You View Limited

Kingsway Buildings

Bridgend Industrial Estate

Bridgend

CF31 3RY

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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