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    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
  • 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
      • 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
        • Like

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Greeting Caggers!

 

Please forgive the length of this post. However, if you have been following the recent threads starring Buy As You View you may find it quite interesting…

 

Are you sitting comfortable? Ok, then I shall begin...

 

As many of you will know, recently I have been trying to help Buy As You View with their desire to be more open and accessible to customer’s complaints and problems here on the CAG. It’s been quite a hard slog so far, but I do believe the company (at director level anyway) really does want to improve it’s level of customer service, and to be seen as a responsible and caring lender.

 

Regardless of your own opinions of Buy As You View, and any past experiences you may have had with them, you have to give them credit for taking the plunge and being the first of the rent-to-own retailers to have an official representative at the CAG. This decision would not have been made lightly by Buy As You View. They would have known they would be in for a bumpy ride.

 

Some of my own concerns, and things I hope to see openly discussed, are

 

INITIAL SALES PROCEDURES. Do new customers fully understand their agreements, and have the relevant aspects of law been explained to them—for instance early settlement rights, interest rates, their legal obligations etc.

 

INCOME AND EXPENDITURE ASSESSMENTS. What training do Buy As You View Account Managers receive in order to accomplish this? Presumably the customer must divulge sensitive, private and personal information during this process. How is this information stored, and what safeguards are in place to keep this information secure?

 

OPTIONAL SERVICE COVER. How are these optional service agreements sold? Is the customer given the choice whether or not to buy them? Do Customer Account Managers receive extra commission when selling them? Does the customer then pay INTEREST on these agreements by way of them being added to the main Hire Purchase Agreement?

 

THEFT AND ACCIDENTAL DAMAGE COVER. Pretty much as above, but is the customer made aware that only their LIABILITY under the main Hire Purchase Agreement is being insured? Do they understand there is no replacement product in the event of a successful claim?

 

TELEVISION COIN METERS. Presumably the coin meter is not part of the rental (Hire Purchase) package? Therefore, who LEGALLY owns the money once it has been put into the meter? Is it a PAYMENT method or is it a SAVINGS system? Can the customer remove or bypass the meter? If the meter is NOT a part of the rental (Hire Purchase) package, who would be held responsible for the meter (and its contents) if they were to be stolen?

 

I also understand that a coin meter will be fitted to a customers television even if the television is the customer’s own property, and NOT part of the rental (Hire Purchase) package. In this situation, is there any risk of damage to the customer’s television? Does having a coin meter fitted in any way invalidate any guarantees or warranties the television may have? In the event of insufficient credit being on the meter, is it is legal to deny the owner access to their own property, and prevent them from being able to use it?

 

ADDING EXTRA ITEMS. I am really keen to explore how customers add to items to their agreements, and how the new items are financed. Buy As You View have said:

 

The customer has a choice. They can

1. Choose a modified agreement

2. Choose a parallel agreement.

 

it is entirely up to them. We do not automatically re-finance the original agreement. The benefits of each is explained during the time of purchase and the customer can make the choice. Currently it is a 50/50 split

I would like to know that when explaining a re-financed agreement, is the customer told that, by accepted it, they are giving up their statutory rights regarding early settlement and re-possession? Is it explained to them that the goods being re-financed will then be a further 2 - 3 years down the road before they actually own them?

 

I am also curious as to what actual figure on the previous agreement is re-financed. Is it the real-term SETTLEMENT FIGURE or is it the OVERALL OUTSTANDING BALANCE? If it is the latter, is the customer advised they will be paying interest on interest, further raising the final cost of the item?

 

I accept that a re-financed agreement may well be a fair solution to a customer having accrued serious arrears on their account, and in that case Buy As You View could be considered as acting fairly. But for a customer to lose their statutory rights (and have an increased debt) just for being a REPEAT and VALUED CUSTOMER is, in my opinion, a very unfair contract term.

 

IF THINGS GO WRONG. And by that I don’t mean goods breaking down—I am sure all of that is taken care of through the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973. I am more interested in what happens if the customer has financial difficulties, and falls behind with their payments. There have been many, many cases here on the CAG where customers have reported unreasonable demands for payments, been threatened with (and in some cases been subjected to) INSTANT re-possessions (with no court order present), and even been threatened with police intervention...

 

There’s a lot of questions there, Lefty!

 

Yes, there is. And I plan to get answers to them all. However, I am somewhat disappointed with communication from Buy As You View. Over the last three weeks I have sent them 5 private messages, and 4 emails. All have been ignored. I can understand that to a point, after all I am only a representative for a highly respected self-help consumer website. I am SURE that Buy As You View wouldn’t have ignored me like that if I were actually one of their customers…

 

...So, as of TODAY I have become a customer of Buy As You View. I have ordered an [item] and look forward to meeting my customer account manager over the next 48 hours. As this meeting will be taking place in (one) of my own properties, I shall record or video the whole thing. I am looking forward to it, and genuinely hope my Buy As You View experience will be everything the company promises.

 

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!

 

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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.

Edited by Lefty
removal of potentially damaging remarks
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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 some [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.

 

Thanks for your comments and offer of support. However, I would like to stress that I absolutely do not "have it in" for Buy As You View, or any other company for that matter. I actually believe I have been very supportive of Buy As You View, and I welcome their input here at the CAG.

 

I just like to be sure of my facts (being an ex hack) and sometimes the only way to do this is through personal experience.

 

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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This reminds me of a documentary I saw on TV. This scientist had set up a razor blade to cut himself 2 mm deep and 1 cm long, and he's time how long it took his blood to coagulate. He did this daily whilst on a diet of only fish, and produced a graph that showed over the course of a couple of weeks his blood clotted less, and so lowered his risk of heart disease.

 

The sort of experiment that although not 100% clinical, gives a great insight... and also not something I'd personally do myself :p

 

Best wishes, and I look forward to updates on this thread.

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This reminds me of a documentary I saw on TV. This scientist had set up a razor blade to cut himself 2 mm deep and 1 cm long, and he's time how long it took his blood to coagulate. He did this daily whilst on a diet of only fish, and produced a graph that showed over the course of a couple of weeks his blood clotted less, and so lowered his risk of heart disease.

 

The sort of experiment that although not 100% clinical, gives a great insight... and also not something I'd personally do myself :p

 

Best wishes, and I look forward to updates on this thread.

 

I don't actually plan on using any razor blades at this point... ;)

 

I would also point out that I do not see this as an experiment, or an expose or anything. As it happens, the [item] I have ordered is something one of my properties could really do with at the moment, and I was in the market to purchase an [item] anyway. I have read really good things about Buy As You View on their website, and decided to give the company a try. It's as simple as that...

 

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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Is this a covert operation then?

MI6 would be proud!

This could run and run

CAG's own soap opera.

Looking forward to the next episode.

 

Nope. Nothing covert about it at all. And, for that matter, the CAG has had nothing to do with me chosing to become a customer of BAYV.

 

But for the benefit of the CAG I would like to learn more about the BAYV customer experience, and I am also in the market to buy an [item]. As luck would have it, BAYV can supply me with an [item] at what strikes me as a reasonable price (for a credit deal) so I have decided to kill two birds with one stone, and buy my [item] from BAYV. It really is that simple...

 

Cheers

Lefty

Edited by Lefty
clarified a point

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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I realise it is nothing to do with CAG, except you posted about it on here.

But do they know who you are ( Cag site team ) and that you will be posting your comments on here!

i.e. have you told them.

Edited by raydetinu
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I realise it is nothing to do with CAG, except you posted about it on here.

But do the know who you are ( Cag site team ) and that you will be posting your comments on here!

i.e. have you told them.

I don't actually remember saying anything about posting any comments on here. All I have said is that I want to experience first hand the BAYV customer experience. There are a lot of points (and questions) I would like answers to - see my original post. This will then assist me (as part of the CAG site team) when helping members who may be experiencing problems with BAYV.

 

I did exactly the same thing with BrightHouse a few years ago (along with two or three other CAG members) and the results can be found HERE.

 

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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I would just like to add that, since I made my original post this afternoon, Buy As You View have replied to all 5 of my private messages. (My emails still haven't been replied to though, but in all fairness they were very similar in content to my private messages.)

 

So, I have to admit that - so far - my experience as a Buy As You View customer has been very positive!

 

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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so as with Brighthouse you will post! eventually.

and if you emailed them they know who you are!, not very objective or unbiased if they know who they are dealing with.

All that Buy As You View know is that today - somewhere in England - somebody ordered an [item] and became a new customer...

 

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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All that Buy As You View know is that today - somewhere in England - somebody ordered an [item] and became a new customer...

 

Lefty

 

 

Will this new customer be buying something else he likes, further down the line?:wink:

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Well, folks! I have to say, everything is going very well so far... I have even had a few of my questions (see first post) answered... I passed my income and expenditure assessment (Yippee) and my order has been approved! Looking forward to delivery next week!

 

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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  • 3 weeks later...
I think what you are doing here Lefty is absolutely brilliant. My only concern is that to 'enjoy' the full bayv experience you would need to fall into arrears (that seems to when their award winning customer service comes to the fore)

 

Nope! Don't want to get into arrears just yet... I'll be wanting to add another item pretty soon... Very keen to learn all about re-financed agreements... ;);)

 

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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Oh no..! An important domestic appliance has just packed up... I wonder if Buy As You View can help..? I'll give my Customer Account Manager a call I think... He said to call him if I had any problems, or needed any help... Really nice guy actually... Let's see...

 

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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  • 9 months later...
We would suggest any of the site team to contact Graham Clarke to provide all the information requested then this can be posted, if required on CAG

 

Kind Regards

 

BAYV

Customer Services Team

 

I would suggest you get in touch with me. I will tell you the truth about BAYV, about how BAYV is managed and about the many scandals this company has hushed up. BAYV's credit licence will be at serious risk and a few of their regional offices will have the doors closed very soon. Mr Clarke has got a lot to hide. Didn't you have a BBC reporter interested in this company? He'll die for my story. :mad2:

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