Buy As You View Hire Purchase Agreement

[Yellowcone]

Hi,

 

I wonder if anyone here may be able to help...

 

In February of this year I entered into an agreement with BAYV for a new TV package.

 

At the time I ordered it, I was given a copy of the Contract which both I and the sales rep for bayv signed on the day.

 

I have never missed a payment, indeed I have actually payed more than the minimum payments on each of the 8-weekly payment due dates.

 

My problem is that the first time they came to empty the coin meter and collect payment,

the amount they requested was different to the amount stated on contract.

 

My Contract quite clearly states that my weekly payment is £18.22 including all the insurances and extra warranties on the products,

but BAYV and its reps insist that their copies of the contract say the payment is £19.38.

 

I don't understand how it can be different to the amount on my copy, unless someone has forged a signature somewhere along the line,

but I'm not going to get into accusing anyone of that!

 

I know it doesn't sound like a lot of difference, but it totals another £199 over the course of the agreement,

and there doesn't seem to be a reason why!

 

I have spoken to both my sales rep and the Area Manager, who even took a copy of my agreement with him when he came to visit me a fortnight ago,

promising to get back to me once he had discovered the cause of the problem.

 

Needless to say, this hasn't happened.

 

I have phoned the customer service line, and they don't seem to have a clue what I'm talking about,

one of the people I got through to even told me to stop whigeing about 'a few pennies'!

 

My answer to which was well if it only a few pennies then the rep won't mind next time

he comes if I'm 'a few pennies' short then will he, and she hung up the phone on me.

 

It's also interesting to note that on each of the now three different payment collection dates

the amount they wanted has been slightly different..

 

. Surely a fixed weekly payment implies a constant 8 weekly payment due??

All seems very strange and I feel like I'm being ripped off.

 

This has been going on for four and a half months now,

and I'm just not sure what to do about it.

 

Noone seems to be able to answer any of my concerns, I just get empty promises and more of the same.

(they're quick enough to turn up on my doorstep when they want paying though!!!)

 

I was wondering if anyone has heard of anything similar, or has any advice as to what to do to fix the situation?

 

To be honest, with the amount of money I have already payed,

I could have bought the same products outright,

and so am really wondering whether I could cancel the agreement and give the tele back,

since they have surely breached their side of the contract by not acting within its areed terms?

 

That said, I don't really want to lose all of the money I have thus far payed... So, stalemate really!

 

Thanks for taking the time to read this, and I look forward to your advice!

[rebel11]

Hi yell

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

[BAYV]

Thank you for letting us know of your concerns. Your 8 weekly payment should remain the same as that on your agreement so if you could email me your name and address, then I will be more than happy to look into this matter for you. My email details are [email protected]

 

Yours faithfully

Linda Davies

Customer Service Director

[Yellowcone]

Hi,

 

Thanks for your reply.

 

However, I was contacted yesterday by Trading Standards in Bridgend, where this company is based,

and due to the nature of my complaint, they have decided to fully investigate the issue.

 

They seemed very concerned that BAYV are trying to charge more than my contract allows,

having been forwarded a copy of my contract and payment receipts already,

and so have asked that all my further communication with BAYV be forwarded to them.

 

Because of this, I shall not be contacting BAYV any further until advised to do so by Trading Standards.

 

I am very sorry that this situation has developed so far as it has,

but feel that after more than four months trying to get this resolved I was left with little choice but to escalate the complaint over and above BAYV's internal complaints procedures.

 

Indeed it would seem that charging someone more than they are contractually obliged to pay is actually illegal (unless they are in arrears, which I am not).

 

I suspect this is perhaps the reason why all so far at BAYV have failed to resolve the problem...

Choosing instead to adopt an "I'm not touching that one!" attitude.

 

However, BAYV contacted me yesterday, after being contacting by Trading Standards, and have assigned their own Representative to the case as well,

so fingers crossed I will have some kind of progress soon.

 

Trading Standards seem to think that in my case the goods have been seriously missold at best,

and the best thing for both BAYV and I may indeed be to cancel the contract altogether,

refund my money and return the goods to supplier.

 

However, whether this is what will actually happen remains to be seen.

 

For the good of other customers of BAYV and of those thinking of becoming customers,

I will try my best to keep this thread up to date with the latest happenings.

 

Watch this space!

Edited July 27, 2011 by Yellowcone

[raydetinu]

oh dear here we go again!

glad TS looking into this.

[magmag]

wow just been on there site what a rip off

[Lefty]

Hi

 

Yes. Please keep this thread updated with future developments. It all sounds very interesting.

 

Cheers

Lefty

[Yellowcone]

well, just a quick update for those who are watching this thread....

 

I have now been informed by my Local Trading Standards

 

after forwarding them a copy of my contract and receipts etc, that the whole package has been missold,

 

and BAYV's inability to do anything about the problem within a reasonable time frame despite repeated requests,

as well as the fact the package was supplied under different terms to what they are trying to enforce,

 

has rendered the agreement unenforceable, and so they are now in the process of helping me to legally terminate the contract,

get the TV package sent back to BAYV and

get back the money I have already paid.

 

Needless to say BAYV are less than happy about this,

and are offering their own alternative solution,

saying they are under no obligation to take back the goods

and that if I stop paying I will be taken to court

(although its interesting to note that even with all this going on,

I STILL have received absolutely NOTHING in writing from BAYV at all,

they seem to insist on doing everything over the phone???)...

 

Somehow I think most judges in the country are likely to look favourably upon a person acting under the direction

and support of Trading Standards,

 

so I have informed BAYV to start court proceedings if they wish! ....

 

I have stopped paying for the TV already, and informed them to come and collect it.

 

I'll have to wait and see what actually happens though.

 

Somehow I feel like I'm at the very beginning of what could be a very long road.....

 

Thanks for the advice I've already received from you guys on this site, as before I'll try to keep this thread up to date with all the latest happenings.

 

Quick note to anyone going through anything similar too.........

 

DON'T SPEAK TO COMPANIES OVER THE PHONE TO AGREE SOLUTIONS TO THESE PROBLEMS.

 

IF YOU NEED THE BACKING OF TRADING STANDARDS THEY NEED TO BE ABLE TO SEE ALL OF YOUR COMMUNICATION WITH THE COMPANY INVOLVED.

 

If you talk to them over the phone, you will not be able to prove what has been said or agreed.

 

Make them put anything they have to say, or offer, in writing so you can use it for reference later if needed.

 

Otherwise it's a bit like trying to prove something by 'he said, she said'....

 

something not many courts like to hear about, and you will be unlikely to get anywhere.

 

It is impossible to over-emphasise the importance of this.

 

If it's not down in writing, it may as well have never been said!!!

 

This is exactly what I have told BAYV I expect to be done, and they still have not listened..

 

. I have not received a single letter, E-mail or otherwise in regards to this problem.

 

None the less, I have done everything I legally need to do to protect myself from these cowboys,

and shall continue to insist on correspondence in writing only.

 

If they don't do it, it's only themselves they are harming, since officially I will have received no response from them at all until they do!

[Lefty]

If these rent-to-own Hire Purchase companies (and I don't just mean Buy As You View) want to come out from the shadows, and play nice with other high street retailers, then they have GOT to start playing by the rules..! No more "under the radar" shady deals, no more "making up their own unfair terms and conditions", and no more exploiting people desperate for a "bit of tick" (and I'm not implying you fall into that bracket, OP)...

 

These companies have operated unchallenged for too long now, and - as they are currently experiencing increased revenues due to a crippling recession - they all want to be seen as "cool" and "respectable" household brands all of a sudden...

 

So, instead of over-spending on advertising and PR budgets - let's get the basics right first! Start from the bottom UP - and NOT from the top DOWN! These companies have GOT to start seeing people as CUSTOMERS...

 

Yes, OP. You are absolutely right with your opinion. They also need to learn to write as well!

 

Lefty

 

[SURFBOY]

And you could allways record any telephone conversation with them.

[Yellowcone]

And you could allways record any telephone conversation with them.

 

indeed, I did so.....

 

 

And one final update for you all....

 

I was called this morning by a very helpful Gentleman called Ian Tollerfield, who I understand is the West Midlands Regional Manager who gave me an official apology, cannot believe the way I have been treated, and is coming personally to my house tomorrow to collect all their goods, cancel my contracts and sort out a refund of all the money I have paid so far.

 

I am only sad that the situation was allowed to develop so far before anyone at the company took any notice, but must admit that at least I cannot complain about Mr Tollerfield, who simply could not do enough to help me. He seemed as disillusioned as I did with the company, and seemed genuinely caring about the issues I have had.

 

In actual fact, despite the fact that I am legally entitled to pursue the return of all my money, I have actually decided not to.I don't have bad credit or anything, and can get credit elsewhere, and despite them being more expensive, I liked the idea having a more personal approach from Buy As You View. (How wrong I was!!!) I am happy to accept the cancellation of the contracts and the return of their goods as an end to the matter, deciding instead to just learn from this encounter, and NEVER purchase from BAYV or any similar outlets again. Needless to say, next time I will be buying a tele from Comet or similar instead!

 

So in one last word of advice for anyone going through anything similar, I would say that the law is on your side... Just know your rights and don't be bullied. It's easy to forget that a Hire Purchase agreement is legal and binding for BOTH parties, and if it gets broken by the other party you have the right to cancel with immediate effect, and without penalty. These companies (and I don't just mean BAYV) do understand this, they just are naturally reluctant to admit defeat unless they have no choice.

 

It seems to me that the involvement of Trading Standards in this case was the tipping point...

 

None the less, it seems I am finally at the end of the battle with them! Woohoo!

[raydetinu]

good nnews; just need the money now and get the contracts cancelled in writing.