bayv advice

[micky109]

hi guys, need some advice if you can , last year my partner took out a tv from bayv as it was a small tv we took it over 52 weeks and decided to pay a little extra each week to pay it of quicker , when we though it was just about paid off we checked with bayv and according to them we still owe 91 pounds , when we queried this it seems we were not paying the extra off the tv but there insurance all sorted , on our contract it clearly states that this is 0.67 pence each week but bayv are saying its 1.44 per week ( not much i know but over 10/11 months it adds up) , on the agreement it states total wkly payment including esp/as 7.31 but bayv insist it is 8 pounds + around 8.05 p , having spoke to them its clear they think there right even though the person i spoke to didnt have a copy of the agreement with him as he asked me to send a copy of mine , at the time we took the tv out it was made clear by myself my partner the agent and the area manager who was here as it was a new account that we would pay extra to clear it quicker then after 10/11 months when we think its paid or nearly paid we find that its not and the amount left would actually take us over the agreed 52 weeks and into January/feb .. We have also taken another tv out 4 months ago at that time there was no problem , i have emailed elaine.mockler and basically told her the situation and told her that ive removed bayv right of assumed access ( not sure if thats right or not) and told her they can pick up the newer tv and meter on friday between certain times and that im keeping the tv i believe ive paid for if any thing is owed which i think there was 8 quid outstanding its in the meter along with 9/10 weeks money , i was thinking would this be miss sold hp or something along those lines , im trying to get an appointment with trading standards but its looking like next week now , thanks in advance so what i,d like to know is am i looking in the right direction ie miss sold finance or if i SAR them and the figures are different on there part of the agreement would that be fraud ,

[deano_uk]

hi, just some suggestions for you - do not send BAYV a copy of your agreement. instead do a SAR and see what info they have about you and compare the agreements. after you receive your SAR and comparing the info, you will be in more of a position to see what the problem is and hopefully sort it out.

 

if you can show there is a problem or dispute with your first HP agreement as well as showing evidence that you have tried to sort this out with BAYV, then hopefully you would also be able to claim ALL of the money you paid for your 2nd HP agreement. If BAYV do not sort this problem out, then my only suggestion is that you go the small claims track in a County Court.

 

the reason why i think you should also be able to claim back the total amount of money on your second HP agreement is ---

 

[/QThe unfair relationships provisions

 

Section 140A of the 1974 Act provides that a court may determine that the relationship between a lender and a borrower arising out of a credit agreement (or the agreement taken with any related agreement) is unfair to the borrower because of:

 

• any of the terms of the credit agreement or a related agreement
  
• the way in which the lender has exercised or enforced its rights under the credit agreement or a related agreement, or
  
• any other thing done (or not done) by or on behalf of the lender either before or after the making of the credit agreement or a related agreement.
  

The courts have a wide range of powers where a credit relationship is found to be unfair, including:

 

• altering the terms of the credit agreement or a related agreement
  
• reducing the amount payable by the borrower
  
• requiring the lender to refund money to the borrower
  
• removing any duty placed on the borrower under the agreement, and
  
• imposing requirements on the lender or an associate.
  

above quoted from: http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/CCA2006/unfair/#.ULYAnVFFZX0

[BAYV]

Dear Micky 109

 

The advice that deano uk has provided is correct

 

I will have someone from our side review you agreement details also and respond in the next 24hrs

 

Regards

 

BAYV

[micky109]

thanks for the reply deano much appreciated , ive kept copy of email sent to bayv and screen shot the facebook page reply and have no problem taking court action if needed , there's a SAR being sent tomorrow am so we,ll see whats what then , by my reckoning we have been misled at the very least , once again many thanks just needed to know where i stand on this

[deano_uk]

hello BAYV and Micky,

 

are you both happy to discuss this on an open public forum? if Micky is happy for this and is able to provide BAYV a personal message with relevant details such as agreement numbers, then there is no reason why this can not be discussed on a public forum in order for other readers to read something other than the response along the lines of: "please email elaine"

 

it would be nice to see a BAYV rep resolve this in public forum!

 

good luck micky!

[micky109]

Dear bayv you were made aware of this problem over 2 months ago and did nothing a big fat zero and so we are clear on this i will take this as far as needed and you had a further chance yesterday to sort it out and basically told me i was wrong the figures you had dont match the ones on the agreement and this was without the person on the phone having a copy of my agreement in front of them .. thanks

[micky109]

id rather it was in public tbh no problem at all

[BAYV]

Dear Deano

 

More than happy to discuss (Subject to legal requirements) any resolution both for or against the company.

 

On a general note given there are always two sides to each story a good independent way of understanding complaint levels is the following link FOS link

 

http://www.ombudsman-complaints-data.org.uk

 

We have written to the FOS to request that all businesses, regardless of exceeding 30 complaints is shown to demonstrate that along with low levels of complaints currently BAYV have none that have gone against the company and whilst as a business we do have complaints and do make mistakes we are more than happy to apologise and correct any issue brought to our attention.

 

Clearly the best answer is not to have created the issue/complaint in the first place and on this we are working to improve both our processes and training

 

Kind Regards

 

BAYV

 

 

hello BAYV and Micky,

 

are you both happy to discuss this on an open public forum? if Micky is happy for this and is able to provide BAYV a personal message with relevant details such as agreement numbers, then there is no reason why this can not be discussed on a public forum in order for other readers to read something other than the response along the lines of: "please email elaine"

 

it would be nice to see a BAYV rep resolve this in public forum!

 

good luck micky!

[leigh04]

Sorry got to laugh at bayv response, they take complaints seriously my a***, all they do is lie and say that they are right and customer is wrong all im going to say is 'buy as you view have never issued maintenance vouchers madam' funny that i got at least 7 in my paperwork box.

 

Good luck on sorting this with bayv cos usually they just pass any debt on to a dca even if its in dispute.

[BAYV]

Dear Leigh04

 

If you would like to email any outstanding complaint we would be happy to review, I suspect this may be some time back as we stopped issuing maintenance vouchers in 2006

 

As I said there are two side to each situation and so having greater transparency will highlight genuine issues and spurious ones.

 

Kind Regards

 

BAYV

 

Sorry got to laugh at bayv response, they take complaints seriously my a***, all they do is lie and say that they are right and customer is wrong all im going to say is 'buy as you view have never issued maintenance vouchers madam' funny that i got at least 7 in my paperwork box.

 

Good luck on sorting this with bayv cos usually they just pass any debt on to a dca even if its in dispute.

[leigh04]

Dear Leigh04

 

If you would like to email any outstanding complaint we would be happy to review, I suspect this may be some time back as we stopped issuing maintenance vouchers in 2006

 

As I said there are two side to each situation and so having greater transparency will highlight genuine issues and spurious ones.

 

Kind Regards

 

BAYV

 

 

At least you will admit about the maintence vouchers because every other bayv rep/customer services deny it totally i even had a manager tell me they have never had maintence vouchers so fair play to you to admit there was some at one stage.

 

Dont need to email as im dealing with it myself.

[micky109]

ill see what info comes back from the SAR they have until then to try and put this right , once ive checked that nothing has been added or amended i,ll take it from there be that court action or what ever recourse i decide on but im leaning towards the court as im fed up with there attitude in this matter

[deano_uk]

hi, hopefully this thread will give BAYV a chance to show themselves in a different light - in comparison with other threads here.

 

as you have both agreed that this can be discussed on a public forum, i hope that BAYV will be able to resolve the many issues you are having. i have a problem with a different retailer and have posted all my email communication on CAG because i felt that the retailer was ignoring me. well done to BAYV who have stated that they will try and resolve this in the forum!

[micky109]

hi guys does anyone know the person or dept and address to which i send the SAR , thanks , also just found the pre contract credit information sheet and its exactly the same as the agreement , not sure if it helps

Edited November 28, 2012 by micky109

[micky109]

ok just under 24hrs and no response from bayv , @ bayv could you please pass this on to whoever is collecting tv tomorrow , i will be videoing the collection and will require a receipt for the tv and the 10 weeks money in the meter which is exactly £162.00 , i would hate for that to go missing or any damage to occur when its being removed

[micky109]

can any one tell me what esp stand for , taking legal advise and cant seem to find it any where , thanks

[BAYV]

Dear micky109

 

EPS stands for Equipment Protection Scheme

 

Please see the link to information on our website

 

http://www.bayv.co.uk/aboutus/eps.ashx

 

Kind Regards

 

BAYV

[BAYV]

Please address to

 

Elaine Mockler

 

Buy As You View Limited

Kinksway Buildings

Bridgend Industrial Park

Bridgend

 

CF31 3RY

 

Copy Graham Clarke

 

 

I have informed Elaine that a SAR is on the way so we will prepare all the information tomorrow

 

Kind Regards

 

BAYV

 

 

 

hi guys does anyone know the person or dept and address to which i send the SAR , thanks , also just found the pre contract credit information sheet and its exactly the same as the agreement , not sure if it helps

[BAYV]

Dear micky109

 

You have agreed to have this situation disclosed in public

 

Contact records

 

Email Received from Your 27th November 2012 at 20:02 Hrs

 

Email Sent to You from Elaine Mockler 28th November 2012 at 13:03 Hrs

 

Email Receivedfrom You 29th November 2012 at 13:22 Hrs

 

Email Sent to You from Elaine Mockler 29th November 2012 at 13:48 Hrs

 

Email Received from You 29th November 2012 at 9:04 Hrs Not sure why time pre-dates other emails perhaps you system clock is wrong?

 

Happy to post content of these emails should you wish?

 

Please be assured we wish to get to the bottom of your complaint and the discrepancy you have raised.

 

 

Kind Regards

 

BAYV

 

 

 

ok just under 24hrs and no response from bayv , @ bayv could you please pass this on to whoever is collecting tv tomorrow , i will be videoing the collection and will require a receipt for the tv and the 10 weeks money in the meter which is exactly £162.00 , i would hate for that to go missing or any damage to occur when its being removed

[micky109]

then why wasnt it checked when i raised my concern with cs days ago when they rang i explained the paper work i have here says one thing and bayv say another , i was asked to send a copy to bayv as cs didnt have a copy at hand ? now that makes sense because it would be quicker for me to send it than bayv to retrieve it from them selves , so i find out something i thought i,d paid for still has money outstanding and what i was told and have on paper is wrong so im a bit p,d off to be honest , i would of expected any company be the big or small to find out what happened immediately , but i get asked to send copy to you , surely bayv should of found there copy checked it and got back to me , makes sense to me if it was a mistake or whatever happened bayv should have dealt with it before the call even came as bayv were already aware of the problem , thank you for input though very much appreciated