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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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In May 2012 I purchased a TV off buy as you view.

I was paying £13.00 a week every week and I have never missed a payment a

nd have always been in so they can collect the money from those black boxes.

To cut a long story short our black box broke that we put the money in 3 weeks ago so i have been unable to use the TV.

We did ring buy as you view to explain but was told we would have to tell the man when he came to collect the money.

 

I knew buy as you view were meant to be coming round yesterday

but unfortunately I miscarried yesterday morning so I had a friend sit in my house

and wait for Buy As You View whilst I was in the hospital to explain

that the black box was broken and find out another way to pay for the last 3 weeks

(there was £33 in the box and they needed another £65 which was in my bank account ready to pay)

When the guy got to my house my friend explained all of this and he said ok

well you will have to sign this piece of paper (my friend being stupid didn’t read it properly

and signed it just presuming it was a receipt of some kind)

once he had signed it the man then emptied the black box and took the TV.

 

When i returned from the hospital to find my TV taken

(bare it in mind myfriend does not live with me so how can they get her permission to remove items from MY house whilst i am not there????)

I rang BAYV and spoke to a lady who said she had never heard of this happening and would have a manager ring me within the next 24 hours....

 

24 Hours later still no phone call so I rang back and asked to be put through to a manager when I was put through to somebody called Mark.

 

I explained my problem and I asked why this had happened without my consent

and explained that it is theft to enter my property without me there and to take items without a court order to which

he told me he had every right and there was nothing i could do.

I then threatened to contact a solicitor and ring the police because again its theft

he said well my driver who collected the TV said there was a kettle wire in the back of it and that’s illegal???

 

Firstly what’s a kettle wire?

Secondly i live in the house by myself, I wouldn’t know what a kettle wire was if you waved one in front of me,

thirdly I NEVER touched the back of the TV or The black box since it was installed.

I had no need to, I always paid every penny to them every month without fail until there box broke so

I contacted them and had the money ready to pay them?

 

I also asked how much I had paid of the TV;

I had paid off £790 then the £33 they took along with the TV.

And I was told I’m not entitled to a penny of this back?

 

Why are they lying like this?

And what can I do about this?

I feel so lost and down already as it is after miscarrying yesterday I don’t need this as well.

 

Please somebody give me some advice...

Edited by citizenB
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Hi and welcome to CAG, very sorry to hear of your miscarriage.

I dont know much about baytv but im sure someone will be along with the right advice soon.

 

Do you have a copy of a contract with their T&C's on the back and does it say anything about removal.

 

Also do you have a price on it to say how much the TV cost to see what percentage you have paid in relation to its value,

i'm assuming its an agreement to buy and not just to hire.

 

Good Luck and get well soon.

Edited by boswell
typo
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Hi Thank you for your concern, it has been a difficult couple of days.

 

I do have the terms and conditions but it seems to go around the houses it mentions removal if you have an unpaid debt with the company they will send bailiffs.

 

But i dont have any debt with the company, their box broke

and i had the funds to pay but i just wasnt it the property

when i rang buy as you view i offered to pay the £65 off as it was in my account.

 

Also baliffs didnt come

it was the same man who emptys my box every month?

 

He had no court order and i wasnt given any chance to resolve this.

 

My friend explained i wasnt in and asked them to come back tomorrow when i got back from the hospital

but the man was apparently arrogant and ignored my friend before walking out, no explanation.

 

I had paid £823 of a tv package which came to £1600.

 

Yes it was an agreement to buy which makes it worse as i now have no TV and have lost £800 which i could have bought the tv with.

 

It was a 43" samsung 3d tv which values at £449 in Currys,

So i have paid double and cant do anything...

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Hello Rebecca, I have moved your thread to the correct forum. I am sure there will be caggers who are able to advise on this situation.


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I think all the experts have gone to a BBQ, tbut i'm sure they will be along shortly.

 

Had a quick google on CAB site and it says,

When can the lender repossess the goods

 

If the lender ends the agreement, for example, because you haven’t kept up with the repayments, they may be able to repossess the goods. Usually, the lender will need a court order to do this. But if you’ve paid less than one third of the total amount, they don’t need a court order. The agreement should tell you how much one third is.

 

You have paid half so he shouldnt have taken the tv, paticularly in view of you reporting the fault, and more so because of your sad misscarriage. What a nasty peice of work they are.

Have you thought about going to CAB tomorrow and did the moron leave a copy of what your friend signed.


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I am defiantly going CAB tomorrow

he did leave a copy

its a collection by consent/termination ticket

but can they get away with somebody who doesnt live in the property signing it and taking it?

 

also you can barely read whats written on it,

there is no name for the collector and he hasnt filled it in properly...

 

He has filled the top in with my name and address the date and it says signature with my friends signature???

 

Products returned section is filled in with just the word SAMSUNG.

 

Then it says please ensure all sections below are completed and all sections are signed as required.

 

SECTION 1 it says payment taken - YES Amount £33.00

SECTION 2 isnt filled in at all.

SECTION 3 - REASON (TICK ONE OPTION ONLY) is not filled in

 

They are horrible and upon ringing them they have been no help what so ever

i have been passed from pillar to post and i know this doesnt matter

but the man who has taken the tv has marked my laminate by banging the money box on the floor to detach it

and has left a big dent and scratches. Lol.

 

When i spoke to Mark the "Manager" of buy as you view

he was arrogant,

interruptive and

even shouted at me down the phone

when i asked if i could have my money back as they have taken the TV back!

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I will do that now

but I have spoken to the "Manager" of buy as you view today called MARK and he was no help and just rude.

 

Im unsure as to why he was rude or why he felt the need to tell me at the end of the call

i couldnt do anything because there is a kettle lead in it when i have never and would never mess with the back of a TV, i would probably die of electrocution.

 

All I did was put money in the meter every friday and watch the tv

and since it has been broken i have watched TV in my room.

 

I will contact her now thank you for the details

but I just want it resolving and i want to know why the man who came to collect my TV was so rude

and wouldnt wait to speak to me,

 

Its not like i planned to be in hospital and if i am perfectly honest I dont need the stress right now.

 

I Will contact Elaine now

 

Thanks Again x

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Rebecca

 

Please keep this thread updated with progress as from past history the BAYV rep fails to keep threads updated or engage directly with BAYV customers on this site apart from pushing people to the e-mail address.

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Rebecca,

I certainly hope heads roll at bayv after you have complained to them, the attitude of some of their staff stinks, particularly when dealing with someone in distress like yourself. God it makes me angry, wouldnt like to say what i would do if something like this happened to my daughter.


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That "mark" person was more thank likely another front desk rep or a basic supervisor.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I have emailed the above address but i just dont no what to do.

 

I live by myself and have a job which barely makes ends meet.

 

I now have no TV and i cant afford one at the moment,

i have a small portable one upstairs which i will bring down but for £800 you expect more.

 

I have always been the model customer, I have always paid on time,

I understand the money wasnt right there next to the TV

but i had more to worry about than going to a cash machine when I needed to go to the hospital.

 

I wish i wouldnt have gotten somebody to sit in and wait for them

which i thought would be the right thing to do

because at least then i would still have the TV

which i would have paid for twice over.

 

m not asking for much just a TV to watch and for the company to treat me with some respect.

 

After explaining what i am currently going through not one of them cared and not one of them helped me.

 

This Mark i spoke to had me on loud speaker in a car ( i could tell with back ground noise) and answered the phone Hi its Mark.

I will keep you all involved but i guess i have lost the TV and the money now and theres not much i can do...

 

I just hope this never happens to anyone else again because its so distressing

knowing a stranger can come in your house whilst your not there and take a personal belonging.

 

In my eyes that is theft.

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Hi rebecca. Theres no need to worry. They can not force their way into your house. If they did, they are risking a lengthy prison sentence, as would the directors of BAYV. If anyone comes calling, tell them through a closed window or door to leave immediately or the police will be called and they will be forcibly removed.

 

The "collectors" are nothing more than ****, and rely purely on threats and intimidation to get their own way.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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They already have renegadeimp I was in hospital and my friend opened the door and they took it, i dont owe them anything and have paid most of it off.

They are horrible and the stress on top of everything has really brought me down xx

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That's great Rebecca keep the thread updated as and when you can, but above all don't resign yourself to defeat - its not over yet. Morons.


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Im going to keep my head held high and go CAB when the doctor finally lets me off bed rest, and im going to see what i can do hopefully something can be done and if not im going to write about my experience with them every where i can to warn others that they are horrid people with no concern other than where there next pay check was coming from, i wonder how many poor people they have done this too x

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i wonder how many poor people they have done this too x

I dont think i want to know, i like to sleep at night.

Rebecca, if you do copy any correspondence on here dont forget to blank out any personal details.


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Rebecca, I have asked one of the other guys to pop in and see if they can help you out with this issue. Sadly it is not my area of expertise but watch out for dx100uk to pop in here.

 

We are all back from the BBQ now (sorry boswell, couldn't resist :lol:)


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If they walked in and took it without permission, then it is theft.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I have just received correspondence back from Elaine @bayv

 

Hi Rebecca,

 

I am so sorry you have had cause to complain, especially when your going through such a difficult time. Please be assured I will ensure you are contacted as soon as the office is open tomorrow.

 

In the meantime please don't hesitate to contact me should you need any further assistance

 

Kind regards

 

Elaine

Customer Service Director

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Yes they walked in and took it with out my permission or with out me even being aware

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We are all back from the BBQ now (sorry boswell, couldn't resist laugh.gif)

LoL, thats fine ims, would have done the same given the chance, just been trying to keep poor rebeccas spirits up, she really has had a very bad experience in more ways than one.


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