Jump to content


  • Tweets

  • Posts

    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2407 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I completely understand how you feel, all depends wether they have another low life available. Suppose they have plenty really, just the availability in question really,lol :lol:


If I have been helpful please tickle my scales or better still contribute to CAG.

Share this post


Link to post
Share on other sites

Lol

still no phone call yet.

i have emailed elaine to take payment but no phone call or email as of yet..

I doubt ill get it back today now

xx

Share this post


Link to post
Share on other sites

Hi all

had a phone call of buy as you view to take payment.

Payment has been taken and my TV will be being returned tomorrow (they cant tell me what time but they say i will get a phone call an hour before they deliver it.

I then need to carry on making my £13 a week payments to them.

 

Hopefully it will be all sorted now!

Thanks All

xx

Share this post


Link to post
Share on other sites

Hi Rebecca1992

 

Some of this just doesn't sit right with me.

 

1. The friend that waited in and then signed that document were your personal details on that document at all even if it was you account number with them?

 

2. There Rep accused you of fiddling with the TV so what Photographic evidence and written evidence have they provided to back up this claim?


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

Hi Stu007

the document had written in pen or pencil the date, my account number and name and address. that is all, it was just a pink piece of paper with buy as you view printed on it and collection by consent/termination ticket printed on. then there were boxes that should have different things wrote in it. No details printed on it if thats what you mean?

 

They have no evidence photographic or otherwise as it was never done just "word of mouth" apparently.

Share this post


Link to post
Share on other sites

So what you are saying is that they unlawfully took your tv and held you to ransom. You fell for it and are happy with what they did.


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

:D

Share this post


Link to post
Share on other sites

Im not exactly happy with that, but i am happy im getting my tv back and not flushing £800 down the drain.

Share this post


Link to post
Share on other sites

Pleas re-read what i wrote. You had your items, in effect, stolen from you. THey then held you to ransom/blackmailed you, and you fell for it hook line and sinker and seem to be content with what they did.


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

:D

Share this post


Link to post
Share on other sites

Ok

 

1. You did not give them any permission to collect anything by Consent/Termination

 

2. You did not give them any permission to reveal your personal data to your friend in signing that document.

 

3. You were accused of Tampering with their property without any proof either photographic or written (remember this is not even written of the consent/termination document they made your friend sign why)


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

I agree

i pretty much did and i wish i didnt have to.

yes they took the tv but i wasnt around to prevent this, I was told until i paid what was owed i couldnt have the tv, so in a way this is a form of blackmail. but unless i paid for it i would have lost the TV.

 

I didnt see any other choice...

Share this post


Link to post
Share on other sites

yes i DID NOT give them permission to take this TV

i did not give them permission to reveal my personal details to my friend, yes he already knew my personal details, but that isnt the point.

and yes i was accused of this and it was never mentioned in the termination ticket.

 

I am guessing they never mentioned it in the termination ticket because it never happened and they wanted something to try and "get the ball in there court" they were in the wrong and wanted to make everything ok again by lying.

Share this post


Link to post
Share on other sites

Ok

 

In your discussions to resolve this is what you agreed to recorded/emailed or being sent in writing to you?


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

Ive had several emails from a member of staff.

One where i asked if the insurance where compulsory and if i could have them taken off to which i was told no and they are compulsory

another when i asked if as i couldnt have the insurances removed from my account if i could reduce my weekly payments to which i was told i would have to have a "fresh start" put on my account where i pay lower amounts over a longer period.

Another where i said i no longer wanted to be a BAYV customer and was there any possible way instead of continuing to pay for the TV if i could use the £800 to pay for another TV refurbished or not to replace it and cut my ties with the company which i was told wasnt possible

Another where i asked why a court order wasnt used to take the Tv to which i was told they had permission (my friend) and that it is " Buy As You View is a Hire Purchase Company and the terms of the Hire Purchase Agreement is that the goods remain the property of BAYV until the final payment is made"

 

I have letters from them (my agreement, the consent to remove and a few receipts)

Thats about it, i have no statements or anything

 

Im not sure if this is what you meant?

Rebecca

Share this post


Link to post
Share on other sites

I still dont know why you are believing BAYV. They have conned/tricked you, you fell for it completely, yet you still think they are in the right. By now, most people would have send a full complaint letter, started claiming back the insurances, and would contemplate legal action as well as complaints to the regulators.

 

You seem to be happy simply because after ALL they have done to you, they say they will give the TV back.


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

:D

Share this post


Link to post
Share on other sites

Ok so you have paid £888.00. up to date means £712.00.left to pay all for a Tv thats sells new for £440.00

Share this post


Link to post
Share on other sites

Yes that is correct matt v atos, if there was a way to cancel i would have

Also renegadeimp I have already sent a full complaint letter to head office, I have attempted to claim back insurance but was told it wasnt possible, that doesnt mean im not going to try again, as soon as i have the TV back i will carry on pushing for the insurance.

I have also contacted my local CAB and have made an appointment to see them on Monday 13th when they are open to talk about legal action. I am by no means letting this slide. Yes i am happy to get my TV back tomorrow as it is a step in the right direction but that doesnt mean im not disgusted by the way i have been treated and that doesnt mean I am going to sit back and simply wait for my TV to be paid off. I am going to carry on trying for the insurances and I also want those responsible for wrong doing me to suffer in some kind of way.

Share this post


Link to post
Share on other sites
Yes that is correct matt v atos, if there was a way to cancel i would have

Also renegadeimp I have already sent a full complaint letter to head office, I have attempted to claim back insurance but was told it wasnt possible, that doesnt mean im not going to try again, as soon as i have the TV back i will carry on pushing for the insurance.

I have also contacted my local CAB and have made an appointment to see them on Monday 13th when they are open to talk about legal action. I am by no means letting this slide. Yes i am happy to get my TV back tomorrow as it is a step in the right direction but that doesnt mean im not disgusted by the way i have been treated and that doesnt mean I am going to sit back and simply wait for my TV to be paid off. I am going to carry on trying for the insurances and I also want those responsible for wrong doing me to suffer in some kind of way.

 

Good for you I am getting angry reading this stuff :mad2:

Share this post


Link to post
Share on other sites

It makes me angry also but it is a catch 22 situation at the moment as until the TV is back in my possession they can at any moment "bring an end to the agreement" there words not mine. so until i have the TV there is very little I can do.

x

Share this post


Link to post
Share on other sites

What you were told by BAYV and what is legal and reality are two wholly different things. We keep telling you that. You need to keep the pressure on them and report them to the regulators if they refuse to follow the law.

 

You NEED to stop believing what they tell you. We have already told you that they are acting unlawfully and borderline blackmailing you, but you still think it is right that they are able to do that. Before we are able to help you, you NEED to ignore what BAYV says and do what the law says. This is how BAYV operate. They lie and mislead people into thinking they are right and the law is wrong.


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

:D

Share this post


Link to post
Share on other sites

I dont believe them for a second. What would you suggest my next course of action should be?

I will start listening to you and not them, Im just not sure what to do next

Share this post


Link to post
Share on other sites

You need to start reclaiming that insurance for a start. I'm sure someone can help you with that. Regarding the complaint, you need to make sure it is specifically worded and if possible quote certain regulations, and demand they tell you which law states that insurances are compulsory on HP. They will try and ignore or mislead you, because thats how BAYV operate, as well as other "buy now, pay later" firms.

 

The main thing is you need to stop backing down and believing them, as they WILL start threatening you and pressuring you. Theres very little point in sending in a complaint or reclaiming the insurances if you simply don't have the resolve to stand up to them and tell THEM what is going to happen, and not let them tell you, which is how it's been for you.

  • Confused 1

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

:D

Share this post


Link to post
Share on other sites

Ok so if i research on the internet regulations and put together a rough letter if i post it on here will you read it to make sure its worded properly, i wouldnt have the first idea where to start. I am going CAB on Monday so if i take my HP Agreements and letters with the insurance details ans a print off of the emails which say its compulsory should they be able to guide me in the right direction.

I can deal with them being threatening and pushy as long as they dont send people round to my house, im not good with face to face confrontation. this wont happen will it?

Share this post


Link to post
Share on other sites

If you want to put a letter together, we can proof read. Just understand that BAYV read these forums, so it is a good idea not to include any personal info when you post it up here.

 

IF anyone comes to your house that you dont want there, dont open the door, just talk through a window and tell them to leave or you will call the police.

 

Have a read of http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members


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

:D

Share this post


Link to post
Share on other sites

No problem I wont.

Thanks for your help.

Ill sit down and structure one tonight and post it on in the morning, least the reading up on regulations will help me in the long run. I start a Bachelors of Laws Honours degree in October :)

Share this post


Link to post
Share on other sites

You are going to be very surprised by what is actual law and fact, and what BAYV have been telling you.


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

:D

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...