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    • What advice would you give about Amex. Should i set up a payment plan directly with them or wait until they contact me. I have not had any letters from amex for 1 year and NCO have only contacted me in the last few weeks. Many thanks for your help. Just to mention my only income is the state pension.
    • Okay. Thanks. Nice piece of research. You should come and volunteer for us a bit if you get fed up with your day job stop The recipient is clearly in a position of trust. I wonder if he is self-employed or an employee. Let's assume that all of the consumables/perishables which were included in the parcel are no longer available. That leaves you with the WMF cutlery set which is presumably what you really want. I'm wondering whether you should start to correspond with him directly by letter to his home and also copies to his work address. I think if you made it plain that you know all about him and where he is and that you are prepared to escalate this matter even to the point that his employers might discover what has happened, you could find that there would be an agreement whereby he would return what is left of your parcel to DHL. You could then take up the question of the value of the missing items – the loss of which can clearly be compensated by a pecuniary award – with DHL. You wouldn't be able to guarantee success – but you could have some fun – and we would help you. If it failed then you could still proceed against DHL as I've already described. An advantage is that this approach really wouldn't cost you very much other than some damage to your Karma – but I dare say you could find some interesting outlet for that. It seems fairly clear that this person has acted with intent to deprive you of these items. Does that give you enough of the – grudge factor – to pursue this?  
    • If it's with debt recovery, you can ignore them. As we've said, you only respond to a Letter Before Claim/Action.   HB
    • Sorry I didn't mean to come across like that. My bad.  I definitely appreciate the time.  I will go through it again, but I have no documentation, no yellow slips, no letters, nothing.. all binned... Because as far as I am aware, these people write their own laws, so I write my own too, just tell them to f off.  I will read over them all but not sure how trying to clear up some ntk slips now will do anything, it's all been passed to debt recovery, I think anyway, because I never answer unknown calls.  Anyway sorry I have gone on... Maybe we should close this here. 
    • Conversion is a tort – and references to it are contained in the Torts (Interference with Goods) Act. Generally speaking if you sue in contract or negligence then you wouldn't be getting your goods back. You would simply be getting financial compensation. That's the way the courts work. The basic premise is that everything can be compensated by a payment of money. When we deal with special values such as sentimental/expectation losses then you have to reassess. However, if you are simply concerned with the replacement value then we would simply be talking about money. The idea of suing in any kind of tort whether it is the tort of conversion or the tort of negligence is to put you back into the position that you would have been if the tort had never occurred. Returning you to your pre-incident position is generally considered to be putting you into that position in terms of monetary value. So if you run into someone's car and cause £500 with the damage – then you are entitled to recover £500 and that puts you into the position you would have been if the accident never occurred. If you suffer the loss of something that has a particular value to you which may not be of value to anyone else – then things get much more complicated – especially if you're suing  in contract or in negligence because generally speaking remedies are assessed on a replacement market value.  A sentimental item may be worth very little on the market and couldn't be replaced simply by finding out the going rate on eBay or in the shops, for instance. If you are  suing in conversion then the natural remedy to be awarded by the courts is an order for the return of the items. Of course you face additional complications if the items have been sold on or damaged. I have to say it seems to me that you are better off not having your German chocolates. There are much better ones around – but that  is a matter for you. Of course, everything I said in my much earlier post about the disadvantages of suing the actual recipient still stand and in fact if you did sue that person, it would be in the tort of conversion. Basically you would be saying that that person has usurped the rights of owner. They have converted your property into their's. (We talking about ownership/title here). I hope you understand how messy it would be to have to sue the alleged tortfeasor in Liverpool and if you are simply prepared to go with replacement values – even if we can enhance the value because of the special value to you, by suing DHL – how much easier it would be. It's good news that DHL apparently carry items up to €500 – and also good news that the value wasn't declared. This means that they would not be able later on to try and argue that because the original contract with the sender was based on a £200 declared value – or a £200 German statutory maximum, that you wouldn't be entitled to claim anything more. We would have been able to overcome that – and of course at the end of the day if they put their hands up to £200 then they would be really stupid to start putting their heels in for an extra £ton. Of course I'm sure that you would like to go for the recipient. It would be very satisfying – but there would be considerable risk factors in terms of the economic risk  I have explained in my earlier post. It's up to you. We will help you do either – but if you want a quick resolution to this then as I have already said, DHL is your target. Of course you could then hope that DHL will challenge the recipient and attack them – but that will never happen. DHL want a quiet life and just get on with business and making money – which isn't altogether unreasonable. If you sued the recipient, then if you are able to establish dishonesty on their part then they could be a question of punitive damages – but I would have to look that up. I think we would then have to think about suing that person in trespass which carries with it the sense of not only having usurped rights of owner but also having delivered an insult to the true owner by deliberately interfering with their goods. You would have to establish the dishonesty of the recipient which would be another complicating factor – although the fact that you have attempted to contact them and they haven't responded and they have blocked your messages will be extremely helpful. Also if it came to court and they had to admit that they had eaten your dog treats and fed your German chocolates to the dog, it wouldn't go down well and the judge would be disposed to award you some punitive damages – but it probably wouldn't be more than 300 or 400 quid, I would have thought – and of course at the end of the day you still have all the problems of enforcement. I'm afraid people often know lots about their rights and about how to assert their rights – but they never think about enforcing their rights. You will find this to be the case where the you go to Resolver, or citizens advice – or most other agencies.  
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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:


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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

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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

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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?


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

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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.

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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..

 

 

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

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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

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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)


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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

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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...

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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.

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Ok

 

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


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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

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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

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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

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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

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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.

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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:

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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

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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

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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

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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

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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?

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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

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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 :)

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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

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