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    • I am trying to follow your advice in post 21 which suggests the kennels T&Cs are over ruled by the CRA As I understood it , even if the kennel felt they good reason to refuse the dog boarding, which would be a difficult point to argue , as I am unable to get the vet to confirm they said the dog “should “ be ok ,the most the kennel  would be entitled to would be reasonable admin expenses due to refusing to accept the dog . Then I read in you last post , which  to me seems a contradiction . Paragraph 3 suggests a Judge would favour the kennel and its stance ,then paragraph 4 says to deny a refund in unenforceable . Surely if to deny me a refund is unenforceable at common law , then a Judge would have to rule in my favour . So if I continue I need to be sure I am citing the correct sections of the CRA
    • To clear this up !This new ccj claim from cabot/Mortimer is  for  a bank i have no account with.And is obviously trying to make out my older debt is not statute barred.They think i will respond and start the six years all over again for a totally diferent debt. I have no debt with the bank they are claiming against me with. Do people not understand this?
    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and 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. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. 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.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
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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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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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