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    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
    • According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.
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BAYV threaten to report goods as stolen on issued direct debit from 9 days ago*RESOLVED*


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Hi

 

I'm currently on maternity leave and has to hand my phone into the office

- this has meant someone else having my usual mobile phone for the last month!

 

Today as recorded a text looking for me and threatening to report the goods stolen to police if I didn't call him by tomorrow morning.

 

I have actually missed my direct debit this month which I know is my responsibility

- payment comes out on 1st every month and this is the first month I have missed it

(my last payment is July 2014 so I'm a fair way into my contract).

 

I will probably not be in a position now to bring the payments up to date now until 20th (next Friday)

and I have never been behind or missed a dd before with BAYV.

 

I am disturbed however that they can contact the police to say I have stolen goods?!?!

 

Another thing - I moved house a year ago. Was I supposed to inform

Them as he mentioned this to my colleague too.

 

Thanks for your help.

 

Just want to get it resolved now but it's also got the added embarrassment of my work now being aware

that I am in potential financial difficulties and have people chasing for money.

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well you cant really blame Bayv for ringing that mobile

they didn't know it was a works mobile.

 

however as for the police issue

 

its a civil matter nothing to do with them

 

if you've got the msg then the OFT/TS wold love tohear it I bet.

 

std practice mind by these companies

its a threat that holds no water anyhow.

 

as for payment.

 

not being charged theircompulsory insurances are you...

 

you don't need them and they can be reclaimed with interest.

 

so's you prob owe nowt.!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes I am paying the insurances actually.... Was told by the account manager that because I couldn't provide a copy if my house insurance, that I couldn't have the goods without it!!

 

How do you go about claiming it back?

 

Yes I appreciate that's the number they had for me but it's just the nature of the text "contact me or else I'm going to the police"!

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yes well their 'collection' staff will use any tactic...even if they themselves don't know the law...urmm...

 

if you click the blue brighthouse bit right up the top

you'll be on this bh forum homepage

scroll down.

 

lots of threads there to read on reclaiming

 

basically, you need to know

 

the dates and amounts

and

their interest rates.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

Please keep that text safe and forward it to as many other phones you have to keep it safe. This practice is intimidatory and as such this needs to be reported to Trading Standards. The police will NOT get involved in a civil matter except to keep the piece.

 

As it happens BAYV come on this forum but I would suggest if they ask you not to post, ignore them

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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ideally you should yes.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just a word of warning. BAYV once reported me to the police saying I had stolen goods (even though I told them I moved and they never sent a collector out) and I was on bail for 6 months even though BAYV had absolutely no evidence.

:cool::cool: Blondmusic :cool::cool:
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Just a word of warning. BAYV once reported me to the police saying I had stolen goods (even though I told them I moved and they never sent a collector out) and I was on bail for 6 months even though BAYV had absolutely no evidence.

 

Can they actually just do that?! Just call the police and say you have stolen goods?

 

I'm just really surprised that this has happened today to be honest. As I say, I have never missed a payment before and for them to say they are going to the police when a payment is 9 days late, I just find that unbelievable. I am

Also 2/3 the way through my agreement so from reading the other posts on here, that makes some kind of a difference?

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Yes I am paying the insurances actually.... Was told by the account manager that because I couldn't provide a copy if my house insurance, that I couldn't have the goods without it!!

 

How do you go about claiming it back?

 

Yes I appreciate that's the number they had for me but it's just the nature of the text "contact me or else I'm going to the police"!

 

Under the Data Protection Act they should have discussed nothing about the account to any one who answered the phone. The most that they could have requested was your current contact details. If they mentioned that you missed a payment to whoever answered the phone or even said you had an account with them, they have contravened the Data Protection Act and it can have consequences for them.

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It was actually a text message (in response to his) - my colleague responded and said that I was on maternity leave and that phone wasn't being used by me, and I believe she offered to get contact details for them to contact me direct. He responded saying "it appears she has moved house without informing us, I called twice by no answer".

 

I spoke to the Area Manager today and he is accepting my payment next week. His explanation was that the guy working the area I live in at the moment isn't usually on that patch so doesn't know the customers etc. Said he would speak to him about the texts etc. Just relieved that it's sorted to be honest... hopefully I won't be getting any other hassle.

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Either way they had no right to try to threaten and pressurise you by telling you they would report the goods as stolen to the police. IMHO you should be informing the police that BAYV are using threats against you which involves the police and in addition mention this to the regional manager. A letter to the local Police Commissioner should suffice.

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Dear Newcastle48

 

Given the seriousness of this complaint I would ask that you contact either myself or Elaine Mockler direct on either

 

graham.clarke@bayv.co.uk or

elaine.mockler@bayv.co.uk

 

Unfortunately I am unable to comment on certain specific information on this open forum,

 

however for clarity what I can confirm is I in no way tolerate this type of alleged behaviour

and will dismiss any employee who is proven to have acted in this way.

 

However I am sure as you can appreciate this matter must first be investigated

and supporting evidence provided (Copy) to allow the correct outcome.

 

In addition as with every complaint,

as mentioned by the site team here,

you have the right to raise this matter with the any relevant body

and indeed this is quite often an good way to ensure a correct resolution to any complaint.

 

Kind Regards

 

Graham Clarke

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His explanation was that the guy working the area I live in at the moment isn't usually on that patch so doesn't know the customers

 

 

Yes, it is serious and I see no mention of a reprimand. Is this language company policy? it's certainly not a one off going by the threads on here.

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Can they actually just do that?! Just call the police and say you have stolen goods?

 

I'm just really surprised that this has happened today to be honest. As I say, I have never missed a payment before and for them to say they are going to the police when a payment is 9 days late, I just find that unbelievable. I am

Also 2/3 the way through my agreement so from reading the other posts on here, that makes some kind of a difference?

 

Yes they did that to me around 6 years ago. Police wanted me to accept a caution despite the fact BAYV had absolutely no evidence. My solicitor told me to refuse the caution. A few weeks later the police dropped the case but for 6 months BAYV kept telling the police they would provide evidence.

 

After all that I wrote to BAYV by recorded delivery a total of 7 times but they only replied once. I ended up contacting the FOS and they had the same problem trying to get BAYV to reply to them. In the end the FOS got BAYV to write the debt off as a full and final settlement of my complaint.

 

A few years later BAYV 'sold' my alleged debt (that was written off) to an aggressive debt collection company. After getting no joy from BAYV I had to contact the FOS again who managed to sort it out. I still have all the letters I sent BAYV and I have the letter off the FOS saying the debt has been written off. Good job I've kept all that.

 

BAYV are a complete nightmare and they are best avoided.

:cool::cool: Blondmusic :cool::cool:
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Sadly, threatening to involve the police & involving the police

appears pretty much std practice across the country.

lots of threads here relate to such.

 

that intimates, at some point, countrywide training to involve them?

 

lets hope things have now changed.

 

in particular this thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309656-Police-arrest-customer-to-allow-Buy-As-You-View-to-seize-goods

 

which sadly went dead

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I contacted Graham (CEO Buy As You View) as requested above. I'm pleased to say he has dealt with this really quickly and has offered to write off the outstanding balance as compensation!!

 

I don't agree obviously that police threats etc. should happen, but I'm very pleased that my situation is resolved.

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He probably didnt want the negative press. Id flag it up regardless.

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 contacted Graham (CEO Buy As You View) as requested above. I'm pleased to say he has dealt with this really quickly and has offered to write off the outstanding balance as compensation!!

 

I don't agree obviously that police threats etc. should happen, but I'm very pleased that my situation is resolved.

 

Good to see that Graham has resolved this for you.

 

Seeing as you are on first name terms with the CEO (he refuses to reply in my thread which also a harassment complaint) maybe you should make a claim for the insurances you have already paid to BAYV?

 

Hopefully, Graham himself will be able to assist you in this. If not, I am sure others on this website can help you reclaim your insurance money from BAYV.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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I contacted Graham (CEO Buy As You View) as requested above. I'm pleased to say he has dealt with this really quickly and has offered to write off the outstanding balance as compensation!!

 

I don't agree obviously that police threats etc. should happen, but I'm very pleased that my situation is resolved.

 

Well done. As a guideline to others, what amount was written off?

 

If you don't want to put it on open forum, say so and I will PM you (as you can't yet) or just tell me to keep my busybody nose out :lol:

 

II will mark your thread resolved

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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