BAYV - Data Protection Act

[veganite]

Hello,

This week a BAYV rep called at my home to speak with friends who are visiting me for a short time.

 

The BAYV rep spoke with my friend and then spoke with myself.

The BAYV rep said he would get the police to let him in the house if I did not let him in.

The BAYV rep freely discussed my friends personal business with myself as well as letting other people outside hear.

 

There was even slander - the slander was that I am a criminal and that I had just assaulted the BAYV rep!

 

I just laughed at the BAYV rep when he said this and again said to him that I am asking him to leave

and adding that everything is on CCTV, so, if he would like to make a complaint of assault

then I would have the CCTV to show that this was just a lie, made up by himself.

 

When the BAYV rep finally decided to leave,

I called one of my German Shepherds outside to underline the fact in bold that the BAYV rep would not enter my house.

 

BAYV will not confirm that they will stop their visits.

 

What is the next step I can take?

I do not mind taking this to Court etc, injunction?

 

Any help appreciated, thanks!

 

Since reading this site today, I have learnt that other people have been accused of assault by BAYV!

 

I have sent emails to BAYV requesting that they stop their visits.

 

They have replied to my emails saying that they can not confirm that they will stop the visits to my house

as they need to speak to their customer.

They have also stated that this is their final response.

[ims21]

Hi and welcome to CAG.

 

While you have given the details of this particular event, can you give the background to the matter as well please?

 

This will help the guys to help you better.

[veganite]

hello,

the background to this

- my friend purchased a TV from BAYV (was supposed to be a gift for his daughter).

 

After some weeks the TV stopped working.

No offer of repair or replacement and

i think that my friend gave up trying to get this.

So, he stopped paying for the TV.

 

What is interesting to me is how BAYV can call to my house?

The BAYV rep said he had traced the TV to my house because there is a chip in the TV set.

This is incorrect since the TV is in Bristol (my friends home) whilst my friend is in my home over 200 miles away...

 

So, BAYV lied about there being a chip in the TV set.

They also lied about getting the police to let them into my home.

They also lied saying I assaulted them....

 

Im not sure what background you need for this?

I have sent emails to BAYV and will copy them and the response here..

[ims21]

Ok thanks

 

I think that will be enough information for the time being. It does sound bizarre at first sight.

 

I am sure the guys will be along to help as soon as they are available.

[veganite]

First email sent to BAYV:

 

Hello,

 

 

Today, a staff member from your company called at my house in order to speak with a friend who is staying with me for a few weeks.

 

 

This is in relation to my friend (namely Mr. xxx) who has purchased a TV from yourselves. It is my understanding that Mr.xxx has stopped paying for the TV until such a time you either replace it or repair it.

 

 

Now, turning to your colleagues visit today.

 

 

Your colleague stated that he would phone the police if Mr. xxx would not let him into the house.

 

Your colleague then stated to me that he would phone the police if he was not let into the house.

 

 

Please note the fact that if your colleague returns to this property again, it will be myself calling the police as an emergency 999 call to request assistance in order for a breach of the peace not to be caused (by your staff member) as well as to ensure that the Protection from Harassment Act is adhered to. (It is my opinion that the actions of your colleague today is nothing other than harassment.

 

 

Further details as to why I believe your colleagues actions today is harassment is the fact that he implied he would get the police in order to let him into the property (the police have no legal basis in which to assist in letting people into property)

 

 

More concerningly, is further harassment in which your colleague said he would phone the police as I had assaulted him. I find this a preposterous allegation and nothing other than attempted intimidation.

 

 

I suggest it would be prudent of your colleague to report this matter to the Police if he believes I assaulted him. In my defence against this preposterous allegation, I would simply show evidence by way of CCTV which will clearly show that at no time any physical contact was made with your colleague.

 

 

I further suggest that should you wish to contact your customer and make arrangements for repair / replacement / refund / payment - that you contact your customer by way of letter.

 

 

If you send any people to make contact directly at this address, then I will ensure that the police are called myself to assist myself - furthermore, I will also pursue this matter through the COURT and the next communication you would receive from myself will adhere to the CIVIL PROCEDURE RULES concerning PRE ACTION PROTOCOL (practice direction).

 

 

In respect of the above, I inform you that I do not give yourselves permission to make a visit to my property. Any such visit will be treated as your failure to adhere to the Protection From Harassment Act.

 

 

The actions of your colleague today have clearly caused both alarm and distress, therefore, I request that you adhere to the above in relation to stopping any further visits which would be in contravention of the Protection From Harassment Act.

 

 

Whilst on the subject of Acts (laws), may I respectfully remind you of the Data Protection Act. When I asked your colleague today as to why he was discussing another persons personal business with myself as well as letting neighbours listen to personal business, his response was that he was not speaking to me and that he was speaking to my friend (xxx).

 

This again is preposterous especially as at that time Mr. xxx had already returned inside the property whilst his personal business was clearly being spoken about by your colleague outside the property.

 

 

The fact that your colleague freely discussed personal business as well as stating that the matter is criminal (theft etc) is in my opinion slander.

 

 

In conclusion, I suggest that you resolve the dispute between your customer and yourselves by way of letter. I would advise you that if the dispute can not be solved by way of letter that you should seek legal advice and possibly pursue this matter through the Court yourself. Should this be the case, I would consequently advise Mr. xxx to make a claim against yourselves (inability to repair, replace, refund goods etc).

 

 

I do hope that both yourselves and Mr. xxx can reach an amicable conclusion in this matter. However, this is something that you would need to discuss with Mr. xxx directly. To assist you in this matter however, Mr. xxx has stated that he is no longer happy for you to make a repair on the product as he has waited a considerable length of time. He is happy for you to replace the product or simply cancel the agreement and collect your product and refund the total amount of money paid.

 

 

Please will you confirm by way of reply email that you will not send any further colleagues to my home address. Should you not confirm this within a reasonable amount of time, then, in order for me to fully protect myself, I would need to make a formal complaint at the local POLICE STATION concerning your colleagues course of actions today - along with a copy of the CCTV as evidence to show alarm and distress was caused in addition to discussing personal business with third party.

 

 

 

I reiterate - should you not reply to this email to confirm no further visits will be made to my property, then the above matter will be reported to the local police along with the copy of the CCTV as well as the numerous failings / lies / intimidation tactics used by your colleague today.

 

I will give you a reasonable amount of time in which to reply to this email to confirm this before I report this matter to the local police. The time limit I am giving yourselves is 24 hours as from now (time shown on email).

 

 

First email received from BAYV:

 

Dear Mr zzz,

Many thanks for taking the time to message us regarding your complaint. We are keen to contact Mr xxx to discuss his account, particularly regarding the service issue you note on his behalf has been unresolved however I can confirm that we have not been made aware of this issue. Do you have a contact number for Mr xxx in order to enable us to discuss the several issues you have raised with the customer directly?

Furthermore we are sorry that you and Mr xx have had cause to complain about the service received and would like to formally thank you for highlighting this issue to us. We would like to assure you that your comments will be carried forward and investigated seriously and if you have CCTV that you would be able to share a copy of with us, this would be much appreciated to assist with our investigations.

Kind Regards

BAYV Customer Services Management Team

 

 

Second email sent to BAYV:

 

Hello,

 

Thank you for your reply. However, it seems you have not fully understood my previous email.

 

 

I refer you to my previous email whereby I stated that should you not reply to confirm that no further visits from yourselves will take place, then I will report the visit to the local POLICE. You were given 24 hours as from the time from my previous email.

 

 

Unless you can confirm that no further visits from yourselves will take place, then yesterdays incident will be reported to the police.

 

 

As for the contact number, having asked Mr. xx for permission to give you his phone number as well as advising him to only deal with this matter in writing and not to discuss verbally over the phone, Mr. xxx accepted my advice. Again, I refer you to my previous email where I suggest that you make contact with Mr. xxx by way of letter.

 

 

At the present time, it appears you have just a small amount of time (around 4 or 5 hours) until your time limit expires and a complaint concerning yesterdays actions will be reported to the police.

 

 

Concerning the CCTV? Obviously, this will be shared with yourselves should this matter proceed to Court (pre action conduct).

 

 

However, at this moment in time, it is lucky for yourselves that I have not entered the pre action conduct stage and see absolutely no need to send you a copy of CCTV. A quick google search yesterday has shown me the actions of your colleagues on a nationwide level - therefore, you can google search yourselves and read such information about your own company online. The actions of your colleague yesterday seem to be prevalent in your company.

 

 

I have reiterated previously, yesterday and today - should you not confirm that no further visits will take place, then a formal complaint will be made at the police station.

 

Regards,

 

 

Second email received from BAYV:

Dear Mr zzz,

Many thanks for your prompt response. We will be unable to confirm your request as we require to converse with Mr xxx regarding a solution to his current issues. We understand that you may feel it necessary to liaise with the police if we are unable to resolve this directly however can confirm that we will not be entering into any discussion with you regarding Mr xxx account.

Kind Regards

BAYV Customer Services Management Team

 

 

Third email sent to BAYV:

 

Hello,

 

 

Thank you for your response. Please be aware that your refusal to comply with the Protection from Harassment Act (1997) has been formally noted. As I felt both alarmed and distressed by your colleagues visit, - in particular his unfounded allegation that I had assaulted him in addition to his other lies, I consider yesterdays visit to be a breach of the Protection from Harassment Act.

 

 

Your refusal to confirm that you will stop any further visits and deal with this matter in writing is also in my opinion a further breach of the Protection From Harassment Act as well as the Administration of Justice Acts. I am of the opinion that this is also against the OFT guidelines. I am not very knowledgeable in the area of consumer law yet would consider you have failed also as a retailer in providing goods as per the sales of goods act as you have refused repair or replacement.

 

 

 

You were previously informed that unless you can confirm that you will stop your doorstep visits with immediate effect, then I would report yesterdays matter to the Police today. Your response to this is that you are unable to confirm this as you need to converse with your customer.

 

 

 

I hope that you will confirm that you have previously made an error in your email and that infact you will stop any further visits to

 

my property. If you fail to confirm this, then this matter will be dealt with legally.

 

 

Please note that I already consider yesterdays visit to be illegal in many instances. Copy of CCTV shows that my friends personal business was discussed openly with myself on a main road so that neighbours / shopkeepers can clearly hear. The fact that an accusation was then made against myself that I had assaulted your colleague is preposterous - but it is also slander.

 

 

Having informed yourselves that my opinion of your colleague during yesterdays visit is illegal, you still continue to have a total disregard for various laws in which you must adhere to.

 

 

Should I have to deal with any of your colleagues who make an unauthorised doorstep visit to my property, the police will be called as an emergency and will be shown copies of this email along with relevant case law showing you have broken the law on many occasions. In addition to this, I can assure you that legal action will be escalated against yourselves.

 

 

Now, turning to Mr. xxx (your customer). I trust that you will both reach an amicable arrangement, that is - replacement of the product, or refund the total cost payable of the faulty product and cancel the agreement. I have advised Mr. xxx to contact youselves in relation to this (by way of letter or email). I have also advised Mr. xx to make a Subject Access Request with youselves so it can be ascertained as to why you have failed in the SUpply of Goods Act and other failings etc.

 

 

In your previous email, you confirm that you will not be entering into any discussion with myself in relation to Mr. xxx account. I am glad to see that you abide by the Data Protection Act in this instance, however, CCTV of your colleagues visit yesterday would show otherwise.

 

 

Please note: Legal action will be taken against yourselves should any representative from your company call at my property unless obviously an appointment has been made. However, neither myself nor your customer (Mr. xxx) would care for an appointment.

 

 

Regards,

 

zzz

 

 

PS - The above email states that I will take legal action against yourselves should a representative make an unwanted doorstep call to my property in the future. This does not preclude the action of myself pursuing this matter legally in relation to yesterdays visit.

 

 

I see that you are a natioinal company and would have expected you to adhere to relevant laws. However, after experiencing yesterdays visit and consequently your email communications, I am of the opinion that you have a total disregard for legislation.

 

Final response received from BAYV:

Dear Mr zzz

Many thanks for requesting for Mr xxx to contact us directly and we will certainly await contact from him regarding his account. As previously noted, we understand that you may feel it necessary to liaise with the police however can confirm that we will not be entering into any discussion with you regarding Mr xxx account and this will be our final response regarding this matter..

Thank you for taking the time to email us.

Kind Regards

BAYV Customer Services Management Team.

[veganite]

k

Ok thanks

 

I think that will be enough information for the time being. It does sound bizarre at first sight.

 

I am sure the guys will be along to help as soon as they are available.

 

hi, yes, it does sound bizarre. being told that there is a chip in the TV which allows them to track it, being told police will give permission for BAYV to enter house, being told that I am a criminal and that I have also assaulted. What makes it more bizarre is that BAYV have in my opinion now refused to abide by UK legislation / guidelines concerning their doorstep visits and have told me in email that this is their final response.

 

 

As BAYV will not confirm they will stop calling at my property, I think that I would need to go to Court and request an injunction? be placed upon anyone from the company. I will not have anyone openly state that I am a criminal and that I have assaulted others. Both are untrue and both is slander.

 

Any help regarding Court or other ideas, please let me know, Thanks!

[dx100uk]

urm..

 

 

they are sailing rather close to being taken to court here.

 

 

do they really think their doorsteppers can operate with immunity from

the laws of this land when they just want too.

 

 

dx

[veganite]

i would like to take them to court, but i am unsure as to how!

[veganite]

on a sidenote, i have advised my friend to make a Subject Access Request with BAYV to find information such as:

 

1. Where they obtained my address from (not a tracker chip in TV as friends TV is over 200 miles away at his home)

2. What information is processed in order for them to visit my address

3. They say they have no record of repair / replacement requests, - why?

 

 

Turning to my own problem with this company, I am researching the tort of trespass, harassment, intimidation, slander - all in relation to the doorstep visit. Any help concerning this will be appreciated. If no help, no problem... I will keep the thread updated with the outcome of court action or possibly BAYV response in order to stop myself taking legal action against them.

 

Any thoughts, ideas, directions - anything appreciated! Thanks

[dx100uk]

sounds like bv have bitten off more than they can chew with you already

 

 

sadly. as you'll read on here, in other like threads

there appears to be a countrywide bv policy that they 'think' they can do this

 

 

act, akin to the powers of a court bailiff, whenever they want

demanding money, seizing of goods, and universal belief that

the police will 'help' them get their goods out.

 

 

poss poor training throughout the business?

 

 

just one point...

its not 'illegal' its 'unlawful', unless you prove criminal activity with regard the 'visits'.

 

 

dx

[lookinforinfo]

As long as they have only visited your house once that would rule out harassment and probably trespass.

 

And while BAYV have not confirmed they will not come to your door again, they have not actually come. I can understand that you are upset by the visit but I suspect that any Court action by yourself would

probably not be economically worth it.

 

Better and cheaper to complain to your local Trading Standards office about their threats, lies and breach of the Data Protection Act. As these are apparently not isolated incidents it does call into question

their ability to hold a Consumer Credit Licence [without it they cannot run their business]. And get your friend to complain about the fact that they are failing to repair/replace his TV as well as breaching the

DPA by discussing their details with you and half the street.

[citizenB]

I would be interested in knowing (in the absence of the micro chip), how BAYV knew that your friend was visiting you ?

 

Did your friend leave your address with anyone?

 

Did you act as guarantor for is purchases ?

[veganite]

Dear BAYV corporate poster,

 

I see you have read this thread on two different occasions and you have not offered any advice / suggestions or answers.

 

Given the serious nature of my complaint I would suggest that you email Elaine Mockler, Customer Service Director at BAYV who can liase directly with you.

 

You can then place the advice received from your Customer Services Director as a reply to this thread and the unanswered questions raised in the emails as shown above.

 

Kind regards,

 

Veganite

[veganite]

I would be interested in knowing (in the absence of the micro chip), how BAYV knew that your friend was visiting you ?

 

Did your friend leave your address with anyone?

 

Did you act as guarantor for is purchases ?

 

hi,

 

i am also interested in this!

 

my friend did not leave my address with this company. he stayed here some time ago along with the rest of his family, he put his bank account in my address. but this was several months ago.

 

since I am over 200 miles from where the TV is, the BAYV rep lied when he said he located my friend due to a tracking device in the TV. the TV has been off for around 6 months as has not worked. probably more, i dont know... so the tracking chip would not work?

 

ive asked my friend to make a SAR with BAYV.

 

i was not a guarantor for this.

[veganite]

As long as they have only visited your house once that would rule out harassment and probably trespass.

 

why would that rule out harassment and probably trespass?

harassment can be caused even without a visit, - phone calls for example. the harassment in this instance was the BAYV rep shouting, refusing to leave, calling me a criminal and alleging that i had assaulted him. further harassment is lies, stating he would get the police to enter the house etc.

 

i was alarmed and distressed by the BAYV representative psychotic behavior. for example, he was completely deluded in his belief that i had assaulted him as well as deluded in his own self importance even telling me to get back into my house and stop standing in my doorway. (there was no way i was going to turn my back on him).

 

to me, that is harassment.

 

as for trespass, - trespass happened the instant he started ringing doorbell and shouting my friends name. he was politely asked to leave by my friend who was embarrassed in this situation. he did not leave. this is the second instance of trespass (refusal to leave).

the third instance of trespass was when i asked him to leave. repeatedly.

 

 

 

And while BAYV have not confirmed they will not come to your door again, they have not actually come. I can understand that you are upset by the visit but I suspect that any Court action by yourself would

probably not be economically worth it.

Someone has come since. His car registration has been noted. I think it was the same guy that came on Monday. This incident is yet to be reported to the police.

I dont understand when you say about Court action being economically worth it? Economically, it would be better for me to abandon the whole idea of pursuing this company for the sake of my peace and wellbeing and security within my home? For myself, any amount of money is justifiable when protecting your home from psychopaths or pathalogical liars or anyone unwanted....

 

 

Better and cheaper to complain to your local Trading Standards office about their threats, lies and breach of the Data Protection Act. As these are apparently not isolated incidents it does call into question

their ability to hold a Consumer Credit Licence [without it they cannot run their business]. And get your friend to complain about the fact that they are failing to repair/replace his TV as well as breaching the

DPA by discussing their details with you and half the street.

Trading standards office? i may be a cynic concerning that but 20 or so years ago, trading standards would help the consumer. nowadays, that help is very little in forthcoming.

[veganite]

Tomorrow, I intend on visiting my local Court so I can request a Judge place an injunction on BAYV from visiting my home.

 

I am looking for advice or comments concerning this, especially if you have gone through this process before and have had an injunction placed on a company or person.

 

Thanks in advance!

[lookinforinfo]

Veganite, I am sorry if my previous post upset you-that was not my intention.

 

I remembered a case I read recently where harassment was part of the charge

and the upshot was from that Judge's perspective was that for harassment to be proved in Court

it required the harassment to occur at least twice.

 

 

Here is the case-

 

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2009/46.html&query=harassment&method=boolean.

 

 

In the definition of harassment in Law there has to be a course of conduct

and we see Lord Justice Jacob defining the meaning in part of his summing up-

 

[11] As Baroness Hale put it in her speech, harassment is left deliberately wide.

Section 7, to which I have referred,

points to elements which are included in harassment ,

namely alarming or causing distress.

Speech is also included as conduct which is capable of constituting harassment .

The definition of "course of conduct" means that there must be at least two such incidents of harassment

to satisfy the requirements of a course of conduct.

It is also in my judgment important to note that a civil claim is only available as a remedy for conduct

which amounts to a breach of section 1, and so by section 2 constitutes a criminal offence.

The mental element in the offence is conduct which the alleged offender knows, or ought to know,

judging by the standards of what the reasonable person would think, amounts to harassment of another.

So that one instance, however horrible for you to undergo it, does not merit being classified as harassment in Law.

 

In addition,

Trespass is a strange Law insofar as it does not appear generally to attract any financial penalty for the trespass

unless there is damage included.

 

 

So I don't see any way in which you can obtain a financial penalty for the rep's behaviour.

 

 

And without that, there is nothing to stop the rep from doing it again to someone else.

 

Rather than spend a considerable amount on an injunction you could send the template letter to BAVY

in the hope that it alone will prevent further visits.

 

I was serious that you contact Trading Standards since they are a conduit to the Office of Fair Trading

and it is they that decide whether a company is fit and proper.

 

 

Now your one complaint on its own may not be enough but we do not know how many others have complained

about this company already but just to censure BAVY would be enough to call a halt to the idiot

who came to your door repeating his conduct

with anyone else.

 

I am sorry to say this as there is nothing more I would like than for him to be kicked out of his job

but I don't feel that anything like that will happen by taking him to Court.

 

 

All it will do is to probably cost you money and anguish.

[veganite]

lookinforinfo, hi, i typed out a very long reply to you. and it lost itself in the internet.

 

anyway, sorry about that and sorry that you seem to think you have upset me!

 

thanks for your advice and help.

[veganite]

Good morning BAYV,

 

The Practice Direction concerning Interim Injunctions states the following:

 

(3) except in cases where secrecy is essential, the applicant should take steps to notify the respondent informally of the application.

I consider that you have already been informally notified of the application - with thanks to this website!

 

 

[veganite]

Hello BAYV,

 

Within this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?247477-Calling-all-BAYV-Customers-Your-help-is-required/page5 you state the following:

 

Post details of your specific complaint on this forum and we will post a specific reply

 

You can see my serious complaints within this thread. I await your reply.

 

Hopefully you will reply before I attend my local Court to start action against yourselves.

 

Tick tock!

[veganite]

I do not wish to sound rude, but I am wondering what the point is in there being a BAYV rep or a BAYV corporate poster on this site?

The BAYV poster has not commented on this thread and can not provide any advice or solution to my complaint of intimidation, harassment and lies by the BuyAsYouView rep.

 

I would have thought that the severity of my complaint would have led the BAYV rep to comment / advise.

 

As it is, the BAYV rep has remained silent on this thread which in my opinion simply shows that they do not care about my concerns and complaints. More importantly, as I have voiced my concerns on a public forum in regards to their harassment, intimidation and lies, - as BAYV has not commented then I am of the opinion that they simply do not care.

 

BAYV - your silence in this matter speaks volumes!

[BAYV]

Dear Veganite

 

Having reviewed your complaint I would like to provide an interim update.

 

1. An internal investigation has been started to review the alleged events stated, it would be appreciated if you would be prepared to make a formal statement and also provide a copy of any recorded evidence that you may have to aid this process.

 

2. I am unable to discuss matters that relate specifically to the account holder without the express written consent of this individual perhaps you may wish to ask them to contact us to arrange this.

 

3. Having reviewed, in part, information held there appear to be several contradictions between my information and the information you have provided and would therefore appreciate a member of my senior management and a representative from trading standards or any other recognised independent authority to meet to discuss this in greater detail prior to any legal proceedings.

 

Kind Regards

 

Graham Clarke

Chief Executive Officer

 

Email [email protected]

Phone 01656 754522

[veganite]

Dear Veganite

 

Having reviewed your complaint I would like to provide an interim update.

Please deal with the crux of my concern - for you to immediately confirm that no further visits from BAYV will be made to my property.

 

1. An internal investigation has been started to review the alleged events stated, it would be appreciated if you would be prepared to make a formal statement and also provide a copy of any recorded evidence that you may have to aid this process.

My formal statement can be seen in the emails sent to yourselves. The same emails were copied onto this site in an effort to request help since you refused to stop any further visits to my property.

I do not know what formal statement you require from me?

In relation to the CCTV, your colleague would need to make a Subject Access Request from the owners of the CCTV. This request, including the £10 fee should be sent to the 'costcutter' store adjacent to my property. One of their cameras is focused on the front of my property which provides a clear image of front door etc.

If such store owners were found to be freely giving me copies of their CCTV to include members of the public, then they themselves could be subject to not abiding by UK legislation (Data Protection).

 

2. I am unable to discuss matters that relate specifically to the account holder without the express written consent of this individual perhaps you may wish to ask them to contact us to arrange this.

I have not requested yourselves to discuss my friends account with me. Perhaps it would be prudent of BAYV to instruct all their employees that matters can only be discussed with the account holder.

 

3. Having reviewed, in part, information held there appear to be several contradictions between my information and the information you have provided and would therefore appreciate a member of my senior management and a representative from trading standards or any other recognised independent authority to meet to discuss this in greater detail prior to any legal proceedings.

I do not understand this. Please will you clarify for me:

a. What are the several contradictions between your information and the information I have provided.

 

Kind Regards

 

Graham Clarke

Chief Executive Officer

 

Email [email protected]

Phone 01656 754522

 

 

Hello,

 

In addition to the above, please will you also clarify the following:

 

1. The reason/s why nobody from BuyAsYouView (not even the CEO) can confirm to me that no further visits to my property will take place.

2. The several contradictions between the information BAYV has and the information I have provided to BAYV.

 

Thank you.

[BAYV]

Dear Veganite

 

Thank you for your response

 

I will have my legal team contact Costcutter head office in York to attempt to retrieve a copy of the relevant CCTV recording, in reference to your additional questions and the main body of your complaint relating to contradictions in information and attendance at you property the two are connected.

 

By way of example

 

We have a application form submitted to ourselves with supporting documentation that this address was the main residence of the account holder and that you are the landlord residing at a different address.

We have a signed delivery note confirming that the goods obtained where also delivered to this address.

 

I am sure you can therefore see the serious nature of this and that your address may have been used illegally to obtain good by deception and therefore whilst currently I am unable to confirm that no further action will be directed towards this address until I am in receipt of the appropriate evidence and documentation

 

As I stated on my previous email I have commenced a full internal investigation which will include statements from Sales, Assessment Manager & Delivery Teams. There are a number of additional points that I, due to data protection laws, am unable to post on this forum and therefore request again a meeting with yourself, senior management and a suitable intermediary

 

Again I am happy for you to contact me directly via email or phone

 

Kind Regards

 

Graham Clarke

Chief executive Officer

 

Email

Phone 01656 754522

Edited December 4, 2013 by GuidoT
Removed email address (to avoid spam)

[veganite]

Dear Veganite

 

Thank you for your response

 

I will have my legal team contact Costcutter head office in York to attempt to retrieve a copy of the relevant CCTV recording,

Costcutter is an independent store. It would be quicker if you were to direct your request to the store itself since they are the main controllers / operators of the CCTV.

 

 

in reference to your additional questions and the main body of your complaint relating to contradictions in information and attendance at you property the two are connected.

 

By way of example

 

We have a application form submitted to ourselves with supporting documentation that this address was the main residence of the account holder and that you are the landlord residing at a different address.

We have a signed delivery note confirming that the goods obtained where also delivered to this address.

 

I am sure you can therefore see the serious nature of this and that your address may have been used illegally to obtain good by deception and therefore whilst currently I am unable to confirm that no further action will be directed towards this address until I am in receipt of the appropriate evidence and documentation

What evidence and documentation is needed for yourselves to simply stop sending anyone to my property?

 

 

As I stated on my previous email I have commenced a full internal investigation which will include statements from Sales, Assessment Manager & Delivery Teams. There are a number of additional points that I, due to data protection laws, am unable to post on this forum and therefore request again a meeting with yourself, senior management and a suitable intermediary

What would be the point in this meeting? The whole purpose of my communication to yourselves is to avoid having to deal with yourselves in the future. What is this meeting for? Why? You have already made it crystal clear that you will refuse to stop sending people to my property, therefore, the point of any meeting would be in my opinion futile.

 

As you have made it clear that you will not stop any further visits to my property, I would also like to make it clear that should you send anyone to my property again, then I will immediately respond with legal action against yourselves. Again, this does not preclude the fact that I may take legal action against yourselves in respect of your recent visit.

 

Again I am happy for you to contact me directly via email or phone

Why would I want to make you happy when you obviously want to see me harassed, distressed and concerned at the prospect of further contact / visitors from your company?

 

I gave yourselves the option of email whilst explaining in said email in no uncertain terms that legal action may commence against yourselves. You chose to respond to my email and not appease me and not adhere to the Protection From Harassment Act - despite me informing you of this. Therefore, them email and subsequent complaints were posted onto CAG so that others can provide help and guidance to me.

Kind Regards

 

Graham Clarke

Chief executive Officer

 

Email

Phone 01656 754522

 

 

 

The above was a reply to BAYV, below is post to anyone:

 

I am confused why BAYV seem to think that they can operate outisde the guidelines issued by the Office Of Fair Trading.

 

I am further confused as to why the CEO states that he will not stop any further visits to my property.

 

I am at a loss for words in the fact that BAYV seem to believe that they can continue harassing me.

 

So, now, the CEO of BAYV states that he can not confirm that no further visits will take place at my property. In respect of this, I have installed extra CCTV which covers all external areas of the property. This is done to protect myself from false allegations of assault by BAYV.

 

Advice? Comments?

 

 

Edited December 4, 2013 by veganite