BAYV - Data Protection Act

[lookinforinfo]

Veganite, thank you for your critique and my apologies for getting the cctv matter wrong.

 

If you insist on taking action so be it and I wish you good luck.

As far as suggestions for help on case law etc you could check this site out http://www.bailii.org/ .

It has endless examples of actual Court cases, including the Judges summing up of the situation and the verdict. In addition as you read the summing up the Judge will often allude to earlier cases similar to the one he is adjudicating so you could check those out also.

 

The difficulty is often finding the correct keywords to get to the most relevant cases. You could try "debt collectors and trespass" for a start and "debt collectors and harassment". Many of the cases will not be at

all relevant to your situation so it will require a fair amount of digging on your part.

[lookinforinfo]

PS I have sent you a private message. If you didn't get it please let me know.

[Dottypoppy]

This all appears pretty suspect to me, your ranting and raving about BAYV having the nerve to knock on the door of where. Your " friends" TV was delivered to, a TV that you admit he has stopped paying for.. You make out BAYV are terrible but you admit you got your dog out to frighten the rep, there was 2 of you and a big dog. . . I am not sticking up for them but your very suspect I hope they take your freind to court .

[veganite]

lookinforinfo hello, thanks for your help! i did reply to the message two times but it wouldn't send.

[veganite]

This all appears pretty suspect to me, your ranting and raving about BAYV

Can you show me where I have ranted and raved please? I have wrote facts. I could rant and rave if I wanted, but that would be pointless. I could rant and rave about the visit in detail, although you can see that if have chosen not. I could make a website to rant and rave. I have chosen not. I could make a blog... You see where I am going with this? I have wrote facts and have requested help.

 

having the nerve to knock on the door of where.

Anyone can knock on my door. It is the course of action AFTER the knock on the door that is in question.

 

Your " friends" TV was delivered to, a TV that you admit he has stopped paying for..

It was delivered to my property. Friend then told BAYV his new address. Coin box collected from new address. Direct debits set for payment. AFAIK, he has stopped paying for this as it does not work. When he has sufficient time and can visit his family, (where the tv is located) he will then make arrangements to return the tv to BAYV on condition that a full refund of his money is paid.

 

You make out BAYV are terrible

Really? Above, I am sure you can read where I stated that the BAYV rep was actually polite.

I do not make out BAYV are terrible. I have wrote the facts of the matter.

If anyone is making BAYV out to be terrible it is BAYV themselves. I invite you to check their responses to my complaints as above.

but you admit you got yokur dog out to frighten the rep,

I did not admit that. I did not admit that since I did not do that. Again, I respectfully invite you to read the above prior to making unfounded allegations. Where did I say I got my dog out to frighten the rep?

 

there was 2 of you and a big dog. . .

LOL... again, I invite you to read the thread and you will see that your criticisms / allegations against me are wrong.

Not that I am really bothered what you think about me

I am not sticking up for them but your very suspect

More criticisms / allegations? You're very suspect. / You are very suspect. Not that my correction is a criticism. Neither is it an allegation that you are a giant green miniature space hamster and you are learning the English language.

 

I hope they take your freind to court .

What a peculiar hope. My hope would be for something far more important. World peace for instance.

 

Seasons Greetings!

 

psst... dottypoppy.... you can reply if you want

[veganite]

Hello BAYV,

 

The practice direction on pre action conduct stipulates that there are various different time limits in which the defendant (yourselves) must provide me with information.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#7.1

 

Whilst you have already stated the following:

P { margin-bottom: 0.21cm; } We would like to assure you that your comments will be carried forward and investigated seriously

 

and....

 

P { margin-bottom: 0.21cm; } An internal investigation has been started

 

and......

 

P { margin-bottom: 0.21cm; } I will have my legal team contact Costcutter head office in York to attempt to retrieve a copy of the relevant CCTV recording

 

 

 

and.................

 

P { margin-bottom: 0.21cm; } As I stated on my previous email I have commenced a full internal investigation which will include statements from Sales, Assessment Manager & Delivery Teams.

 

The response to the above from CEO of BAYV, Mr. Graham Clarke was the following:

 

P { margin-bottom: 0.21cm; } I intend to make no further posts on this matter

 

Whether you intend to make no further posts on this matter does not get you away from your obligation of supplying me with the information as required under pre action conduct.

Therefore, as you have already had a considerable amount of time in which to respond to me and provide me with your outcome to your investigation and I have not received any communication, I feel as though I must reiterate that I am still waiting for the outcome of your investigation.

 

Please provide me with an outcome of your investigation. Unless you state in this forum, or contact me via email within the next 2 days to state that you will adhere to the pre action conduct and supply me with the information, I will have no other choice than to make a Subject Access Request to yourselves (without any further reference to yourselves). Should you fail to comply with my SAR, this matter will be reported to the relevant authorities.

 

Please note, in response to your reply of the following:

P { margin-bottom: 0.21cm; } 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 am willing to meet with your senior management and a representative from a recognised independent authority in order that a solution may be found without the need for any legal proceedings.

This meeting can be held at my home, via telephone or alternatively I can visit South Wales and visit your head office.

 

Whilst Graham Clarke has clearly stated that he would seriously investigate my complaint and then stated that he would not reply to this thread, I will keep this thread updated myself.

 

I trust that you will comply with pre action protocol and supply me with the outcome to your "serious investigation".

However, should this not be the case, I will make a Subject Access Request. Should you fail in your obligation of providing me with the Subject Access Request, then legal proceedings may commence without your cooperation with the pre action conduct.

 

As already stated above, I am more than happy to have a meeting with Graham Clarke and/ or a senior manager along with a representative from an independent authority such as trading standards in the hope that legal proceedings can be avoided.

 

I look forward to your response. As BAYV CEO Graham Clarke said he would not respond to this thread, then you can respond to my email or to my home address.

 

Kind regards.

[renegadeimp]

Hi veg. i would put this in writing as well, so you comply with the protocols too. I know that the forum post can technically be considered notice, but its much beasier and more formal to put it in writing to him. Since its on here, he could easily say " sorry. i dont go to that site anymore and have no intention of doing so. he cant do anything like that with a recorded letter sent direct to his office.

[BAYV]

Dear Veganite,

 

BAYV can confirm that we have sent a "Final Response letter" by way of recorded delivery.

 

Regards

 

BAYV

[BAYV]

Just to keep the post updated we have had no response towards our offer of a refund made to the customer mentioned in this thread made on the 10th December 2014.

Regards

BAYV

[veganite]

Hello BAYV,

 

I have not received any letter. Perhaps it may be more practical if you were to send me your final response letter to my email ?

 

As you are aware, the CCTV footage you obtained from Costcutter stores has the added benefit of sound. (I did not know there was sound on the CCTV at the start of this complaint / forum thread.

 

The first part of the intimidation, lies and harassment can be clearly be both seen and heard from the copy of the CCTV you have from Costcutter.

 

The intimidation after this event was from your CEO, Graham Clarke, who having dealt with my complaint refused to confirm that no further visits would take place to my property.

 

I would like to read your final response letter, therefore, please will you either send me the letter, or alternatively send it to my email. (It would be a lot easier and quicker via email!)

 

The fact that the CCTV has its own sound will lead to an interesting reply from yourselves.

 

Please note that if your final response is not forthcoming or is not the response I am looking for, then legal action will be pursued against yourselves without any further communication to yourselves other than the necessary legal papers.

 

Kind regards

[BAYV]

Hello BAYV,

 

I have not received any letter. Perhaps it may be more practical if you were to send me your final response letter to my email ?

 

As you are aware, the CCTV footage you obtained from Costcutter stores has the added benefit of sound. (I did not know there was sound on the CCTV at the start of this complaint / forum thread.

 

The first part of the intimidation, lies and harassment can be clearly be both seen and heard from the copy of the CCTV you have from Costcutter.

 

The intimidation after this event was from your CEO, Graham Clarke, who having dealt with my complaint refused to confirm that no further visits would take place to my property.

 

I would like to read your final response letter, therefore, please will you either send me the letter, or alternatively send it to my email. (It would be a lot easier and quicker via email!)

 

The fact that the CCTV has its own sound will lead to an interesting reply from yourselves.

 

Please note that if your final response is not forthcoming or is not the response I am looking for, then legal action will be pursued against yourselves without any further communication to yourselves other than the necessary legal papers.

 

Kind regards

 

Dear Veganite

 

The final response was sent to you by way of recorded delivery on the 13th January 2014

 

The Royal mail attempted delivery on Tuesday the 14th but there was no one available and therefore they left an out card.

 

We have sent the tracking information via a PM to you.

 

Kind Regards

 

BAYV

[BAYV]

Just to keep the post updated we have had no response towards our offer of a refund made to the customer mentioned in this thread made on the 10th December 2014.

Regards

BAYV

 

To keep this post updated

 

The Company have still had no contact from the customer to arrange a return of the product in order to process a full refund

 

Kind Regards

 

BAYV

[veganite]

Dear Veganite

 

The final response was sent to you by way of recorded delivery on the 13th January 2014

 

The Royal mail attempted delivery on Tuesday the 14th but there was no one available and therefore they left an out card.

 

We have sent the tracking information via a PM to you.

 

Kind Regards

 

BAYV

 

 

what is an 'out card' ? ive not received any card. nor letter..

 

what do i do with this tracking information?

 

isnt it a lot easier just to send your response via email?

 

if for some reason you can not send your response via email, please let me know how i can trace your response through the tracking number provided.

 

kind regards

[BAYV]

what is an 'out card' ? ive not received any card. nor letter..

 

what do i do with this tracking information?

 

isnt it a lot easier just to send your response via email?

 

if for some reason you can not send your response via email, please let me know how i can trace your response through the tracking number provided.

 

kind regards

 

Dear Veganite

 

Please enter the tracking reference provide at the following site

 

http://www.royalmail.com/track-trace

 

You will find instructions on re delivery or collection should you prefer

 

Kind Regards

 

BAYV

[veganite]

Thanks for your reply. When entering the tracking number you provided me on to the website, I receive a message stating:

 

There is no data available for this tracking reference, please try again later

[BAYV]

Thanks for your reply. When entering the tracking number you provided me on to the website, I receive a message stating:

 

Dear Veganite

 

We have just tried at 12:47 and it is now working if you can try again

 

This will allow the option of re delivery

 

Kind Regards

 

BAYV

[veganite]

The tracking number you provided me still does not work. I will try again later today.

 

Perhaps you could email your 'final response' to me.

[BAYV]

The tracking number you provided me still does not work. I will try again later today.

 

Perhaps you could email your 'final response' to me.

 

Dear Veganite

 

Can you send your email address to

 

Lisa Henry Legal Department Manager at

 

lisa [email protected]

 

Kind Regards

 

BAYV

Edited February 3, 2014 by GuidoT
Put a space after Lisa to protect from bots.

[veganite]

Hello BAYV,

 

i have sent email to lisa [email protected] and presume that the final response letter will be sent to my email.

 

thanks for your assistance in this matter,

 

Regards

Edited February 3, 2014 by GuidoT
Put a space after Lisa to protect from bots.

[veganite]

Please note that if your final response is not forthcoming or is not the response I am looking for, then legal action will be pursued against yourselves without any further communication to yourselves other than the necessary legal papers.

 

 

Dear BAYV,

 

Thanks for your final response. I refer you to the above.

 

 

You state the following:

At the time of posting the letter we had been unable to make contact with the Costcutter store, so after many unsuccessful attempts to contact the store by phone, a regional manager visited the Costcutter store on XXXXX Road to obtain a copy of the CCTV footage. The store informed the regional manager that they cannot release the footage. They also stated that they delete the tapes and copy over them each month.

 

Can you confirm what date and approx time your regional manager attempted to obtain a copy of the CCTV via a personal visit to the store?

 

As far as the store owners are concerned (as they work in the store themselves) they are unaware of anyone physically entering their store and asking this. They have also checked with staff who are also unaware of anyone requesting CCTV.

 

Your final response letter states the following:

 

the CCTV footage is therefore probably not of any use on this occasion

 

Please will you let me know what date and approximate time your regional manager entered the Costcutter store in order to obtain a copy of the CCTV.

 

Regards

[veganite]

Dear BAYV,

 

Apologies for my last post, I had forgotten to ask for additional information.

 

In addition to providing me with the above information I've requested (date and time of your regional managers visit to the store to obtain CCTV), I also require the following information - I require a copy of the signed statement from your representative concerning his visit / my complaint.

 

I believe I am entitled to this information under pre action conduct.

 

Regards.

[veganite]

Oh and I will update this thread. You do not have any right to post the outcome as it is myself asking for advice on behalf of my friend... Whilst you can give advice, you can not post an outcome. If I was one of your customers asking for advice and got into dialogue with you, then you can certainly post an outcome.

 

Yet despite the above, you post twice stating that the customer has not contacted you - which is a breach of the Data Protection Act. I suggest you read the above again. I further suggest you make a reply within the other thread I started.

 

Kind regards

[veganite]

Dear BAYV,

In order for the necessary paperwork to be completed, further information in addition to the above is needed.

 

I would like to know the reason or legal basis for both your customer service and CEO refusing to confirm that no further visits would take place.

 

If you fail to respond to my requests for further information, your non compliance with the pre action conduct will be noted.

 

Kind regards.

[citizenB]

veganite, there is NO breach of the DPA at all.

 

I would also request that you tone down some of your posts, please. The customer reps are not here to have pot shots taken at them.

[veganite]

citizenB,

 

I asked for advice so I could inform my friend. I have made this clear as above. This does not give BAYV the right to inform anyone any data about my friend. In doing so, BAYV have in my opinion breached the Data Protection Act.

 

That is my understanding. If wrong, I would appreciate your thoughts as to why my understanding is wrong.

 

 

Now, turning to your request that I tone down my posts and your implication that I am taking 'pot shots' at the customer reps.

 

My response to this is that I have in my opinion been polite in my posts.

I do recall one post here: http://www.consumeractiongroup.co.uk/forum/showthread.php?416600-Brought-TV-from-Gumtree-..it-belongs-to-BAYV!..**RESOLVED** where I stated that I 'dislike' BAYV. However, within that thread, the advice I provided was agreed upon by BAYV and the OP, - thread resolved. I apologise for saying I 'dislike' a company.

 

Whilst I am polite in my postings, I apologise to you as you believe I am taking 'pot shots' at customer reps. If you can show me where I have taken 'pot shots' then I will apologise to the customer rep/s also.

 

The following are examples of the 'pot shots' you speak of, they are from this thread only, incidentally, 2 are from CAG site team!

 

Going from the ceos reply in the other thread, he couldn't care less.

If ever a company treated their customers this way, they deserve to go under

Just another someone taking advantage

ive tried searching for the pot shots you accuse me of but I can not find any...

 

I will not bother posting here in order to help other people. I will update the 2 threads I have started only. The reason for this is that I can not see what I have done wrong on this site and in no way do I want to upset ANY member of the CAG site team. I can not see why I should tone down my posts and can not see why it has been implied I am taking pot shots.

 

citizenB, please do not think that this post is a criticism of either yourself or your fellow colleagues within the CAG site team. I have nothing other than 100% respect for yourself and the rest of the site team as you are all freely providing your time in helping others. This post is just myself asking you for the reasons as to your beliefs against myself in addition to me defending myself.

 

As already stated, due to your post, I will not provide any advice in any other thread and will stop posting here, apart from updating the two threads I have started myself.

 

Thank you.