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    • Well I'm just butting in on this thread and I don't really know at all what's going on – but what I am certain of is that if you decide to take a legal action against somebody – it means that you have a plan to do so. This means that you understand the route, the threat you are going to make, what you are asking for, and when the deadline for the threat has expired then issue the action – no delays, no discussion – nothing. So I understand here that you not even sure who you are going to sue. This means that effectively you may not even have sent your letter of claim to the correct party.
    • Yes BF. I was about to issue that evening before I wondered whether the summons should actually be issued to them (Barclays Partner Finance at their head office) or to Clydesdale who own them? Or even to Barclays  as the owners of the groups. Thing is, I will issue as soon as I know and they have had a few more days grace if they think an NBA during Covid should allow more time.  
    • Johnson and Gove must think that Scottish independence is a certainty and Irish reintegration in the EU very likely - and they dont give much of a monkeys about wales Knowledge of Scotland not essential for government’s new ‘union unit’ jobs https://www.independent.co.uk/news/uk/politics/scotland-uk-union-unit-jobs-gove-b1800250.html   "The job ad at Michael Gove’s department demands candidates “demonstrate good political judgement” and have the “credibility to build a strong network of relationships across Whitehall”. " "However, it states that “understanding of policy issues relevant to Scotland, Wales and Northern Ireland” is only “desirable”"
    • many thanks DX I will do follow this advice.    one comment on what I've read on here. IDR  / the banks seem to rely on the non exclusive jurisdiction clause. However surely that would mean once its been through court here, it would no longer be active in UAE. Of course that is not how they work ie they would go for both UK and UAE if you ever returned. Is there not a way of highlighting and fighting there use of this clause on that basis?
    • Did you apply for a refund before you took any reclaim action?  If Ryanair refunded you for your flight then you have chosen to "end your contract" with them and they have no further liability for your travel.  This is pivotal because as long as you have a paid up ticket (and booking reference) then they have full liability and responsibility for you.  The minute they refund you, they have discharged their duty and you are on your own.   I am still trying to understand the basis for your claim.  The law says that if you are delayed then you have the option to refund or re-route (but not both which seems to be the case here).  You can go with the original carrier or not despite what Ryanair would have you believe.  You should tell them what you intend to do so they cannot claim later that you did not give them the option.     If I were to apply the best case to your situation it would be that the flight was delayed, you somehow told Ryanair that you were re-routing and off you went with your alternative travel arrangements.  You then put in your claim and waited.  If you then asked for a refund after your travel claim went in then you (and they) could argue that Ryanair has already part-paid your claim but you have a better case.  If you asked for a refund before your claim went in then the emphasis sits more with you to say you made a procedural error and they have a stronger defence.
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 27 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Hi eveyone, new user here need some adice plz.

 

ive read this online in my local paper

 

 

GINA Carey, 22, of Wilson Street, Derby, was handed a two-month community order with curfew, and ordered to pay £85 costs and a £60 victim surcharge for stealing a £575 television from Buy As You View, Derby, on June 27.

 

Read more: http://www.derbytelegraph.co.uk/given-jail-sentences-cases-dealt-South-Derbyshire/story-25927874-detail/story.html#ixzz3Q8353dyO

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says someone got community sentence and a fine for STEALING a tv from buy as you view!! £145 in total, not enough if you ask me!!!

 

Serves em right if you ask me, if you don't pay what you owe then what do you expect

 

question is will there be more people getting in trouble (maybe sent to prison?)

for not paying their buy as you view (and others) reckon that would be a good thing

as I hnow loads of people who just dont bother paying ever

and its not fair on people like me who pay £12 month for a tv

and never miss a payment pay every time lol!

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bet it was not a simple as that.

 

 

hope you are not paying for their useless insurance in your £12PCm fee?

 

 

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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hope you are not paying for their useless insurance in your £12PCm fee?

 

yes, the allsorted insurance is extra on top of the £12. what's wrong with it? worried now, lol!

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yes, the allsorted insurance is extra on top of the £12. what's wrong with it? worried now, lol!

 

 

You obviously haven't read any of the threads here or not enough.

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  • 1 month later...
question is will there be more people getting in trouble (maybe sent to prison?)

for not paying their buy as you view

 

Nobody has ever been convicted or sent to prison for "not paying their buy as you view". Failing to pay a debt is not a crime, it is a civil matter. It would only become a prison matter if the customer could be proven to have acted with intentional, criminal dishonesty. For example by signing a contract for the TV in a false name and then selling it to cash converters the next day.

 

But you can just just keep making those payments Owen, and have a laugh at others who aren't as smart as you.

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Strange one this. As BAYV have no stores, this must have been a rental in which this person didn't pay which is a civil matter.

 

The only conclusion I can think of is that BAYV reported this as a theft OR took out a civil claim for repossession and the lady failed to surrender the TV so the article in the newspaper should have been more clear.

 

owenrotten, why, when you posted for advice did you then go on to post the link? Don't work for BAYV do you??

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So if you order a tv and then dont pay and refuse to give it back its not theft? I think you will find that is criminal, not civil.

 

I once used buy as you view. I had no house insurance, no contents insurance etc but was paying their monthly insurance. My tv(bayv tv) was pulled over by my then child and smashed. I phoned bayv who delivered a new one the next day as accidental damage was covered. This must have been 10 years ago now, but for me, the insurance was worth it. A bit pointless if you have contents insurance though.

But the OP, if he has the relevant insurance in place and was missold the insurance, does need to claim it back.

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So if you order a tv and then dont pay and refuse to give it back its not theft? I think you will find that is criminal, not civil.

 

 

Who's that directed at ??

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So if you order a tv and then dont pay and refuse to give it back its not theft? I think you will find that is criminal, not civil.

 

I once used buy as you view. I had no house insurance, no contents insurance etc but was paying their monthly insurance. My tv(bayv tv) was pulled over by my then child and smashed. I phoned bayv who delivered a new one the next day as accidental damage was covered. This must have been 10 years ago now, but for me, the insurance was worth it. A bit pointless if you have contents insurance though.

But the OP, if he has the relevant insurance in place and was missold the insurance, does need to claim it back.

 

IF the lady had physically taken the TV with the intention to permanently deprive then that IS theft however, as BAYV have no stores, this TV must have been taken under contract which is a civil matter. Our speculating as to what happened is a bit moot as we don't know the full circumstances but as the OP posted the link, we can.

 

There is the option of renting the TV then selling it on which could be classed as a criminal act.

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

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