Police arrest customer to allow Buy As You View to seize goods

[chrisyb1984]

Hi all

 

just looking for advice, ill tryin keep this short,

 

first of all ive been with buy as you view for around a year now, in feburay i got a new item from the, but was told the my payment would go back to 3 yeard and that meant i would pay no extra my payment would be the same,

 

i got a new table and chairs from them, great no hassle next time payment was due, i was told to pay £105 when my contract says £75 so i paid to get they guy out of my home, and then called to speak to a manager who never came, next payment date i refused them entry on the grounds that they had broken there agreement and again asked to speak to a manager,

 

then yesterday afternoon i had a nock at my door, it was the same bayv collectors this time with 3 police officiers,he showed me some paperwork with my girlfriends sig prooving that table was delivered to my address,i told him i want to see the contract he said ive come to remove your goods, i said you are not coming in, as i said that the police officer said " what you say" i repeated then he arrested me for "breach of the peace" on my own doorstep, handcuffed me and put me in the back of a police van and allowed the guy into my home to remove the goods,

 

then they tryed to get me to sign a consent form in handcuffs, wich i refused, the collecter left with my goods and then the poliuce de-arrested me and let me back in,

 

the bayv collecter left the consent form, but this one was not filled in all left blank,

since then ive been trying to speak to a duty inspecter to find out why the police acted in this way and why they let him enter my home without a court order,

 

ive also contacted bayv whol told me my area manager would contact me that same afternoon, i ve heard nothing,

 

i have never had a late or missed payment, and have been told they have to serve you with a default notice before they can take any sort of action.

 

what are my options here,

 

 

sorry for any mistakes thanks for reading and any adive left

Edited June 17, 2011 by chrisyb1984

[dx100uk]

what !!!!!!!

 

you really need to complain about this, that is outrageous

 

dx

[brassnecked]

This is absolutely horrific, Op must complain to Trading Standards, Watchdog, and their MP

 

 

 

 

 

Edited June 17, 2011 by brassnecked

[Lefty]

My apologies to all - I have been unavailable for a few weeks.

 

This story is SHOCKING!

 

I do, however, suspect there is a little more to it - but on the surface (and in the way it has been described) a SERIOUS injustice has taken place here.

 

I note that a rep from BAYV has commented on a different BAYV thread today. THIS thread needs a response!!!

 

I hope you have made an official complaint to the Police?

 

I am going to speak to BAYV and ask for their response before advising any further. Stay tuned.

 

Lefty

[chrisyb1984]

thanks foir your responce lefty,

 

i can honestly say i am not trying to cover anything on my part,

 

this all started about 2 months ago after my last payment which they charged me £105, my contract says £75, they refiananced my items in january when i recieved my table and chairs, the sales guy told me i would not pay anu extra, i would in fact save money just my payments would go back to 156 weeks, so to me if iam not paying any extra why not,

 

the table was not in stock then, but was due in, i got the table delivered about 4 weeks later, at first the delivery team left without setting my table up or asking for the delivery payment of £20, but returned 20mins later i only paid them £10 they said that was fine,

they also left 4 contracts for me to sign and return 2 bayv when they next call, so basically they delivered the table with me signing the contract, ( i still hold there copy and my copy of the contract as they have not asked for this back), aweek or two after delivery i had a payment due for £75, which is what they took, then 6 weeks later next payment they asked for £105, at first i said no! but he said i will incur extra cost, so i let him take the £105 but told him i wasent happy and wanted to speak to a manager, he said someone will get back in touch, a week later nothing so i phoned there head office and told the women and she said she pass my details on, and again someone would be in touch, stgill nothing.

 

the last time they called and i paid the £105, that same day i found out my girlfriend was pregnant at about 6 weeks, the next time they called we were in and out of the hospital cause there was problems with the pregnancy, in the end we found out shed had a misscarage, the bayv rep was leaving notes at this time, the last was saying he take the goods back, this was a day or two after we had found out about the miscarrage, i then heard nothing for 2 weeks,

 

then a new guy turns up 14/6/201, i opened the door to speak with him, first thing i said to him is your not coming in, ive asked for your manager and still nothing, untill i speak with your manager, he calls my usual caller the same guy who had been leaving the notes, he arrived in under 5 minutes to me he was sitting round the corner, they said they will call tomarrow at 3:00 with the police, ok fine make sure you bring the contract that says i have to pay £105,

 

then next day the called with the police but still no contract, why because i still have both copies and they are still to ask for, all as he brought was a delivery note for the table,

 

the rest is in my original post,

 

i contacted bayv that same day, and yet again was told a manager would be in touch that afternoon, still 3 days later ive heard nothing,

 

same with the police, i asked to speak to a duty inspector, which has taken them 3 days to reply which is today anyway the police are calling at my home tomarrow to discuss this matter,

 

should i seek legal advice now,

ive spoken to consumersdirect got a link from trading standards website, they said i must make an official complaint about the police and they wanted to go through a letter with me to send to bayv, but i said i will seek legal advice.

 

that is everything that has happend in the last 2/3 monmths, any more advice is much appreicated

thanks

[Yellow160]

Can they take goods if your still paying for them?

[dx100uk]

if they do you stop paying simples!

 

dx

[dx100uk]

wait for lefty please

 

dx

[Lefty]

I am waiting on a response from BAYV. Obviously, I do not expect them to discuss an individual case, but I want a response to this allegation.

 

I am keen to know as to how BAYV managed to get the police to assist them with an unlawful repossession.

 

Lefty

[rebel11]

'it was the same bayv collectors this time with 3 police officiers'

 

Why would they need 3 officers?

[chrisyb1984]

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> update

 

had meeting at the police station today to file official complaint, basically given them a statement with what happend, couple of thing theyve said,

 

he spoke to the officer that day, he said my voice was tasied and i was argumentative, thats why i was arrested.

 

the police were not here for bayv sake, but to make sure no breach of the peace occours.

when i first answered the door bayv should have had a official court letter allowing entry,

 

in his opinion not "official" i was well within my rights, even he would have acted the same.

 

the blank consent form is valuable and he needs a photo copy,

 

iam back the wedensday to speak with him and sho the documents, he asked what i want to do in the end? iam taking legal advice first tho,

could i be compensated for this?

[chrisyb1984]

if they do you stop paying simples!

 

dx

 

but id only stopped paying because they had broke there agrement, never had 1 letter sayin i owed them money, no default notice nothing

[dx100uk]

quite right dont worry

 

i really think the police have done very wrong here

they allowed someone access that had no legal right to have access to your home ....fullstop.

 

they were not court bailiffs but just a normal person.

 

the police effectively allowed then unlawful access.

 

dx

 

 

dx

[Lefty]

BAYV have still not responded to my email... We'll give 'em until 5pm Monday.

 

Lefty

[queensclose]

watching

[chrisyb1984]

BAYV have still not responded to my email... We'll give 'em until 5pm Monday.

 

Lefty

 

ok thank you lefty, if you any more details just let me know.

 

thanks again to all

[rebel11]

So three policemen just happen to be passing by when bayv called, 'a lightly story'.

http://www.yourrights.org.uk/yourrights/how-to-enforce-your-rights/the-police/complaints-about-the-police.html

'the police were not here for bayv sake, but to make sure no breach of the peace occours.'

[raydetinu]

the potential breach of the peace was by the BAYV people in harrasing you; they must have asked the police to attend as they anticipated trouble, but the police should of ensured they had a legitimate right to approach the residence first, court order!

[chrisyb1984]

the potential breach of the peace was by the BAYV people in harrasing you; they must have asked the police to attend as they anticipated trouble, but the police should of ensured they had a legitimate right to approach the residence first, court order!

 

well the inspector i was talking to yesterday has said "soon as ive opened the door seen the police and bayv guy he should haver handed me some official document form the courts" allowing entry.

 

at rhis stage he only has my account of what has happend, he will speak with officiers and bayv before wedensday, but basicialy once i show him the blank consent form left by bayv, he ll kmow i should not have been arrested and bayv allowed in.

[raydetinu]

absolutely and then they should apologise'

This sort of thing is noted quite alot on this site; cars being repossessed on private late, no court orders and the POlice when called actually allow it or are complicite in breaking the law.

It obviously a lack of knowledge on their part about civil law and it should be part of their training or development, whic most proffessionals have to aplly and have knowledge.

But the worst thing is if they make a mistake, they think they are not accountable and say well got that wrong or they wont even admit they got it wrong.

Why do they seem to be on the side of the bully boys? If they are not sure they should stand back calm things down and get advice, its not an emergency!

You should make an official complant to the IPC; which will be investigated but dont hold your breath about the outcome!

[chrisyb1984]

ive made the complaint to IPC. il know more this wedensday after hes spoken to officiers and bayv, but i cany see how any outcome will say the police acted fairly and legally?

 

the inspector did ask me what i wanted to happen form the complaint? wich i said ill wait to see legal advice monday,

 

will it be worth me going to a solicitors ?

[Lefty]

Regardless of the outcome of any police enquiry, the fact remains that BAYV repossessed their goods unlawfully, and are in breach of their Hire Purchase contract with you. The law states you are now entitled to a refund of all payments you made on the agreement.

 

Lefty.

 

PS - Still waiting for BAYV (and I know you have read this thread, because we saw you log on and read it)

[raydetinu]

Well as I see it the police assissted in a crime. they allowed your legal property at the time being taken without your consent.

Perhaps ( if you want tele back ) ask them to go and get for you!

An apology and perhaps a statement from them confirming that the BAYV did not have the correct documents and acted illegally in taking it, at least to assisst you in getting your money back, I am sure that would be of grat help.

I would also ask that these sort of legal assissts by police is included in their training and so they know the law and how they should act, or at least be part of their CPD!

Whatever the outcome from them or what they sgree get in writing or confirm it back to them!

[chrisyb1984]

well ive been told by a close friend that even if the police are proven they acted wrongly they will never admit to it,( dont know how true it is)

 

just spoken to linda davies at bayv, shes thinks that if ive paid under 1/3 of the agrement they have not broken any laws? they have a lagal right to get there stuff back with or without a court order.

 

is that true?

 

and also been told for the 3 time the reginoal director will contact me today or tomorrow,

Edited June 20, 2011 by chrisyb1984

[silverfox1961]

 

just spoken to lind\a davies at bayv, shes thinks that if ive paid under !/3 of the agrement they have not broken any laws? they have a lagal right to get there stuff back with or without a court order.

 

is that true?

 

 

Ask her to put that in writing