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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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

chrisyb1984
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Lefty

Lefty

Posted
Posted

I would address your letter to CEO Graham Clarke.. (I think you will find he'll be expecting it!) ;)

 

Lefty

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Lefty

Lefty

Posted
Posted
Hi. We are currently investigating this issue.

 

We have been in contact with the customer to take a statement. We have interviewed the member of staff involved.

We have also spoken to the police and are waiting for an official response.

 

As soon as we have completed the investigation, we will post a formal response.

 

regards

 

BAYV

 

I would like to remind Buy As You View that the CAG was promised a "formal response" upon completion of your investigation. Whether or not the OP (customer) is happy with the current situation does not alter this promise at this time. It is quite clear this investigation is now complete.

 

This complaint was brought to the CAG by an unhappy consumer, and the CAG brought it to the attention of Buy As You View. Without the intervention of the CAG nobody would have been any the wiser!

 

The time has come for Buy As You View to put their hands up, admit to their mistakes, and let the CAG see what systems have now been put into place to prevent a similar case happening again.

 

My patience was wearing thin on page 2 of this thread.... It is now time for some closure!

 

Lefty

 

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

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Lefty

Lefty

Posted
Posted
I would like to remind Buy As You View that the CAG was promised a "formal response" upon completion of your investigation. Whether or not the OP (customer) is happy with the current situation does not alter this promise at this time. It is quite clear this investigation is now complete.

 

This complaint was brought to the CAG by an unhappy consumer, and the CAG brought it to the attention of Buy As You View. Without the intervention of the CAG nobody would have been any the wiser!

 

The time has come for Buy As You View to put their hands up, admit to their mistakes, and let the CAG see what systems have now been put into place to prevent a similar case happening again.

 

My patience was wearing thin on page 2 of this thread.... It is now time for some closure!

 

Lefty

 

 

STILL WAITING!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

The CAG has kept it's side of the bargain, BAYV. Now you must keep to yours.

 

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

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labrat

labrat

Posted
Posted

has brighthouse managed to misplace the glue?

 

or have they finally managed to tear their finger out?

 

any update yet?

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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locutus

locutus

Posted
Posted

Today is the 2 month anniversary of this thread. I think you can be assured if this was sorted the OP or Lefty would've updated this thread. I do feel BAYV blaming 1 rep and expecting the customer to continue business as usual is a trifle naive. The whole point of a "rep" is that they "represent the company".

 

Maybe a lot is going unsaid as this may well escalate to a court claim by the OP for all the money they have paid in the past 3 years, although I cannot see how BAYV can defend their position... they should just put their hands up, say "we acted wrongly, here is your £3000 that you've paid so far, sorry!"

 

As for canceling your new order, I'm sure someone will be along soon to advise how to go about that.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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kathryn26

kathryn26

Posted
Posted

after reading this post and seeing the last one chris posted i realised we may not live far from each other as iam also from cleveland and my thread was kindly put on here by lefty awhile ago about my credit agreement my complaint started with my area manger in april this year and i've still come to no conclusion maybe they need a new area manger 2 to train there staff properly as he has an attiude about him and i now refuse to let him in my home i have told this to the customer care person i saw on the 17th but they still sent him to collect from my meter so i didnt answer the door

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Guest Tooth Fairy Wishes

Guest Tooth Fairy Wishes

Posted
Posted

OMG I am so very sorry for what happened to you chrisyb1984!! It was bang out of order!!

 

Is there any further updates as to what's happening?

 

Have the IPCC got in contact with you? (Ive used them myself approx 2 years ago & they were brilliant with me)

 

Have you heard anything further from BAYV?

 

I know one thing for sure I will never buy from these people & that's on the strength of this thread alone!!! I also guess I am NOT the only person who thinks the same way!!

 

Well done Lefty on helping chrisyb1984 I would sure want you in my corner!!!

 

Good luck chrisyb1984

 

Fingers & Tootsies X

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BAYV

BAYV

Posted
Posted

Hi,

In respect of the employee involved in the incident, the matter has now been dealt with appropriately.

We received your letter addressed to the CEO. We attempted to contact you by phone on the 18th August to discuss the incident with you and left a voicemail message.

As we did not receive a response, we wrote to you by recorded delivery on the 19th August.

As of 25th August,, we have not received a response and would appreciate if you could contact us as soon as you can.

Best regards

BAYV

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

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locutus

locutus

Posted
Posted
What does 'appropriately' mean exactly?

I think it means this:-

....Also the rep is no longer working for them....

 

 

 

I'm sure chrisyb and Lefty will be in touch soon :)

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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Smileymiley

Smileymiley

Posted
Posted

Wheres the statement from BAYV?????? I know I'm short sighted but I had my glasses on and still didn't see it. My wife wanted to purchase something from them looks like they have lost another customer without even speaking to them. Not even The Funding Corporation can do that.

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whitewidow

whitewidow

Posted
Posted
Hi, i am a buy as you view agent. The only problem is, English law and Scottish law are totally different, and im presuming this is in England or Wales am i correct?

 

This is in England yes.

 

But still either it be England/wales or Scotland he should know the law and my guess is he KNOWS the law. This was simply a case of power and bullying which backfired badly, if this was someone else with out the knowledge or the help they would of got away with it.

 

 

Long live CAG

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2ltr16valve

2ltr16valve

Posted
Posted

I have just sat and read all 9 pages of this and all I can say its .... DISGUSTED !

 

BAYV you should be ashamed of your actions surrounding this complaint, you are not above the law - as I am sure your soon to realise.

 

Keeping my eyes firmly peeled on this thread.

 

Best of luck to the OP and top respect to the site team - mostly Lefty.

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locutus

locutus

Posted
Posted

With over 10,000 Views on this thread, I'm thinking a lot of revenue lost for BAYV. I wonder if chrisyb1984 is having connection troubles still. I'd love to see how the police resolved the complaint.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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brassnecked

brassnecked

Posted
Posted
With over 10,000 Views on this thread, I'm thinking a lot of revenue lost for BAYV. I wonder if chrisyb1984 is having connection troubles still. I'd love to see how the police resolved the complaint.

 

The dutti babylon will be trying to find a way out without coughing up compensation for the wrongful arrest and illegal assistance of a tortious act against the OP imho

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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