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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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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Police arrest customer to allow Buy As You View to seize goods


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its like watching a great film and then you get the

 

..................to be continued

 

update please!!!!!!!!!

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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I've just sat and read through the entire thread - my God, what an absolute mess. My heart goes out to the OP - this is absolutely not the way companies and the Police should be acting and I hope that much, much more is offered to you than the derisory offer that was made.

 

As someone on a low income, I was actually considering purchasing an item through BAYV. Needless to say, after reading this thread, I will find other ways to purchase the item in the future.

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BAYV, my brother had dealings similar a while ago, instead of asking all and sundry to put you through to a manager or Area manager, write to:

 

Tony Morris, Field Director

Buy As You View Limited

Kingsway Buildings

Bridgend Industrial Estate

Bridgend

CF31 3RY

 

Record deliver your letter and keep a copy. Good Luck.

As for the BAYV replies from employees.

 

Instead of hiding behind computers, and wanting people to talk on a phone, get your directors to WRITE personally to your victims.

Edited by nish40
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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.

They can lol

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  • 3 weeks later...

I have just read this disgraceful story. Lefty, chrissy, is there a conclusion?

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  • 3 weeks later...

What an appalling story, and it just illustrates again that these companies have the morals of a sewer rat. For Heavens sake, don't buy anything from BAYV, Brighthouse etc - when you include the inflated ticket price and hidden extras you will be paying 2 or 3 times the normal retail price. And your reward is to be treated like this.

 

In respect of this particular story, I think the Police complaint is the main issue (because it will be treated more seriously and has more serious consequences, for all involved). The options as I see them are :

 

- The BAYV rep falsely told the cops that he had the right to force entry and take the goods. They stupidly assisted him without verifying that. If this is proven, then BAYV rep has committed a serious criminal offence and the cops will be disciplined.

 

- The BAYV rep persuaded the cops to assist him, even though they knew he did not have the right to force entry and take the goods. If this is proven, then they have all committed a serious criminal offence.

 

The Police don't like situations like this, and you can expect them to try hard to cover it up. I see that Chrissy has been offered £100 compensation by BAYV, that is far less than would be awarded if this went to court. A distressing and wrongful arrest on your own doorstep, to facilitate unlawful seizure of goods, would indicate damages well into 4 figures, plus many thousands in legal costs.

 

If Chrissy doesn't get a satisfactory outcome she should contact a specialist law firm ([EDITED] for example) and ask them to represent her no-win-no-fee. I am absolutely confident that if the facts are as described here, the Chief Constable would offer £5,000 out-of-court instantly, rather then defend this in a public arena.

Edited by silverfox1961
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I agree completely, if the facts are as you state them it is plain the arrest was false. If you are on your own property you are not subject to the Public Order Act anyway.

 

You need a good solicitor who can sue the Police for false arrest and assault. I would concur that you should receive some thousands in damages. If the trespassers in your house seized any of your property without lawful authority they will be guilty of theft.

 

Get a lawyer. If the facts you state can be made out the Police WILL give you substantial damages. You can also claim aggravated damages in this case.

 

And £100 in compensation is an out and out insult. Once again a healthy four figure sum is what you should be looking at.

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If you've paid less than a third on the agreement they can take it without your consent, even if you argue your case to BAYV they won't give you any money back because they'll say you've paid for the use of it while you had it. The Police should not have allowed them to do it but I think the best you can hope for is an apology off the Police. BAYV won't give you any money or the table back, they don't have to, they can sell to who they like. I don't mean that to sound antagonising but that's the rub.

 

FYI, I used to work for them and there's plenty more examples like this I can recall. I don't work in that industry at all now so please don't send me abuse lol :)

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If you've paid less than a third on the agreement they can take it without your consent, even if you argue your case to BAYV they won't give you any money back because they'll say you've paid for the use of it while you had it. The Police should not have allowed them to do it but I think the best you can hope for is an apology off the Police. BAYV won't give you any money or the table back, they don't have to, they can sell to who they like. I don't mean that to sound antagonising but that's the rub.

 

FYI, I used to work for them and there's plenty more examples like this I can recall. I don't work in that industry at all now so please don't send me abuse lol :)

 

Maybe so, BUT they still need a COURT ORDER TO ENTER YOUR PROPERTY !!

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Yes absolutely right. When I worked there we'd get told to ring the police and say a customer had been aggressive or threatening, all the rep cares about it getting as many accounts up to date that week as they can, whether that means the customer pays or the goods get returned. You don't have to let them in and they cant force entry without a court order.

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So my advice stands. The Police had no reasonable or probable cause for the arrest and therefore it was false. This is a matter for damages, not for an apology! It is no defence for the police officer to say he was ignorant of the law! as he clearly was if your account is accurate. See a solicitor.

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  • 1 month later...
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I'm just curious, I have to ask one question, if the police were there to ensure that no breach of the peace was ensued, why did the police observe him entering the premises which clearly was not his to enter. I know the police have already claimed blame, and dealt with accordingly.

 

Another note. I booked an appointment with BAYV monday and their agent came today and went through the traits of form filling, I was after a tumble dryer because our one broke down and I have a child with another one on the way. but After reading this. I immediately contacted them and cancelled my order. I'm glad that no one is above the law especially these agents who think they can do what they want.

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I'm just curious, I have to ask one question, if the police were there to ensure that no breach of the peace was ensued, why did the police observe him entering the premises which clearly was not his to enter. I know the police have already claimed blame, and dealt with accordingly.

 

Another note. I booked an appointment with BAYV monday and their agent came today and went through the traits of form filling, I was after a tumble dryer because our one broke down and I have a child with another one on the way. but After reading this. I immediately contacted them and cancelled my order. I'm glad that no one is above the law especially these agents who think they can do what they want.

 

Hi look up freecycle, near me someone was giving a working one away a while ago. So poss you could get one for nowt near you. You could also look into certain charity shops as they are allowed to sell leccy equip now in some places.

 

BAYV near miss, glad you saw the thread as they are a stress deffo not needed, I have never used them but after reading some threads on here they are best avoid It seems :)

 

Best of luck with the baby xx

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Thats just disgusting with regards to falsifying an allegation ( should get done for wasting police time ). and there I was thinking it was just louts who tried to resort to bully boy tactics. Companies trying to basically MUG people for their money.. PSShhhhhhhh! I'm glad for their sake I cancelled my account.

 

Thanks watching :) its gonna be interesting as will be the second girl. so eeeps !!!!!!! lol

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