police aid buy as you view to remove goods without a court order

[silverfox1961]

One of the things these companies do not like is bad press. If your local newspaper were to get hold of this..........!

 

I would definitely report them to the OFT

[silverfox1961]

It appears that BAYV is a subsidiary of Dunraven Finance. They are separately registered with companies house with these numbers:

Dunraven: 01252688

BAYV 01257038

 

They have an OFT CC licence (under Dunraven)

0016514

 

And the directors name is Graham clarke

 

You could always write directly to him (I have the address)

[locutus]

You could take them to court for the full amount you've paid so far as they're in breach of the contract, which would add court costs, and BAYV would probably have to spend cash on a solicitor to handle the case for them.

 

Can you just confirm, BAYV had no copy of the agreement when you wanted to see it and you felt they were overcharging you? Also BAYV have taken no court action against you and you've paid more than 50% of the goods? Then after they've called the police to ilegally reposess YOUR stuff, they said you're vauled as a customer?

 

They really need to use some of the cash they've fleeced off their customers to buy themselves a clue, because it seems they don't have one!

[karen1926]

I'm Kathryn's mother and I've spoken today with a friend who is a senior police officer.

 

He also advised me that Kathryn should make an official complaint about the conduct of the policeman as what he said was wrong.

He also explained that the reason companies like BAYV don't go to court to deal with these situations is because the courts won't back them up.

 

As he explained the court would say that no REPUTABLE business would allow goods to walk out their premises without a contract.

 

The reason BAYV don't want a signed contract is because they can then come back later and say the price has gone up or you've not fulfilled the terms of your agreement etc.

 

Also, the reason they send thugs to your house to take back the goods is because they know the courts won't give them a court order to do this.

It is therefore, cheaper and easier for BAYV to send some guy with muscle to intimidate people into giving the goods back so that they can quickly sell on to someone else.

 

I'm sure Kathryn wasn't the first person to "own" the television she was buying.

So you're not even getting new goods, you're paying a fortune for second hand goods which again shows what kind of company BAYV is.

 

They are nothing more than glorified loan sharks

 

.My friend also said that the more people know the law and their rights the hard it will be for companies like this to get away with it.

 

Also, that the police should not be "helping them" in this process and we need to weedle out those that are.

 

He urged that everyone write to Trading Standards and the more complaints they have the better.

 

Trading Standards can then take action to get these people out of business.

 

I know a couple of people who work for the BBC

so I'm going to see if I can get this situation brought up in a TV programme as there are so many of these companies springing up and they need to be stopped.

[silverfox1961]

WOW Karen, I think BAYV should come back and discuss those claims.

 

I totally agree in making far more people aware of this insidious practice. It may not be the whole company that does this but two different people in two different areas (I assume) doesn't sound too good

[karen1926]

Hi Silverfox.

 

I haven't even got started on BAYV yet! I'm just warming up!!

They've picked the wrong person to upset,

 

I'm old fashioned and believe in treating people with respect and decency.

My way of thinking is that you should treat people the way you would wish someone to treat you.

To have some overprice thug turn up at my daughter's house and expose my daughter and grandson so that type of behaviour is like putting a red rag to a bull with me.

 

I've stayed out of the situation as much as possible but now no more.

I think companies like BAYV assume that they can bully people into doing what they want as they have no support or back up.

 

Well I've got quite a few connections and I'll show BAYV what happens when you start using those tactics against my family.

 

I have a friend whose father has just retired as MP, another friend in the BBC and yet another that's a senior member of a police force in the UK.

 

I met the man who turned up at my daughters.

It was obvious what type of person he was and even though he was being polite and friendly it was obvious that he was trying to intimidate me.

He was over 6' tall and around 20+ stone, he obviously works as a bouncer at nightclubs and goes to the gym on a regular occasion

and it would appear that this is the type that BAYV employ.

 

As I've mentioned before, I'm furious now.

My grandson shouldn't have to listen to foul language and watch some thug try to push his way into his home.

This type of behaviour needs to be stopped and as my friend said that's in the Police, "no reputable company would employ those type of tactics".

[raydetinu]

Yep all disgusting behaviour, I am sure watchdog or ask dom would be interested in these stories.

You should also think about taking them to court for your goods back or the money you have paid and for the injustice and stress you have suffered.

I think court action is the only thing they will understand.

Trading standards would certainly be interested but they wont get your money back.

[karen1926]

I agree but I think bad publicity will also hurt them and make others aware of their tactics. If we can make more people aware of how they operate then hopefully less people will use them. I'm sure there must be a way that businesses can help people who are struggling in the current economic climate without ripping them off this way. This is just someone who is completely greedy and doesn't mind how they make their money.

[kathryn26]

Bayv say even though I have payed nearly the washer off cos they re-modifyed

I lost my rights on it

 

I know lefty has talked about this before in other posts with us

as for the telly I had not payed over a third for I had paided 400 of 2,174

so it was more theres than mine

 

I intend 2 speak with them again 2day and tell them what I intend to do if I dont get some comp for my son

and wat he has been through

 

my son is now scared 2 b in the house without the dog

he even asks me where the dog is before he goes 2 sleep

I think if he could he would have him sleep with him

he has never seen violence in his life its not something I wish for him 2 see

I know as he grows up when hes not with me at some point in his life time he will witness it

but 2 see it at 2 in his own home and against his dad has scared him

and all bayv intened to do is have a word in my book

 

not good enough any company who wanted to be seen to do the right thing would a least give a warning

but bayv want him 2 do this

 

I know some1 who lives not far from me had had a miscarriage and was in alot of pain in bed

and bayv wanted her partner to remove her from the bed so they could take it back

she hadnt even layed her child to rest and they didnt care

all they wanted was there goods

 

220 is a nice sum of money but I intend to try and get more

 

if any1 has any addresses for any1 high with in the company

 

I will glad except them x x

[locutus]

220 is a nice sum of money...

No it isn't! it's a pittance compared with how much they've had from you! Not to mention your goods that they have taken.

 

A smart offer from BAYV would be for the price of the goods, so at least you'd be put in a position of not losing out. Personally, if this was me, the Letter Before Action would've been sent by now demanding the whole lot back, and if that fell on deaf ears, 2 weeks later I'd lodge my case with the county court and I'd also send a letter to my local paper inviting them to come to the court with me.

[Gbarbm]

Locutus is right.......but before you issue a claim in the county court, you need to fully exhaust the company internal complaints procedure.

Write to;

Graham Clarke

Chief Executive Officer

Buy as you view Ltd

3 - 4 Kingsway

Bridgend Industrial Estate

Mid Glamorgan

CF31 3RY

 

Make sure you write FOR THE PERSONAL AND PRIVATE ATTENTION OF on the envelope and send it by recorded delivery.

Give the company 28 days to provide you with a full written response.

Advise him that if the matter is not dealt with to your satisfaction, you will have no option but to consider legal action (Locutus, would this be classed as a letter before action?)

It is important that you give the company one final opportunity to put this right - the district judge would expect this and it makes you look more than reasonable under the circumstances.

You also need to write to Dave Pickard Deputy Chief Constable at Cleveland Police HQ (the Chief Constable Sean Price has been arrested for fraud.....you couldn't make it up!)- provide him with as much information about the officers that attended your property and how they assisted in the removal of the items and how they failed to protect you and your son which is misconduct on their part.

 

Your mum sounds like a great person to have on your side!

Edited October 11, 2011 by Gbarbm
spelling mistake

[locutus]

You don't need to exhaust their complaints procedure, but you do need to give them chance to put things right before going to court, else you run the risk of the court not granting your request for court costs to be added to the BAYV bill. The best way to make a letter constitute as a "letter before action" is by putting it in big bold words at the top of the page

 

You are always best keeping to YOUR timescale not the companies. 1st letter what you want, 7 days later (or after the companies reply) a LBA, 14 days after court, and after they've not posted a defense and their time runs out ask for judgment against them, then if they've not paid you, send in the bailiffs. As a well known meerkat would say... "Simples"

[kathryn26]

Thanx guys I intend to write 2 graham today I know I may seem slow 2 do this but I've alot going on in my personal life with my grandad as well as having 2 deal this all this since march of this year just need 2 ask a question as iam confused about something I was told yesterday I have a true copy of my credit agreement but it has no signature on it and the ammount doesnt match the orginal credit I got what does this all mean x

[Gbarbm]

Don't worry, you're doing fine; people on here will help you.

I found this on a solicitors website about CCAs;

 

Here are just a number of possible reasons that may make YOUR credit agreement unenforceable;

• There is no interest rate
  
• General details missing such as the number of instalments, due dates, amounts due or amount of credit
  
• There is no signature present on the credit agreement
  
  

So...it looks as if our very good friends at BAYV have hit at least 2 of those bullet points.....Ooh I see we have a BAYV representative looking at this thread!

Don't forget to write to the police....send it by recorded delivery....they were instrumental in allowing this person who was employed by BAYV and for whom they are vicariously liable, into your home.

[locutus]

I would also say that as the goods were mostly paid off, the CCA does not matter in regards to this complaint. Before trying to recover goods BAYV needed a court order.

 

Don't worry too much about how long it takes to sort this Kathryn. This is only money, personal life must come 1st.

 

You should keep things in writing with BAYV, if they phone you and offer something that tempts you, ask them to confirm what is said in writing.

[2ltr16valve]

I agree 100% with the above, 1st letter - 7 days. Then LBA - 14 days. Then court papers filed BAYV I think will drag this out for as long as they possibley can, hoping you will get dragged down by it all and throw in the towel.

THEY broke the rules and the law by taking the goods in the way they did, using the police as leverage ! Stick it to them

[BAYV]

Hi, can i just make sure that someone did contact you as promised yesterday? If not, please drop me a private message with your details so I can follow up with the Manager involved. Or if you prefer, you can speak directly to our Customer Services Director, Linda Davies. I can email you her contact details

Yours sincerely,

BAYV Many thanks BAYV

Iam glad I have my mam she has been fantastic in all this

 

iam also glad I have my family as they have tryed 2 help in what ever way they can 2 get me a telly

 

my mam also made sure I had a washer and I thank her 4 that

iam glad people can come on this website and get help off so many people and also people can see wat u get when u deal with bayv

 

this may make people think twice about using them

 

I have disscused with 5 people who live less than I 5 min walk from my house 3 in my street alone who have been rip off by bayv

and who now plan on taking them 2 court as I have given them the push they need

 

because of the cag as iam more aware now wat we can and cant do

 

I will keep all informed of what happens bayv are phoning me monday afternoon and will post straight after they have rang and keep every1 up to date

[kathryn26]

John did get back in touch with me and we have been talking the last few days 2 try and resolve this bayv I will keep u all informed of what is going on I have decided not 2 take bayv 2 court for money as I found out yesterday iam pregnant so the quicker I resolve the less stress it is on me and the baby x

[locutus]

Well, Congratulations Kathryn on becoming a mum again, and Karen on gaining more babysitting duties

 

The whole point of court is if things don't get dealt with fairly, you have that as a last resort. At the moment, with communication moving both ways I'd agree it is too early to say it will defiantly go to court, but I do feel if you hit an impasse, taking BAYV to court could be the least stressful way to go (as a last resort).

 

Talk things through with your mum, she sounds pretty clued up and obviously has your interests at heart, where BAYV would prefer you to just shrink into the background.

 

It's quite obvious if BAYV made a reasonable offer, this could end immediately, and both sides would be happy with the outcome.

[raydetinu]

BAYV, resolve yeah right!!!

not seen a satisfactory outcome yet unless TS get involved.

[BAYV]

Hi and thanks for the update. I followed it up internally myself to ensure the call took place.

many thanks

 

BAYV

John did get back in touch with me and we have been talking the last few days 2 try and resolve this bayv I will keep u all informed of what is going on I have decided not 2 take bayv 2 court for money as I found out yesterday iam pregnant so the quicker I resolve the less stress it is on me and the baby x

[Gbarbm]

Congratulations Kathryn on your happy news.

You have to decide to do what is best for you and yours based on your circumstances.

If you decide to accept any offers made by BAYV then just make sure it is in writing.

All the very best to you

[kathryn26]

I will do iam still waiting 2 hear back off bayv still but hope 2 have an out come soon

[MamaMoo]

Just remember that if they don't offer you a decent amount of compensation, going to court would be simple. You can file a small claim online via Money Claim Online for around £30. There would be very little stress necessary, and chances are BAYV won't even turn up, so you could win by default.

I'm 99.9% sure you'd win anyway as BAYV have broken the law and your contract, and as such you are ENTITLED to your money back. All of it. And I think it would be reasonable to expect compensation for the disgusting behaviour on top of this, from both BAYV and the police.

 

Good luck! Fight these scumbags so they stop doing it to others! X

[kathryn26]

I dont think it matters what u do they still wont stop doing it 2 others