Buy as you view companies - Massive problems

Vixtaa

I'm unsure if this is the correct place to put this, have looked through the available forums and this seesm the most suited, but if it is in the wrong place please move it

I originally wrote this for a 'free legal advice' website...but it turned out the legal advice was not infact free but they wanted money before I even got an answer so I thought I would try here as a lot of people seem to know a lot about the law etc.

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Hello, my mother in law is having massive problems with a buy as you view company.

Basically, she got a TV off them years ago and paid it off. The she bought a laptop from them for a birthday present. they attached a box to the side of her TV that restricted her TV viewing to 4 hours per pound she put in so they could collect the monthly payments on the laptop from there. They came every month to empty it, and gave her the difference or asked her for the difference between what was in the box and what she was meant to be paying each month. At this time there was a man working for them who has since been fired for stealing from both the company and the customers, this was the man who collected my mother in laws money. Every time he came he told her she was over £100 short(after collecting the hundred or so pound that was in the tv box also) and she passed over the extra money. She never got a receipt from this man.

A few years later she asked them for another laptop, they told her she could not have another one until she had paid off the current one. She made a few more paymets and then they gave her the new one, saying she HAD paid off the first one. So it went on, she was putting money in the box, plus handing over ridiculous amounts on top of it to this collection bloke. During this time she also bought a washing machine and a hoover from this company. A few months ago this man was sacked for stealing, no investigations were made as far as we are aware, the collections person just changed. I am sure this man owes my mother in law literally thousands for what he ripped her off, but the company will say nothing at all about it.

The washing machine broke 6 months after she bought it from them, so it should have been under warranty still, however they refused to fix it. She got a second hand washer for free from a mate, so threw the useless broken one out, even though the company should have fixed it, especially as she was still paying for it.

Now, the company has decided that they want the TWO laptops back from my mother in law or she has to pay them a fair few thousand in cash to pay them off. Their reason being that she has not paid one laptop, or the washing machine in full. She does not have the washing machine to give back to them because as I said, she threw it out after being told that they would not fix it despite it being under warranty. One of these laptops that they are demanding to have back is paid for, in full. This cannot be disputed as she would not have been allowed to recieve the second laptop unless the first was paid off. But because she does not have the washer anymore, they reckon she HAS to give them the other laptop, despite her paying off a lot more for the laptop than what they wanted for the washer(that broke within 6 months)

I would like to know where she stands legally on this. I'm pretty sure they cant ask her to give back something that she has paid for.

I would also know where she stands legally on this collection bloke who was stealing from her for about 3/4 years. I am not sure, as she has no receipts to prove anything that she gave him, but surely the company must take some responsibility for employing a thief? As with the extra money he was taking from her, she would have paid everything that she has ever got from them off probably two times over.

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If she goes to court, she will have to pay everything thats on file back, she understands this, but it will be at a reasonable weekly/monthly amount. She is on benefits so cannot be paying over the odds, the original weekly payments were fine for her, until the extra started being added on. And now they have just out of the blue decided they want everything back. Sorry if this seems quite hard to understand, I will answer any other questions needed to try and sort this horrible situation out

Thanks in advance for any help/advice.

FireWyrm

God, tell me this wasn't the UK?

Right. First, you need a written statement of account from the company. Every payment made, official or not. She needs to write to them and demand this...don't ask, demand. Go through her bank statements and find every instance of overpayment and correlate it against supposed official payments. Stop paying these people and explain in the letter that she believes she has been the victim of theft by a company representative and until she gets satisfaction, she will not pay a penny more. Be prepared for a fight, but if it were me, I'd be talking to the local and national papers as well as the CAB, police and OFT. Start now...good luck

Vixtaa

It is cash they collect in, there is nothing to be shown on bank statements

Yes it is a uk company too.

RAS

Do a Subject Access Request - it cost £10 and they have to produce every bit of informnation they have on your MIL's accounts.

Also get hold of your local Trading Standards urgently and report this load of shisters. Sheneeds to make a formal complaint.

Do this company have a credit licence?

Vixtaa

RAS wrote: »

Do a Subject Access Request - it cost £10 and they have to produce every bit of informnation they have on your MIL's accounts.

Also get hold of your local Trading Standards urgently and report this load of shisters. Sheneeds to make a formal complaint.

Do this company have a credit licence?

This is the company

(I cant post links apparently as Im a newbie, but google buy as you view and its the first link there. bayv.com)

Massive well known company.

I dont know where to find out if they have a credit license or not, but I would assume they would since they are pretty much the best known credit company going.

FireWyrm

Christ on a bike!

Ok, do as RAS says but start a parallel complaint with trading standards. Do not pay these thieving !!!!!!!s another penny. Demand a statement of account, even if they collected cash, there must be a record and if there isn't, it's criminal fraud. Remember, if they arnt playing by the rules, you don't have to either so ignore their threats, let them take you to court and have fun explaining their criminal activities to a judge in open court. Get all the heavy weight consumer friendly agencies on your side, including local MP, papers, and anyone else you can think of. With a bit of luck, someone might help you prosecute them instead.

RAS

That URL does not seem compute. can you write again.

FireWyrm

RAS wrote: »

That URL does not seem compute. can you write again.

Try this RAS : http://www.bayv.co.uk/content/products/tv-dvd-audio/televisions/buy-as-you-view-televisions.ashx

Update : a quick google shows that this bunch of shysters are well known to TS and there are tonnes of complaints on line. How ticked off is your MIL? Is she prepared to go all the way with this lot?

Vixtaa

FireWyrm wrote: »

Christ on a bike!

Ok, do as RAS says but start a parallel complaint with trading standards. Do not pay these thieving !!!!!!!s another penny. Demand a statement of account, even if they collected cash, there must be a record and if there isn't, it's criminal fraud. Remember, if they arnt playing by the rules, you don't have to either so ignore their threats, let them take you to court and have fun explaining their criminal activities to a judge in open court. Get all the heavy weight consumer friendly agencies on your side, including local MP, papers, and anyone else you can think of. With a bit of luck, someone might help you prosecute them instead.

They are apparently due to come out tomorrow to collect the laptops. I have advised my mother in law to come to my house, and me and my partner will go to hers and wait for them, as she gets very upset at the way they speak to her.

I will request a statement of her account tomorrow also, and if nothing comes I will contact the company direct.

I have just finished lodging an online complaint with trading standards so await the outcome of that.

I have no experience whatsoever of dealing in things like this to be honest, and am very confused by it all. You say contact the local MP? How would I go about doing that?


Edit. About the statement of her account. I actually have her on the phone right now, and she says she has asked for this a few months back. They told her SHE should have the receipts of all transactions(even though the collections agent never gave her one), she cannot have a statement, and if she doesnt have the receipts its her fault.

Also, is there anything else I should say to the collections agent tomorrow morning?

FireWyrm wrote: »

Try this RAS : (removed as I apparently cant even quote links )

Update : a quick google shows that this bunch of shysters are well known to TS and there are tonnes of complaints on line. How ticked off is your MIL? Is she prepared to go all the way with this lot?

Yes, she is willing to do whatever it takes, after a bit of persuasion. originally her plan was to just give them what they asked for in the hope that they would leave her alone, but eventually her son has persuaded her NOT to just allow herself to be ripped off even more for the sake of an easier life.

RAS

Thanks

So you can buy one of these laptops on Amazon for about £250 or pay £700 to pay per view? Like brighthouse on steriods?

They have a consumer credit licence number 0016513 http://www2.crw.gov.uk/pr/default.aspx

OP, they have to prove that your MIL owes this money, not the other way round.

So you need that SAR letter.

I suggest that she isn out tomorrow when they turn up.

RAS

There is a template letter for a subject access request here http://forums.moneysavingexpert.com/...39&postcount=9 (thanks Tixy)

Send two copies from different post offices, with certificates of posting for both. Judges assume that one letter might get lost but never two letters.

They have 40 days to produce everything they have on MIL including statements.