Ace Cards and Gifts Mail Order Co.

[xoxnitaxox]

Having been 'in the red' with this company for... possibly two years I set upa payment plan and am currently paying reduced amounts... BUT I failed to noticed before that a couple of years back "payment protection" kept appears on my statements. I never agreed to this payment protection thing going on the account and with other companies this has always been an opt in thing. Anyone any idea as to if I can claim this back (along with my charges) as I never agreed to having it on there in the first place. I wouldn't bother if it added up to a small ammount, but we're talking £50 a month for like 2-3 years.

 

Any help would be appreciated.

 

Cheers.

[xoxnitaxox]

OK so I added the Payment protection on there, and having found something in their catalogue that actually says it is optional added an additional note to the prelim letter, which i posted yesterday - annoyingly the amount they owe me is not far off what I apparently owe them! Grr! Still, I guess if they pay up, I can at least get rid of that one big debt.

[Andrea1967]

Hi, I take it you are suing Ace for excessive charges? Is this in the same way as we do for the banks? I had an account with these and it went into a mess, resulting in a default on my file. I have found them extremely aggressive in the speed at which they go to debt collection, litigation etc.

 

A few months back I was really on my uppers and I virtually begged them to review my file and remove my default (as I was in an agreement to pay them £40 per month by standing order anyhow). The default was creating me huge problems in getting out of a dire mess (its all in the Nationwide forum!) The most miserable man sent me the most spiteful letter ever. He was so happy to be able to score a few points and gain some kind of assumed moral high ground with me it, made me feel sick. I will write back to him and tell him to remember me should he ever fall on hard times!

 

Anyhow, good luck with getting back at them - hope you succeed. I will watch your thread as I might just do the same. As they say... he who laughs last etc

 

Best regards

[xoxnitaxox]

Hi Andrea,

 

I phoned them yesterday to ask if they had recieved my prelim letter - they passed me about a bit, then I got a woman on other end saying I'm not sure what you want. Said all I phoned for is confirmation the letter arrived and was being dealt with. she got all arsey when I answer the question "what was the letter about?" Anyways... tells me they will not refund the charges, that a letter had been sent out to me saying as much. I said in my ever so happy tone "okies, I guess you'll just have to wait for my LBA then" she just went "oh, err, well.. erm... ok, bye". and hung up! So waiting on that letter arriving then I shall be sending them the LBA - upto them then

 

All these comnpanies are the same - most catalogues i have debts with turn out to be part of the same company... under a diferent name. When they send me the DPA form to fill in I looked over the list and thought what the hell half my creditors are listed here. Still, suppose it meant only having one £10 payment to make - having said that Ace didn't cash the cheque for themselves... they cashed it but put the money straight onto the account - which means im £10 less in debt with them.. how nice! I'm babbling! Will let you know what happens anyways.

[xoxnitaxox]

OK so... Having sent my PRELIM letter - deadline was yesterday - Hadn't heard anything but before sending LBA thought I'd give them one last chance - phoned them up at 4pm yesterday - was told they close at 5pm but a manager would definately phjone me back before then. Waited til 4:45 then phoned them. Was told £367 was credited to my account on August 2nd - Fine I said... When would the rest be credited? She said it won't be. So I said well I'll be sending the LBA then. Still, the fact that they credited the account shows they know they're in the wrong.

[xoxnitaxox]

Letter in post this morning to advice me of money that had been credited to account. Mentioned that they weren't willing to pay back the payment protection charges even though I clearly stated whenever asked, that I wasn't interested in adding this to my account. Anyways - phoned em when I opened letter and said I never asked for PP to be added and they should have asked for my approval. I wanted the money back - plus the interest or I'd be seeing them in court. She disappear for 5 minutes, came back and said Spoken to manager who has contacted PP team and the money will be reimbursed. BUT they can't sort out the interest until the other two credits have been issued.

 

One has - I checked. As soon as the other has been issued, I'll be back on the phone. Seems I may not have to even send the LBA.

 

Lovely.

 

Andrea - I just amended the letter intended for the banks. BUT - You may not have to send that - If you phone them and say you want a trading statement. They will send it to you without charge. Go through - work out what they owe you - use the letter (intended for banks) to request they pay you back charges - It hasn't really took them all that long to reply - although I've been on their backs a bit. Who cares... they're quick enough to be on ours, right? If you're still in debt with them, they will make any payments directly onto your account - still... suppose it gets the debt down a bit huh?

 

If you do go after them, I wish you luck.

[Rich44]

Can I just make a suggestion and I dont mean to be rude but you're probably best to not bother phoning them do everything via post in writing that way they cant say something and then weasel out of it later (unless you record them of course) but generally speaking its much easier to not get bamboozled etc on the phone and makes your case seem much stronger etc plus when you inevitably end up heading towards court you have some lovely paperwork to present to aid your argument, typed up phone conversations dont look as good tbh.

 

Good luck

[xoxnitaxox]

Thing is though - Unless I phone I don't seem to be getting anywhere - Have a few companies still giving me the run around - actually... in total there are 8 different accounts in dispute - only the one has come this far - the others are all giving me cock and bull stories to keep me quiet a bit longer. It's sodamned annoying. I do however, now try to be polite :-P

[keatergreyhound]

Hi Guys

I can confirm that they do pay out but in gift vouchers

All £180 arrived this morning for me

[xoxnitaxox]

If you owe them though - they pay it off your account. Which is OK I guess. Sent my LBA to them as they were refusing to pay anything other than the bit they'd put on the account. They recieved it yesterday so

[xoxnitaxox]

Deary me! They're still refusing topay up - sent that LBA a bit ago now, they've not bothered to reply yet - and having checked my account - haven't credited anything. There excuse so far is that the PP on the account won't be refunded, even though I never gave permission for them to add this to the account... and on numerous occasions requested it be removed. Also refusing to pay interest on the money they've already credited to my account. Blah!

[xoxnitaxox]

Well having paid up just under half what they owe me - seem to have come to a standstil - I filed at court first thing this morning. We'll see what happens now!

[sam19677]

Hi this is my 1st post and I don't no if I'm in the right place! I've had quite a few late charges applied to my catalouge accout (Fashion World) over the years can I claim these back like with the banks? Is it the same process ie asking for statements etc? I would appreciate any help. Thank youi

[xoxnitaxox]

Hiya,

 

If I'm correct (and you need to check this to be sure) Fashion world are part of the same company as a lot of other catalogues. Their all working under "JD Williams and Company Ltd".

 

If so, yes, same process (or at least that's how I did it).

 

Address for Subject Access Request is:

 

Mr P Harland

Data Protection Officer

JD Williams and Co. Ltd.

Griffin House

40 Lever street

Manchester

M60 6ES

 

Telephone:01612382000

 

You have to be like SUPER clear on what you want from them. They managed to make my request go over by several weeks by stalling for one reason or another. I've not added up charges for them yet - so you'll probably get further - faster. Soon as I get chance I'll let you know what's happening. Good luck anyway - and keep me posted

[sam19677]

Hi thank you so much for your help. I've only just found this site is'nt it great? I used to be a ebay addict but now i'm addicted to this! Can i send the letter from this site asking for my past statments and do I have to include £10? sorry for so many questions but it's a bit confusing. I'll let you know how I get on and good luck with your claim x

[xoxnitaxox]

Hiya,

 

Before you do anything I suggest you read through the FAQ (link on main forum page) - All the answers seem to be there - There's a step by step guide somewhere (I'd link but am writing this in a hurry as am really busy )

 

But - to answer your questions

 

You can send the letter from here - but amend it slightly as it refers to banking anf yes - send a £10 cheque with the letter. Also - I suggest you send it recorded delivery. That way you can see when it was signed for and start your 40 days from then.

 

Nita x

[sam19677]

thanks halifax is next xx

[jellybabe]

hi, i claimed against studio, which i believe is from the same sort of Ace catalogue.

They paid me back in Vouchers to be used against future orders.I sent them back asking for cheque, as my payment was taken in pound sterling i will expect the same of them.They actually sent the cheque out, but hey what....no interest! I also noted that they added ppi on numerous occasions, not every months, just when they felt like it i suppose.Thinking now if i claim back the ppi and interest through moneyclaim or not??

[xoxnitaxox]

Studio is Ace It's amazing how many different catalogues are all from the same company - Littlewoods have about 20 different trading names! Nice thing about that is - only one £10 fee.. lol

 

Personally - I say if they can take it - without gaining authorisation - then they should be willing to give it back. Payment Protection is an optional thing. You either want it or you don't. I've had to fight them all the way so far to get anything at all. They paid back about 6 Payment Protection charges so far (although no interest). I filed at court against them... fed up of being fobbed off. They're extending things by offering small amounts. Can't go on like that forever.

 

It's your choice, but if you do go after what is rightfully yours... a)be prepared for a fight - and b) GOOD LUCK!

[jellybabe]

well, i would be at mcol stage now.As i had received some of the money after my LBA.It be great if you could show me what you written in your claim particulars....if you don't mind, of course.

Not sure how to word everything with the ppi and all that.

[xoxnitaxox]

I'll post the particulars of claim later (in middle of packing boxes, but can't resist seeing who's emailing lol. either that or it's an excuse to have 5 minutes!!) They were all basically the same (as the one posted on this website) plus some additional points and a bit of re-wording.

 

Will post later though - as soon as I get chance to find the copy I made for myself.

[jellybabe]

great!thanks!off to nightshift now, will check tomorrow.

[xoxnitaxox]

Sorry I took so long (moved PC and couldn't get network back up and running!)

 

Anyway - Particulars:

 

1. The Claimant has an Account [account number] ("the Account") with the Defendant which was opened on or around [date].

 

2. During the period in which the Account [has] [was] operating the Defendant debited numerous charges tot he Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on those charges. Furthermore, the Defendant applied payment protection to the Account without gaining authorisation from the Claimant. The claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of amounts debited in respect of charges and the interest on those charges in the sum of £xxx.xx

b) Court costs;

c)Interest persuant to Section 69 County courts Act as set out on the attached list of charges or at such a rate and for such periods as the court deems just.

 

(you mentioned that they had paid back some of the money.. so)

 

The Defendant has paid back £xxx.xx but refuses to pay to Claimant monies taken for Payment Protection, nor is the Defendant willing to re-pay the interest charged on this.

[jellybabe]

just got in from nightshift.Great particulars,if you don't mind i will use that for my claim aswell.Of course,edited with my details.

Thaks again for that.

[xoxnitaxox]

No worries - Good Luck!