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Bookie v Kays


Bookworm
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About 18 mths ago, Kays reorganised their accounts system. They changed customer numbers, statements etc... I can't speak for other people, but somewhere along the line, they screwed up my account: online statements were saying I didn't have to pay anything, paper ones said otherwise (but I didn't check them because I was checking them online and why check both, right? Wrong, as it turned out :mad:). I still paid them so I didn't have to cancel my SO with the bank, and all was well, or so I thought. I phoned them a few times to check about the non-payment thing, and was told it would get sorted, they had some teething problems, bla bla... Meanwhile, they charged me the wrong goods, deducted them, recharged them, that took a few phone calls to sort out so somewhere along the line, I didn't scrutinise what they were doing with their "reorganisation".

 

A couple of months down the line, they started wanting £600 minimum repayments a month, saying I was in arrears. But at the same time, the online statements were still not showing a problem and didn't for another few months.

 

Anyway, cut a long story short, they have been charging me £12 for a year now, and I was waiting for the balance to be sufficiently low and all the BNPL to be on to go after them (there is some method in my madness, lol).

 

So today, prelim went: 12 x £12 = £144, that should clear a big chunk off my balance when they repay it. :-D

 

I also have asked them to send me a cheque for my commission, as they have been withholding it because of the "arrears". Since the arrears in question are now solely due to their charges and my commission is 3 times more than that and I have kept paying them every month, I see no reason for them to withhold paying me, so I have given 14 days to comply or else.

 

More anon. :-D

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  • 2 weeks later...
;) Hey good luck with this one, I was going through some old paper work this morning and came across two lots of paperwork from catologues, bothof which I had had accounts with for a long time and both who put me in the hands of a dca when things became difficult. As my bank charges claim is on hold I am going to give these a bash. I only wish cag had been around at that time so I knew how to handle the calls instead of just breaking down into tears and shaking like a leaf. PAYBACK TIME
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  • 3 weeks later...

Damn, I thought I had updated the thread, but obviously not. :rolleyes:

 

Well, they sent me my commission cheque about 2 weeks ago, so their "in goods only" didn't last. :-D

 

Today, got a reply, which goes like this (I am not quoting verbatim, takes too long to type, lol):

 

We have made a full investigation, assessed your concerns and can confirm our findings as follows:

 

It is made clear in your T&C that we apply charges should you fail to make a payment and as such we are satisfied that the charges applied to your account are fair and reasonable.

 

we are aware of the OFT's position re fair charges and are satisifed that the charges applied to your account are justifiable in accordance with OFt and are fair within the UTCCR.

 

So no refund.

 

If you're not happy, you can go to the FOS, this is our final answer.

 

 

********

 

 

Ok then, N1 next... :mad:

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  • 1 month later...

I managed to get all of my late-payment fees refunded (all of £48) as well as the rest of my balance (about £80) from Kays. This was due to their sheer incompetence in granting the commission.

 

When they reorganised, they changed the T&C so that it makes it harder to earn commission. These changes are:

 

- raised the min payment to £20 before commission is paid

- no commission is paid on SALE items

- no commission is paid on discounted items

- everytime your account goes into arreats, you have to complete a form to allow future commission payments.

 

In my case, they received two copies of the form, but failed to pay commission on 3 occasions. Letters sent to Kays for the late-payment fees were rejected on the same T&C grounds.

 

Therefore I used the same T&C to argue that they had broken their own contract with me by not paying the commission that I was entitled to, and would be pursuing it as a breach of contract.

 

I would suggest anyone who has an issue with Kays, is to check whether they have paid the correct commission.

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I'm in a very similar position as SDuffield and bookie regarding payment of commision, they'v been witholding it for god knows how long depsite my account now being up to date.

I have decided to go straight to the top and email the CEO (in my experience it works nearly everytime) would anyone know who this is? I'm finding it difficult to trace??:)

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I'm in a very similar position as SDuffield and bookie regarding payment of commision, they'v been witholding it for god knows how long depsite my account now being up to date.

I have decided to go straight to the top and email the CEO (in my experience it works nearly everytime) would anyone know who this is? I'm finding it difficult to trace??:)

 

Mark Newton-Jones

 

Liverpool Echo.co.uk - News - Business News - Famous name on way out

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I threatend them with Breach of Contract and the Unfair Terms Act. My argument with them was even though they breached their own T&C regarding the none-payment of commission, I couldn't impose a "late-payment" fee of my own, whereas Kays could. This situation is in breach of the Unfair Terms Act.

 

It took about 10 phone calls, 20-odd emails and 6 different people before someone with an once of brain worked out that I could take them to court over the Unfair Terms.

 

Pam Read is very good. She is from the CEO's office, in Skyways House, Speke, Liverpool. Their contact number is: 0844 292 1000. It was Ms Read who managed to sort out my complaint.

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