JD Williams Help

[vjohn82]

You can disagree... we all have opinions so don't be sorry

 

From my experiences they act tough but if you go down the proper complaint channel they give in... no need to mess about with the courts IMO if you can do it outside of that process.

 

Each to their own of course

[kibby]

Who did u complain to??

 

How did long did it all take before JD Williams gave in?

[vjohn82]

Who did u complain to??

 

How did long did it all take before JD Williams gave in?

 

6 letters in total... final letter was from a solicitor acting for JDW... I can photobucket the letter they sent on here if you like? It took around 7 weeks in total from memory

Edited May 19, 2009 by vjohn82
spelling

[kibby]

Sounds good i'll do that if you can help me please

 

Should I reply to their letter offering me to close the account off and tell them im not interested?

[vjohn82]

Sounds good i'll do that if you can help me please

 

Should I reply to their letter offering me to close the account off and tell them im not interested?

 

They do eventually cede their position... especially if you get to the right people.

 

I would write a letter directly to customer complaints similar to the one I sent to them...

 

Service Resolution

Home Shopping Direct

Griffin House,

40 Lever Street,

Manchester,

M60 6ES

 

 

Account Ref: ########

 

Dear Sir/Madam,

 

I refer to correspondence sent by Reliable Collections on 10 March 2009 (-ref- FR04/A/7670) with regard to a payment arrangement on the account named above.

 

Due to recent media coverage on unlawful penalty charges I am aware that you, Fashion World, have charged me administration fees for a number of late payments. I believe these charges are contrary to the Unfair Terms in Consumer Contracts regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms which may be regarded as unfair.

 

I believe that your charges are disproportionately high and therefore they are contrary to the terms in the Consumer Regulations 1999. In addition I believe that your charges are a penalty; penalty charges are irrecoverable in case law. The precedents for this are:

 

a) Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co. ltd (1915) AC 79.

 

b) Murray v Leisure Play (2005) EWCA Civ. 963.

 

c) CMC Group Plc and Others v Zhang (2006) EWCA Civ. 408.

 

It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual or real loss.

 

 

I do not currently have the statements which have totalled these administration fees but from my online account, which only details the past 6 months worth of transactions, there are a number of fees as shown below:

 

 

 

 

13/02/2009 -- -- ARRANGEMENT FEE -- Balance Adjustment £26.38

31/01/2009 -- -- FOLLOW 8 2.600% AMOUNT DUE 75.03 --

Service Charge £5.20

31/01/2009 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

31/01/2009 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

17/01/2009 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

04/01/2009 -- -- FOLLOW 4 2.600% AMOUNT DUE 65.26 --

Service Charge £4.56

04/01/2009 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

06/12/2008 -- -- FOLLOW 4 2.600% AMOUNT DUE 55.49 --

Service Charge £3.92

06/12/2008 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

06/12/2008 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

08/11/2008 -- -- FOLLOW 3 2.600% AMOUNT DUE 45.72 -- Service Charge £3.83

08/11/2008 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

08/11/2008 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

10/10/2008 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

10/10/2008 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

10/10/2008 -- -- FOLLOW 2 2.600% AMOUNT DUE 35.95 --

Service Charge £3.21

 

Total administration fee charges since 10/10/2008: £120

 

Total arrangement fee charges since 10/10/2008: £26.38

 

 

I am disputing the administration fees as in line with the case law subjects named above and the Unfair Terms in Consumer Contracts regulations 1999, schedule 2 (e). The arrangement fee is also incorrect for two reasons:

 

1) It is based upon 10% of the balance which is made up of unlawful administration fees.

 

2) I made no such arrangement to pay on that date with Fashion World. I made an offer to pay a certain amount but the figure was rejected during the negotiation. Therefore this charge should be removed immediately.

 

I have no doubt that there could be additional administration fees placed on this account and I would urge you to find them all and remove them from this account. My options, as it currently stands, is to make a Subject Access Request for the statements and then send you an updated list of all the unlawful administration fees, which I will not be paying, or I can have faith in the idea that Fashion World are honest enough to alleviate all of these charges.

 

If you refuse to comply with my request then I request proof of all costs involved in regards to your actual or liquidated losses involved in any breach of contract to which these administration charges relate. I would also ask that your provide proof these charges reflect your true costs and are proportionate to the charges levied on my account as defined in the Unfair Terms in Consumer Contracts regulations 1999 Schedule 2 (e).

 

 

Then it's a case of waiting to see what they write back... when they do I have another letter which you can send depending on their reply. Generally they send these ones straight to the company solicitor and due to them being unable to prove their liquidated losses they eventually have to give in as they know it won't stand up in court. Sometimes they reply stating that the FSA waiver does not apply to catalogue agreements; it's an easy reply to that... bascially you state that means court action is open to you

 

Anyway... modify the letter to your own needs (especially the charges ;-)) and then see how you get on. If you go through service resolution they have to respond in line with their complaints procedure.

 

Good luck.

[Nagasis]

Are you going to deal with the info/default recorded on the cra's? If the charges add up to more than the balance then the info is inaccurate and should be removed.

[vjohn82]

Are you going to deal with the info/default recorded on the cra's? If the charges add up to more than the balance then the info is inaccurate and should be removed.

 

Ok... the first thing to say is that at the present time the balance and default is correct from the perspective of JDW.

 

However, once the account has been refunded the charges you can then request to the company solicitor that the account is updated with the CRA's and the default marker removed. Then the only position to negotiate is how much to pay each month in order to clear the actual balance. They will also adjust the account to remove interest and the payment arrangement fees as they would have been calculated as a % of the capital balance and fees.

 

I managed to do this all once I had had confirmation from them that they would be removing the admin fees.

[kibby]

I dont no if there is a default because its my mums account and I cant check her credit report