Vanderpelt vs J D Williams

[Vanderpelt]

Hey guys just looking for some advice really,

 

have started on my 2 catalogues (Naturally Close & Premier Man) who are both trading names/styles of J D Williams. I have written once asking for around £1,100 back for these two accounts and they have kindly given me back £40 on both (oh how generous of them). Just a few questions.

 

1) Has anyone had any success against them?

2) Do you have to go all the way to court to get the money out of them? also if they repay all the charges money, but not interest (as that is court issued) can you go to court solely for the interest?

 

Thanks for you help

 

Van

[Thailand]

£40? LOL. I know plenty of people who have claimed all of their unlawful charges back. Write to them giving them warning that if they don't pay them all back, you'll commence a small claim. I don't know of a template I'm afraid. Accept the £40 as part settlement or just knock of your claim amounts.

 

I don't know of an occasion where they have turned up in court (they know they are in the wrong).

 

If they pay up before court, you can't be awarded interest unless you attend as you infer, but you could be funny about it and say you want it heard in court unless they pay it - as you have been wrongly deprived of any interest you could have made on your own money had they not helped themselves to it.

 

Glad to be corrected!

[Vanderpelt]

Thanks for the help, they ae dragging their feet (to be expected)

 

And i was wondering does anyone know where i can find a good POC for these guys as my timeline says i should be suing next week !!

[Vanderpelt]

Well, i have had there final responce, which offers to clear the outstanding balance on the acount (£271.66) I have asked for £595 so it will be £200 short.

 

Anyone else had any luck

 

Van

[Vanderpelt]

Anyone at all?

[Thailand]

I have never done a catalogue claim, but did they stipulate 'full and final settlement'? If they aint accept it and carry on at them.

 

If they did I personally would refuse it, but that's up to you. There is nothing in it left for them, they know they are guilty.

 

I'd have a good look around for a poc, but I've PM'd someone who might be able to help.

[steven4064]

Catalogues are not really different from credit cards or store cards. Use a POC like my GE or Goldfish ones

[Vanderpelt]

4shared.com - document sharing - download BCAPRPRT16113.pdf

 

 

here is the letter that they sent, if someone could have a read and help me on this one it would be great, they are offering £200 less than i have asked (in charges paid alone)

 

thanks

 

Van

[Thailand]

Usual bull, don't pay any attention. The OFT said it would not intervene at £12 or below (why JD charge £12). It doesn't make their admin fees a true reflection of their costs (which they must be). These people love money more than anything else, think about why they are willing to wipe your balance.

 

Write back accepting part settlement saying Court claim will be submitted 27th May, or start the claim now as I don't think they'll change their mind. These people will likely keep pretending they are in control until you take it from them!

 

Use Stephen's POC above and just amend it to fit your claim.

 

https://www.moneyclaim.gov.uk/csmco2/index.jsp

 

Shout if your wife is on any benefits as you can apply for remission (free or reduction in Court fee) and you'll get that back off them on winning.

 

Nothing is 100%, but I'd be very surprised if you lost.

 

keep us up to date.

[Vanderpelt]

Cool when i get home i will show you the charges and interest i had worked out, so if they have paid off a certain amount of charges do i take them off the oldest and only claim for the remainder ?

 

hope that makes sense

[steven4064]

You can do it one of two ways - either take them off the claim or leave them on but note in the claim that soem of them have been paid. The second option underlines the fact that they must know the charges are not lawful so why are they not paying the rest back too?

[Vanderpelt]

4shared.com - document sharing - download Charges for both Accounts, Online.doc

 

 

here is the charges list, so do i state that they have repaid XXX (what ever that happens to be) but seek the balance of Charges and interest?

[steven4064]

yes

[Vanderpelt]

Cool ( i like short and to the point, i will throw something together and stick it up if i may).

 

Also i have claimed on another JD williams account which they have remained silent on, should i also just go to court with that one as well?

[steven4064]

why not?

[Vanderpelt]

No particular reason, just needed it all straight in my head i suppose

[steven4064]

Go for it then

[Vanderpelt]

4shared.com - document sharing - download POC - Naturally Close.doc

 

 

Here is the poc for them, good enough to go with ?

[steven4064]

Unless you wanted a bit of fun and go with compound interest instead of s69 - look at the POC in my Goldfish thread

[Vanderpelt]

I did consider it, but to be honest, my wife is a bit nervous about all of this anyway (as we have lived under this cloud for a number of years) and i think that it would make her happy to get the money back and a little interest, then possibly have to go to court to argue my case (and what responsible husband would case his wife distress, i am brave not stupid)

[steven4064]

The chances of it getting to court are about the same as Hazel Blears being in the cabinet next week!

[Vanderpelt]

Right got the cash, so to court i go

[Thailand]

Go get 'em!

[Vanderpelt]

Well court papers have arrived so should know by the 15th of June one way or the other.

 

heres hopping.

[steven4064]

The chances of it getting to court are about the same as Hazel Blears being in the cabinet next week!

OK, two weeks