Vanderpelt vs J D Williams

[Vanderpelt]

Well i have heard nothing and the date for beginning judgement falls either today or tomorrow, so will pop to the court to get them to start that process (which they probably wont till friday so that they can have the full time avaliable)

 

So watch this space

 

Van

[Vanderpelt]

Well went to the court and started the next process, they tell me it should be around 10 days, as the judge will see it between hearings.

 

What will happen next?

[Thailand]

Do they not intend to defend? (pretend defend)

 

Did you use MCOL or N1?. Sometimes it takes the Courts yonks.

 

The Courts are pretty useless imo, but you should be able to try and enter judgement and you've started that.

 

* The judge should either cut JD some more slack (only available to big companies - you'd get told to sling yer hook!)

 

*The judge will enter judgement in your favour.

 

*JD williams could apply to set aside, but I seriously doubt that!

 

*You get paid by JD or you send the bailiffs in.

 

* You send details of your new claim to JD (if not done already) grinning like a Cheshire Cat.

[Vanderpelt]

According to the court they have sent in nothing, so i have asked for the judgement to be made in my favour.

 

this apparantly will take 10 days or so, then we start the next bit

[Vanderpelt]

Well it seems despite me checking it twice, they HAVE defended (and will defend the whole of the claim), so as such i will have to await what happens next.

 

should be fun

[Thailand]

They won't really defend, it's pretend defend.

 

Sit back and await cheque.

 

Simples.

[Vanderpelt]

Well there offer and defence have arrived, They will pay the charges, and court fees, but not the DPA req and interest.

 

will throw up the letter later today

 

Van

[Thailand]

SAR request fee isn't really reclaimable...bit of a myth imo. Possible, but not that likely unless you are hardcore, or they just don't care.

 

Go for the interest at least, they will fold like a cheap set of novelty playing cards, and don't forget - you are in charge!

 

They do not want to go to court - it simply won't happen!

 

Dear Mr Williams (lol)

 

I will discontinue my claim when you pay the statuatory interest due on my claim, since I was deprived of that interest whilst my money was wrongly taken by yourselves.

 

Yours, Vanderpelt.

[Vanderpelt]

Thailand (or others)

 

here are the defence and one copy of there final letter, will write a responce and post later, but basically what you said above.

 

should i accept offer or continue

 

thanks

 

Van

 

4shared.com - photo sharing - download image JDwilliamsdefence.jpg

4shared.com - photo sharing - download image JDWilliams pg1final.jpg

[Vanderpelt]

Any one, as getting chasing post from JD williams, and also need to complete allocation questionnaire

[Vanderpelt]

Anyone at all?

[Thailand]

Totally up to you, if the interest is quite a bit then I'd want it, JD don't want to go to court.

 

JD Williams are hilarious! entering that defence (lol) and then settling. They can waffle about the OFT's statement and twist it to suit them all they like the eejits!

 

Dear Mr JD

 

I am in receipt of your latest settlement dated xx xx xx.

 

Unfortunately, I feel I am entitled to the interest I feel a court would award me since you had my funds, taken unlawfully.

 

If you have a Court date

I therefore require an extra £xx to settle my claim to the date of judgement.

 

If not

I require a further sum of £xx to bring this claim to a close.

 

My view of the OFT statement is that they won't take any action at the level of £12, and that doesn't make £12 unchallengable. I am prepared to ask in Court for a breakdown of how it costs you exactly £12 for paying a day late ecetera.

 

If you will send me this detailed information, I may discontinue my claim.

 

Yours..

[Vanderpelt]

Well it is another £300 give or take a quid or two, which is another card as far as i am concerned. So i say in for a penny in for a pound

I was going to Send the solicitor this.

I am in receipt of your latest settlement dated xx xx xx.

 

Unfortunately, I feel I am entitled to the interest I feel a court would award me since you had my funds, taken unlawfully. However I will accept the amount that has been asked for in the proceedings, and will not seek further interest to date.

 

My view of the OFT statement is that they won't take any action at the level of £12, and that doesn't make £12 unchallengable. I am prepared to ask in Court for a breakdown of how it costs you exactly £12 for paying a day late.

 

If you will send me this detailed information, I may consider discontinuing my claim.

 

Yours faithfully,

 

 

(plus any ideas where i can look up how to fill in an allocation questionnaire )

[Thailand]

 

I am in receipt of your latest settlement dated xx xx xx.

 

Unfortunately, I feel I am entitled to the interest I feel a court would award me since you had my funds, taken unlawfully. However I will accept the amount that has been asked for in the proceedings to date of settlement?, and will not seek further interest until the date of judgement, which I feel I would win.

 

My view of the OFT statement is that they won't take any action at the level of £12, and that doesn't make £12 unchallengable. I am prepared to ask in Court for a breakdown of how it costs you exactly £12 for paying a day late.

 

If you will send me this detailed information, I may consider discontinuing my claim.

 

 

Yours faithfully

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

[Vanderpelt]

the amount to settlement is a few pence, and i thought it might be easier to let that go

 

thanks again for you help Thailand, i think you have really helped me through all of this

 

Van

[Vanderpelt]

Well letters sent and the AQ are to be done tonight! so hopefully well get a better offer and then can square more debts!

 

HURRAH

 

now to review the Cap one stuff for my wife and begin the beating process there

 

V

[Thailand]

Got to love they way they attempt to make you feel that they have already been suitably 'put out' haha. Go get 'em. They shouldn't be money-grabbing cheats...should they.

[Vanderpelt]

Well after some lovely games of brinkmanship they have agreed to pay it all, i have signed and sent back the forms and also asked the court to stay until i get cleared funds.

 

hopefully this will all be done soon

 

thanks

 

Van