JD Williams - i wont pay their unlawful late fees - ombs agrees!

[PastIt]

Not sure if I am in the right place, first time user! Anyway, does anyone know how I might stand right now. Last year I incurred two £12 charges for apparent late payment, they arrived on the same day. I paid up my account in full within a month minus the £24 and sent an email to say I didn't agree with charges, they replied that I had to. They have since been chasing me for this money plus a lot of interest. I did contact FOS who wrote to them on my behalf, they replied with an offer for me to pay just the £24 and I have replied that I still don't agree with it. What do you think?

[dx100uk]

good for you

 

keep it up.

 

dx

[PastIt]

Received a letter yesterday which couldn't have possibly crossed with mine where they state that the £24 is arrears (which they aren't) and that I have until 3rd May 2011 to pay or else the account will be passed to normal collections activity. Also enclosed is an acceptance form that I am supposed to complete and return with the money. If I wish to discuss this account I can telephone them (no point). Letter ends with the comment 'I trust this clarifies our position'. Still not sure if I must pay this money, although I think not. Should I just send everything to FOS for their help?

[dx100uk]

no def not

 

they are a 'penalty charge'that have not been negotiated with the consumer and as such are unlawful and can be reclaimed.

 

i think it might well be an idea for you to have a read around

 

although not specific to your issue

 

sequenci's blog in my sig is worth a read.

 

i'd also goto this forum homepage and do some reading of some other like threads.

 

dx

[dpick]

Hi dont know when you started your account but if prior to April 2007 they may not have a signed agreement and you would be able to reclaim all interest applied to the account as no agreement to apply interest. Please have a look at the link to my claim against J.D. Williams it shows it can be done and difficulties they can make.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?104426-dpick-oh-v-reliable-collections-jd-williams&highlight=

 

dpick

[silverfox1961]

Just a thought here.

 

When you piad the account off, JD would (in all likelihood) put part of your payment to the charges and the rest to the debt owing which would leave the account in arrears.

I would ignore the FOS and start a reclaim of the charges

[PastIt]

Thanks for your advice, will definately have a read around site!

 

PastIt. 8-)

[PastIt]

Hi! Unfortunately my account was opened in 2009 online, but I never actually signed anything although I probably clicked on something that means the same? Don't know how I would stand on that one. However I will look at the link to your claim, everything helps and I just want them off my back.

 

PastIt

[themadcap]

Yes Fox, they take any payments made off the default charges first and not off the actual balance, ie if 2 £12 charges are added and customer pays £50 off bill then £24 is allocated off the charges and £26 off the outstanding balance, they will then try to argue any interest incurred was not on the charges as they were paid off in the next payment, I claimed for a relative and charged them the 39.7% + the CC int @ 8% and won.

Just a thought here.

 

When you piad the account off, JD would (in all likelihood) put part of your payment to the charges and the rest to the debt owing which would leave the account in arrears.

I would ignore the FOS and start a reclaim of the charges