Catalogue Charges court claim

[avocados]

Hello

 

I think I have to take Ambrose Wilson to court to get my late payment charges back.

 

I have been writing to them since the summer

but they just ignore everything I send them.

 

They ignored my information request and endless reminders for a list of charges,

 

so I had to file a complain with the ICO.

 

I copied Ambrose Wilson into the email I sent to the ICO and then got a reply from AW within 24 hours with full list of charges!!

 

And a denial that they have been ignoring me saying that they had sent them months ago

(lies! They never wanted me to have them until I forced them to by complaining to the ICO)

 

I asked for my charges back using templates from here and they have gone back to ignoring me again.

 

So I gave them 7 days notice of legal action and no response again.

 

So I am having to take them to court .

 

I have a few questions please.

 

* Do I claim against Ambrose wilson or JD Williams and Company Ltd?

 

* Have I got the interest they have charged me correct?

I have calculated using 34.1% on the interest spreadsheet.

It says 2.84% on my statements which I assume is every 28 days.

I can't remember where I got 34.1% annually from.

 

* I need particulars of claim. I have found some on this thread here

http://www.consumeractiongroup.co.uk/forum/showthread.php?349051-Very-NDR-catalogue-PENALTY-charges-reclaim-filing-for-court/page3

page 3, post #53

But you are only allowed 1080 characters which I don't think will fit???????

 

Thankyou in advance for your help

[citizenB]

You should be able to reduce your online claim to the amount of characters permitted. You can then send a fully particularised claim to the defendant.

 

I will ask someone to look in on you with further advice.

[avocados]

Ok Thankyou and also Thanks for the speedy response CitizenB!

[slick132]

Hi Avo,

 

A look at the catalogue site of Ambrose Wilson shows this in a Legal Notice:-

 

J D Williams & Company Limited trading as Ambrose Wilson

 

That is the full name I would use on claim form Form N1.

 

Using the converter here, I get an APR of 39.94% or a non-compounded figure of 34.13% - http://www.stoozing.com/calculator/apr-rate-converter.php

 

I'd use the higher figure and a compound interest spreadsheet, if claiming restitutionary interest.

 

[ericsbrother]

Dont forget to claim interest at taxation- which is legal verbiage for adding interest on money owed at 8% simple interest

so, if you have paid penalty fees and charges of £100 18 months ago you claim the £100 plus £12 interest and further interest at 2p per day from the date of the court claim.

Calculate what was paid when and then add the interest. They may well wish to remember where their cheque book is then and offer the refund you were originally claiming.

[slick132]

If Avocados claims restitutionary int't, there's no justification for claiming s.69 Stat'y Int't on top, apart from claiming it from the date of claim up until settlement.

 

An easy way to calculate the daily rate at 8% is to multiply the total claimed of interest and charges (but not court fees) by 0.00022.

 

[avocados]

I did receive a response from them saying that they reject my complaint. But I am sure it was weird saying write back to us if you don't agree with the decision?

 

I received this about a month ago but I have not had chance to get back to it, but I think I should reply with a Letter before action and see what they say to that. I'll post up the exact wording shortly when I find it.

[slick132]

Hi Avacados,

 

The LBA is simply your Prelim letter sent again with an updated Schedule of Charges and interest, plus the heading of Letter Before Action.

 

While you wait for the final 14 days, research about taking court action, and the Particulars of Claim.