JD Williams / What do I do?

[Never-In-Doubt]

Re: JD Williams / What do I do?

For the benefit of others, there are two accounts so I am re-jigging the template to send! Give me ten mins for updated version to be here

[Never-In-Doubt]

Re: JD Williams / What do I do?

Revised version combining two accounts! You print two off of the main complaint and send one on its own to JDW and the other you add to the cover letter below and send it to Reliable.

Reliable Collections cover letter:

Dear Sirs,

Account Numbers: JD Williams xxxxxxxx & Simply Be xxxxxxxx

I write with reference to previous communication and in particular your handling of the above noted accounts.

I attach a copy of a letter I have today sent to the primary creditor which as you know is JD Williams. I strongly urge you to pay attention to the content as if I have any more nonsense from you I will not hesitate to report you to your regulatory bodies, notwithstanding a complaint to the MoJ regards your suitability to retain your Consumer Credit Licence.

I do not want to hear from you again, I expect the main creditor to contact me as per my letter. Any correspondence received from Reliable Collections will be used against you in my harassment claim to the OFT and FOS.

Yours faithfully,

Main Template to send JDW with a copy to reliable.

Dear Sirs,

Account Numbers: JD Williams xxxxxxxx & Simply Be xxxxxxxx

I write with reference to previous communication and in particular your unlawful methods in which you're charging customers of the Group.

I won't go into detail regards the past too much but suffice to say, you've messed me about now for months and even after a recent charges reclaim, you feel it proportionate and acceptable to do the exact same thing all over again which is actually in direct breach of varying guidance, none moreso than your own terms & conditions.

The OFT also have guidance which clearly stipulates what a lender can and cannot do, and charging a customer twice in the same billing period for the same thing is not acceptable and thus is a direct breach of OFT Guidelines, something I am happy to take to the Ombudsman which as we both know will see you hit with a £500 mediation fee.

This complaint relates in particular to the events leading upto and after the refund of charges, whereby I have tried unsuccessfully to set up a regular payment plan to clear the balances of £118 & £160 respectively . This culminated in agreement that I would pay £20 via Direct Debit on the 26th of every month, towards each account. I was happy with this, and figured that for 6 months I could afford this thus agreed to it.

Now, the problem arose in October 2011 whereby you tried to claim these £20's on the 21st - the 21st was a Friday, however being the payments were not due until the 26th; i.e. the following Wednesday, I felt I would be fine paying the £20 into that account a few days before - not so it seems as you tried to take the payments 5 days early.

So, you make some more unlawful threats and we agree to try again on 26th November, which for the record was a Saturday - meaning in line with the Direct Debit Guarantee, this payment should not have been requested until at least Monday 28th November 2011. However I am saddened to say that you also attempted to collect these debits 5 days early, also on the 21st.

Now this wouldn't normally be an issue but it is when it costs me and I can see you're taking advantage thus my letter today, deal with this properly and finally or I'll see you in court because I am sick of the way you're treating me and it must stop immediately.

The Direct Debit Guarantee protects our interests and is clear where it reads

"If there is a change in the amount to be paid or the payment date, the person receiving the payment (the originator) must notify the customer in advance."

Therefore what makes you think you have the right to try and collect a direct debit on the wrong date twice, in succession then try and charge me for the privilege of your mistake? It's not only bordering illegal it's also quite outrageous!

You had no right to try and take this payment 5 days early two months running, no right whatsoever and as a result I do not acknowledge nor do I accept any late charges as a result of your failed attempts to collect because on the 26th on both months in question, I can provide proof from my bank that there was £20 in the account ready for your Direct Debit. It's not my fault that your systems are set up funny, that's an issue you'll need to address with your IT department.

So, as things stand I agree that my balances at the start of this fiasco was £118 & £160, I have since made a £20 standing order payment in December 2011 to both meaning my balances now stand at £98 & £140 respectively. I am unwilling to pay you any more money due to the reasons and general nature of my complaint shown above, and for the following;

• I was charged twice by my bank for the 'bounced Direct debit' at a total cost of £40, on each account;
• You are in direct breach of the Direct Debit Guarantee and never gave me any notice of collections, let alone advance notice;
• As a result of the hassle and consequential losses incurred by myself

As you have tried to claim two separate amounts on the wrong dates, for TWO accounts, and as I have suffered a financial loss as a result, in the interests of reciprocity, I require that you not only reimburse me for this loss but you also make a payment of an additional fee per aborted transaction equivalent to that which you impose on customers for default, in order to reimburse me for the costs of my forced manual intervention. This currently stands at £24 per month as charged by you, therefore this is a £96 basic charge without consideration of compensation.

Interestingly enough I was told by someone at JD Williams that you collect every 28 days, well unfortunately for you I never authorised more than one payment per month, and if you operate on a 28 day cycle this would mean two DD payments would be due at least once per annum, which would be a direct breach of our agreement and your own terms and conditions. I am perfectly within my rights to make 12 monthly payments if I so wish - it is not for you to dictate my payment dates to me, but more to accommodate my chosen payment dates. If for any reason I am unhappy then I am free to cancel the Direct Debit.

You cannot make your own laws I am afraid. Now, to settle this matter amicably I suggest an offer of recompense by JD Williams in the region of £250 plus account write off in totality for both accounts. The reasons for this amount are shown above and failure to accept my very generous offer will result in formal complaints being sent to your bank for your direct debit abuse of process, the OFT for the same plus to highlight your breaches of their own guidance, a formal complaint to the Financial Ombudsman with due consideration of legalising things in order to draw matters to a close. Interestingly, as you are aware, that as you've also set your bully-boys Reliable Collections onto me, the fact I have two accounts with two complaints against each will result in a £2,000 (4 x £500) FOS mediation charge so common sense also prevails here, write this off, close my accounts and make a suitable offer for compensation or pay the penalty for your illegal shortcomings.

Unfortunately you have upset the wrong person and tried to take advantage in the worst possible way. I am more than happy to complain to the Financial Ombudsman who has, for the record, a whole section on their website related to abuse of Direct Debit and 90% of the complaints are upheld toward the customer, certainly where the creditor has attempted to deduct funds earlier than agreed.

Failure to acknowledge and accept my generous offer of account closure will result in said complaints being submitted to the Ombudsman in due course, which as noted above, equates to 4 separate complaints against both you and Reliable Collections.

I look forward to hearing from you within 14 days. Do not fob this off into the 60 day escalation queue as if I do not get an actual apology, agreement and general response within 14 days then I will progress matters to the regulatory bodies.

A copy of this has also been sent to Reliable for their consideration.

Yours faithfully,

[MaryEssex]

Re: JD Williams / What do I do?

Thank you . Just a quick question, even though it's Fashion World do I leave it saying Simply Be ? or change that to say Fashion World? thanks.

[Never-In-Doubt]

Re: JD Williams / What do I do?

Happy, any questions etc?

[Never-In-Doubt]

Re: JD Williams / What do I do?

Thank you . Just a quick question, even though it's Fashion World do I leave it saying Simply Be ? or change that to say Fashion World? thanks.

apologies, change it

[MaryEssex]

Re: JD Williams / What do I do?

apologies, change it

None needed Thank you. Will do and It will go first thing recorded tomorrow. You have been a huge help.

Btw where to I write to to add you on to the Queens Honours List for next time? lol

[Never-In-Doubt]

Re: JD Williams / What do I do?

Btw where to I write to to add you on to the Queens Honours List for next time? lol

Can you imagine it, Sir Niddy

In fact I'd decline, sod that - am Scottish and do not believe in the honours list as it's a scam to feed the fat English pompous with more egotastical bollocks

[MaryEssex]

Re: JD Williams / What do I do?

Can you imagine it, Sir Niddy

In fact I'd decline, sod that - am Scottish and do not believe in the honours list as it's a scam to feed the fat English pompous with more egotastical bollocks

I am born and bred in London but I have been told I am a quarter scottish ... maybe thats why I did laugh at that to lol

[Never-In-Doubt]

Re: JD Williams / What do I do?

I am born and bred in London but I have been told I am a quarter scottish ... maybe thats why I did laugh at that to lol

do you know to be a quarter Scottish means your gran or grandad is Scottish...?

My mum, dad, brother, gran, grandad and every other relation are/were Scottish - in fact I am pleased to confirm as far as I know there is less English in me than in the centre of London which is saying something

[MaryEssex]

Re: JD Williams / What do I do?

lol. Yes I come from the Hamilton Clan so I've been told.

I have to say I have always seen myself as 100% English as it's all I've known, I know a lot of people feel an attraction or some calling to a certain homeland but for me it's always been England. But then again I love everyone unless they give me a reason to dislike them so all are welcome

[CleverClogs (RIP)]

Re: JD Williams / What do I do?

... if I have any more nonsense from you I will not hesitate to report you to your regulatory bodies, notwithstanding a complaint to the MoJ regards your suitability to retain your Consumer Credit Licence.

OFT, Shirley?

[CleverClogs (RIP)]

Re: JD Williams / What do I do?

where to I write to to add you on to the Queens Honours List for next time? lol

honours@cabinet-office.x.gsi.gov.uk

You will need an application form, though, from link.

HTH.

[CleverClogs (RIP)]

Re: JD Williams / What do I do?

Can you imagine it, Sir Niddy

Not really, as the most you might get would be an MBE.

In fact I'd decline, sod that - am Scottish and so have better uses for mae few remaining bawbees.

IFYPFY.

[Never-In-Doubt]

Re: JD Williams / What do I do?

OFT, Shirley?

Ooh well spotted. No biggie but I'll change it

[CleverClogs (RIP)]

Re: JD Williams / What do I do?

Ooh well spotted. No biggie but I'll change it

Never mind, Shirley, the DCA will probably not notice it.