Tweet
Re: JD Williams / What do I do?
Hiya
Ok, try sending this to JDW and see what happens, send it recorded delivery (orange sticker thing) as this provides proof of postage.
As the next payment is not due until the end of january now, and we're trying for account balance write off, leave it set-up but keep me reminded and update me no matter what, a week before the DD is due then we'll move things along if necessary.
Hiya
Ok, try sending this to JDW and see what happens, send it recorded delivery (orange sticker thing) as this provides proof of postage.
As the next payment is not due until the end of january now, and we're trying for account balance write off, leave it set-up but keep me reminded and update me no matter what, a week before the DD is due then we'll move things along if necessary.
Dear Sirs,
Ref: 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 balance of £118. This culminated in agreement that I would pay £20 via Direct Debit on the 26th of every month. 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 this £20 on the 21st - the 21st was a Friday, however being the payment wasn't 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 payment 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 this debit 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
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 balance at the start of this fiasco was £118, I have since made a £20 standing order payment in December 2011 meaning my balance stands at £98. I am unwilling to pay this £98 due to the reasons and general nature of my complaint shown above, and for the following;
As you have tried to claim two separate amounts on the wrong dates, 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 £48 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. 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.
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 complaint being submitted to the Ombudsman in due course.
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.
Yours faithfully,
Sign Digitally
Ref: 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 balance of £118. This culminated in agreement that I would pay £20 via Direct Debit on the 26th of every month. 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 this £20 on the 21st - the 21st was a Friday, however being the payment wasn't 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 payment 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 this debit 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 balance at the start of this fiasco was £118, I have since made a £20 standing order payment in December 2011 meaning my balance stands at £98. I am unwilling to pay this £98 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;
- 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, 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 £48 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. 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.
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 complaint being submitted to the Ombudsman in due course.
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.
Yours faithfully,
Sign Digitally
Comment