gazzah v Smile *WON*

[gazzah]

Data Protection Act letter sent 3rd July, no idea of what they owe me, but wouldn't be suprised if it came in about £3k. Was going to wait until my claim with the co-op came through but can't wait any longer ! hopefully set up a few more threads in the next couple of weeks for cc's etc

[closey]

Hi there and welcome.

Well Smile are a good place to start as they seem to be the fairest bank and tend to pay the money back before you have to start court action. I received mine today after sending the first letter before action.

Best of luck and keep us posted on your progress.

[gazzah]

Just come back from 2 weeks away, Smile have finallly sent me my details in response to the Data Protection Act S.A.R - (Subject Access Request) request, according to the date on their letter its taken exactly 40 days to reply. As previously guestimated my charges total just short of £3200. Will be sending prelim letter by recorded delivery first thing tomorrow. Along with all my copy statements that they sent were 17 pages of notepad entries the majority of which relate to my Co-op account which wasn't even mentioned on my SAR. Of interest were entries in relation to my previous claim including one stating 'have sent 6 week holding letter' I thought they were 'working hard looking into my complaint' ha ha. also other entries stating
sent standard letter type xxxx ((auto) advising unpaid items) and
auto bounced chargeable transaction. All further proof that charges are automatically added and no manual intervention is made.

[gazzah]

Smile have acknowledged my prelim letter on the 31st Aug with usual letter, just have to wait until Thursday then LBA will be on its way.

[un1boy]

Gaz - I received Notepad entries like that too. It never sunk in about the "Auto" word, damn it - that's evidence if ever I saw it!!

[gazzah]

Quick Update: received letter dated 15th Sept
'I'm sorry that we haven't been able to respond to your complaint received on the 22/08/06.
At the moment we are still looking into the issues you've raised regarding charges. As soon as we've made a decision about this we'll be able to send you a full response.
We hope to be able to send you this shortly, but if there are likely to be any more delays, I'll be sure to let you know'.

I know its just a stalling letter but we all know that they seem to be a bit busy at the moment. My 14 days after the lba run out at the end of the week, I might just give them an extra week to get my money back before putting a claim in. It also takes me to pay day when I'll be able to afford the £120 court fees !!

[closey]

It's up to you if you want to give them extra time....personally I wouldn't. You have provided enough time for this matter to be sorted out. If they are overloaded with work they should employ more staff, let's face it they can afford it.

[un1boy]

Originally Posted by closey

It's up to you if you want to give them extra time....personally I wouldn't. You have provided enough time for this matter to be sorted out. If they are overloaded with work they should employ more staff, let's face it they can afford it.

I agree with this!

[gazzah]

Totally agree with what are both saying, however I'm a little short on the cash front this month, youngest son just had his birthday etc . to be honest I don't think they will pay up during that extra week anyway and the 8% interest will be a very nice sum to add onto my claim when it does go in. I'll spend next week sorting my claim out and hit the submit button Friday as soon as I'm paid.

[closey]

Best of luck....not that you'll be needing it!

[un1boy]

Originally Posted by gazzah

Totally agree with what are both saying, however I'm a little short on the cash front this month, youngest son just had his birthday etc . to be honest I don't think they will pay up during that extra week anyway and the 8% interest will be a very nice sum to add onto my claim when it does go in. I'll spend next week sorting my claim out and hit the submit button Friday as soon as I'm paid.

No probs, I know exactly how you feel - I don't paid til Friday and I have nothign - just had something go out early and got charged, so claiming that back too. hehe.

Keep us posted when you submit it!

[closey]

I hate the week before payday.....still not long now.

[un1boy]

I know, tell me about it - I've jsut started a new job too, so not been paid for 6 weeks!!!

[gazzah]

Right then, mcol submitted this morning. Just cost Smile an extra £920 for not paying up ontime, will be watching my account each day waiting for the full amount to be paid in. Anybody know how long they are taking to pay once court proceedings have been instigated ?

[un1boy]

Have no idea for smile. hsbc offered full settlement within 2 weeks after MCOL.

co-op have just paid me out though, after LBA - no MCOL!!

[caro]

If you haven't already done so can you pm a mod with your claim number, amount claimed and date so we can put it in the Litigation in Progress forum. Oh and good luck.

[gazzah]

thanks, done Saturday as soon as claim was posted.

[gazzah]

Notice of issue received from court on Thursday, claim was issued 02/10/06 deemed as served on the 07/10/06. Smile have until the 21/10/06 to reply.