smackbat v Smile ***WON***

Smackbat · 29th August 2006, 14:04

Hi guys and girls,
Thought you might like to hear about my claim. I started my claim at the end of June with my request for copy statements of my current account, I received a letter advising a 40 day wait. On the 39th day my copy statements arrived and I calculated a claim of over £3k that evening. My first letter was sent on 8th August, where I advised them if they paid within the first 14 days, and removed any adverse credit I would negate the overdraft interest charges incurred, however I would add these onto the claim if settlement was not received because I would not be overdrawn had I not been charged illegally. I checked with royal mail that the letter had been received on 9th, and secure messaged them to confirm receipt. They confirmed receipt on the tenth, and then on the 14th August I received a letter confirming receipt as well.
On 23rd August I sent my second claim letter advising they have 14 days to pay up or I start procedings, royal mail confirmed that this was received on 24th. Again I secure messaged them to confirm they had received the letter, however I am still to hear back.

I will keep you all posted.

G

closey · 29th August 2006, 14:39

sounds like you've got it all under control...keep us posted.

Smackbat · 30th August 2006, 10:40

I'm 7 days away from taking legal action as they haven't paid up, however all my direct debits have been cancelled. The first I knew about it was when I started to receive letters saying that my bank had cancelled the payments!!!!

Has this happened to anyone else? Luckily I'd followed the advice on these pages and set up a parachute account, so I'm now in the process of setting up my new DD's with the Alliance and Leicester. Happy days.

tillylarke · 30th August 2006, 11:00

Yeah - funny how they are too busy to deal with these claims but lots of staff around to cancel d/d's and threaten court action over unpaid overdrafts. Silly lot!!!

Good luck
Natalie
tillylarke

closey · 30th August 2006, 12:03

I have not heard of this happening with Smile before...so far they have been pretty reasonable. It maybe worth giving them a call as this could just of been error. If you find out that it is something more sinister, come back and let us know.

Smackbat · 30th August 2006, 12:46

Hi all,

I'm probably going to have to go legal on my claim, however I'm unclear how to work out interest and charges for my time. I believe I can claim up to a maximum 6% interest on each charge, is that correct? Also if I am billing for my time, what is the going rate?

Look forward to your responses

Rgds
G

fe_dup_1 · 30th August 2006, 17:50

Are the banks allowed to cancel DDs?

gazzah · 30th August 2006, 19:01

I've had lots of problems with smile cancelling my DD's over the last year or so. As I don't have online access to my account I haven't bothered to get in touch and find out why but assumed it was because I kept goiing over my od limit(down to their charges !) I didn't think they could do it either but wasn't sure,I assume that they sent me secure messages to let me know at the time but haven't been able to read them and no letters in the post. Would be very interested to see what they say now.

Smackbat · 1st September 2006, 10:06

Well I've sent them a secure message, but 48 hrs later have nad no response. I've also had no response to me asking if they've received my final letter before action, and that was over a week ago!! Not impressed, I know they're busy but this is stupid.

itsarichmansworld · 1st September 2006, 10:45

Quote:

Originally Posted by Smackbat

Well I've sent them a secure message, but 48 hrs later have nad no response. I've also had no response to me asking if they've received my final letter before action, and that was over a week ago!! Not impressed, I know they're busy but this is stupid.

I recieved a standard letter from Smile But now its 14 days later and nowt???

I have quite bit due back about £600 I'll be sending my 2nd letter today then hi ho its off tp the small claims court we go.......

caro · 3rd September 2006, 02:59

For an internet bank smile seem very bad at answering their secure messages Smackbat.

Good to have you on board itsarichmansworld. If you start your own thread we can follow your progress too,

quincy · 4th September 2006, 07:10

I found secure message to be so slow at getting replies that it's a waste of time - this was for my action against smile and even day to day stuff. they did tell me they preferred secure message tho - prob cos they can ignore it easier.

chitsiga · 8th September 2006, 16:33

i am following you i hope it all goes well as yet i don't have mine but i see you got your statements on the 39th day maybe this will go my way too?

so i may be in the same boat as you and rowing at the same time lol...

good luck and do keep us posted on how things are going!

sabian · 9th September 2006, 13:23

exactly, it was in the staff news that staff were just archiving messages, and blatantly ignoring them, when they archive them, no action is taken at all and it just pretty much gets put away, secure messages sometimes backlogged for 5 days plus, if they cancelled all your dds, they prolly issued a dm07 on your account, they would have seen the account or the account would have been picked up as high risk, to discuss it, youd need to talk to account management, of course an 0870 number, but you can call the 0161 number and ask to get put through to them,

Smackbat · 11th September 2006, 18:06

Has anyone heard of anyone adding a cost on due to emotional trauma because there were constantly overdrawn, or their card got rejected etc etc? I don't intend on applying this to my claim as it hasn't really affcted me too much, bar the odd night out that I missed out on. Just more out of interest, surely you could build up quite a good case.

Thoughts please.

Michael Browne · 11th September 2006, 18:29

Basically - In your dreams! Extremely difficult to prove and almost impossible to quantify. It would make claiming your penalty charges back seem like a walk in the park.

notsmilingyet · 12th September 2006, 01:48

In america you might have a chance, maybe get an american lawyer

For anything that complicated you'd want to claim legal aid which requires a claim of not less then 3k I believe

fay33 · 13th September 2006, 10:42

Sorry if it's mentioned elsewhere but what is a DM07? I've also had the same thing happen to me (i.e. cancellation of direct debits) and it's caused me no end of problems. With some payment agreements, for example home insurance, they set it up on the basis it will be via direct debit.

I have tried to explain that cutting costs for utilities, etc is often reliant on DDs to get the lowest costs. I have reduced my outgoings a lot and am doing my best to money manage and this doesn't help.

They said they were going to review in August but I've heard nothing. I got passed to Managed accounts team who have been very useful but the first line teams appear to be very lax.

A word of warning, they were talking about all overdrafts being reviewed in Spring 2007 and probably not given at the same level.

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