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carolinec2828

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  1. Hi everyone, After a long saga and getting sick of being promised my money and it not actually turning up, I filed my claim in court on Monday 5th Feb. Smile finally paid up the following Thursday (8th). However, as I have now submitted my claim I want the interest of £513 + court fee of £120, £633 in total. Smile's solicitors - PW Kerns - wrote to me this morning enclosing an Acknowledgement of Service and 'confirming their intention to defend the total amount claimed, by way of service.' I have already told the court that Smile have partially paid up and that I am now claiming a lesser amount but they said I should just let Smile know that. I have already emailed Smile to this effect but they have now said I should deal directly with the Solicitor. I'm happy to send an email thanking them for their letter and acknowledging receipt of the £2568.50 in respect of my penalty charges and informing them that the outstanding amount I am now claiming stands at £633 (comprising £513 interest calculated at 8% per annum and £120 court fee), and that the case will be deemed settled one this sum is in my bank account. What does everyone think? Any advice???
  2. I'm with Smile too and I thought that you had to be over your overdraft limit for 24 hours before they charged you so if money goes out of your account and cleared funds go in they won't charge you. I don't know if they've recruited a lot of new staff recently but I've been told loads of really weird stuff recently which has all been corrected when I've queried it. I think they're all getting a bit absent minded as they're so busy refunding penalty charges
  3. I'm sure they'll go through it and remove anything you're not entitled to claim back. I forgot to take off a Commission Refund of £30 when I sent my letter so they just let me know what the new figure was, and I was happy with that.
  4. If it relates to a specific fee for something and not a penalty charge I don't think you can claim it back. The fees I have claimed for are all a result of penalty charges. Perhaps someone could confirm??
  5. Yes that's what I claimed. I'm very annoyed with Smile at the moment tho' as last Friday 3 separate people told me my refund would be in my account on Monday. When it wasn't there on Monday I rang them and was told that I'd been given the wrong information and it would be in my account by Friday at the very latest. I was livid and as the 14 days was up on Wednesday I asked them to ensure the money was credited to my account before the close of business. I got a pathetic email back saying that it takes 48 hours for the authorisation to go through and it would them appear in my account the following working day. 48 hours from Wednesday is Friday and the next working day is Monday. So this was even LONGER to wait, and a full week more than I had expected! I emailed them back saying this and got another email back saying they didn't know when the money would be credited to my account (!). I've checked my account today and the money's not there so I've just sent them an email saying I'm filing my claim today and I've added 8% interest which comes to £513.69 and £120 court fee. I am now claiming £3202.19. I also added that I was disappointed that this matter couldn't be resolved without court action but I have tried repeatedly to no avail.
  6. On my statement the column between Commission and Credit Interest was Commission Refund. I only had one so if you haven't had any perhaps there isn't a column for it.
  7. Hi there, They 'lost' my original letter too but I faxed another copy straight over. You can claim Commission and Fees. Look out for any Commission refunds you might have had too (I had one for £30). You need to take that off the total as they gave you that money back. Good luck!
  8. Hi there, I've just been successful against Smile - £2568.50 - althought it's not in my account yet damn them! When I asked for back copies of my statements they asked me for £10 for each one which would have been thousands. Don't let them do that to you. If you send a Data Protection Act letter the whole lot will cost you £10, and they even sent that back to me saying the information was provided free! Like you I'd be happy to stay with Smile as it's convenient all being online. All the banks are at it with charges so I don't think it would benefit me much to go elsewhere, plus all the hassle of changing standing orders etc... Good luck with the rest of your pregnancy. My daughter's 16 months now so it seems a long time ago. I'm tell everyone to have an epidural. I did and I felt so in control and relaxed. They told me I could go home 3 hours after giving birth! Caroline x
  9. That happened to me a few months ago and when I rang them up to find out what was happening I was told that sometimes a year after the overdraft is set it cancels itself (I think it was longer than a year in my case but I didn't argue). She just put it straight back on and I wasn't charged. Ring them up and ask them what's happening as even if they have removed it deliberately, they have to tell you that they're doing it. Also, I think Smile advertise their bank account with a £500 overdraft so if they are not offering that to you it's false advertising and Trading Standards ought to know (and the Financial Ombudsman!). Give them a call and ask them what's going on. You have nothing to lose:)
  10. Hi I just wondered whether Smile were telling everyone that asks for money back their accounts will be closed? I haven't opened a safety account yet, but as I have a healthy joint savings account with Abbey I can open one there no problem. I would rather stay with Smile, despite the charges, as it's easier all being online (and to be honest all the banks are at it anyway so there would be no benefit in switching). Having to change all my DDs and Standing Orders etc would also be a pain.... A quick survey, who has had their account closed and who has still got theirs open?:idea:
  11. Hi there, I got the same statement from Smile and I added together Commission & Fees which came to over £2600! You can't claim interest unless it goes to court apparently. I don't know about using your card abroad but you could always contact them as ask which transactions relate to that. You should be able to tell by the date of the charge if you were away then. My 14 day letter was signed for on 28th Jan, but they sent me a secure message yesterday saying they had received a list of charges but no accompanying letter and what did I want them to do with it. I think this was a delaying tactic so I've faxed a copy of the letter over today and said as far as I'm concerned it was signed for on 18th Jan so they have until 1st Feb to pay up! Hope this helps. Caroline.
  12. Rang platform earlier on to get a list of all the charges on my account. The girl I spoke to said they could only send me all my statements and there was a £20 charge for that. I said yeah well if I make a request under the Data Protection Act it's only £10 so what do you say we stop wasting each other's time? She went to ask her supervisor and came back to say £10 was fine and they would go in the post today!
  13. I had a mortgage with Platform and due to break down of marriage & losing my job I couldn't pay for ages. The charges mounted up and they took me to court and repossessed the house. Even though I was pregnant & had just got a new job they didn't care & still kicked me out. I had expected to get around £20-30K back from the sale of the house but they put it up at auction for far below its market value (which they said they wouldn't do) and I got nothing back. They also slapped an Early Repayment Charge on top as the mortgare was deemed 'repaid'. I contacted their solicitor to say that I had no choice in it being repaid early and she said 'tough' basically. The balance of the mortgage was cleared by the sale of the house. Is it worth me trying to get the late payment/missed payment charges back? What about the ERC? If it went to court would the fact that they had to repossess the house count against me? I know I would be liable for their legal costs for the repossession and that's ok. I didn't handle it very well at the time but my head was in a mess. I'm going after Smile for £2600 - they got my 14 day letter on Wed, but this must be much more! Grateful for any advice....
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