Hi, I am the brother mentioned by the O.P. We entered dad's details onto the bereavement register a few days after he died - almost a year ago now. As Dad's estate consisted largely of their home and very little else, we were advised that there was no need to go to probate as Mum was the sole beneficiary, and as far as we knew he had no debts. However it strikes me as strange that they have taken until now to try and reclaim the "debt". Do you think they are "trying it on"?

Well, my complaint was "looked into" and I got a letter informing me that £1700 had been paid into my account - this was before they sent me my statements that I had requested in the S.A.R. - so naturally I waited until that had arrived. As I also have a life to live, it has taken me a couple of weeks to get around to wading through 6 years worth of statements. Having now done my sums it seems that the repayment was about £300 light - so first thing in the new year they will be getting a letter from me requesting that plus the statutory interest on the entire sum - or I will see them in court! As the interest comes to another £350ish I think that will do nicely as compensation for all the angst they have put me through over the years!

Yep that's what it is You can't claim it back unfortunately

Congratulations! Gives me hope as I too am pursuing Smile for repayment...

Strange - I just renewed my OD and there was no mention of a £15 fee. Mind you I haven't looked today - maybe it'll be in "recent items" lol Or maybe the fact that I just happened to mention that I was reclaiming my unlawful charges for the past 6 years influenced their decision not to charge? Who knows....

Partial Success! Following Caro's advice I wrote to the bank via both snailmail and secure message. They rang me and I offered to have a reducing overdraught facility - by £20 a month - to which they agreed! As the 40 day deadline for their replying to my S.A.R. is at the end of this month, (Nov) I'm not too worried about that condition I've since had 2 (standard - type) letters assuring me that "my complaint is being looked into"

I stand corrected - I didn't realise there was a difference between "illegal" and "unlawful"! As I stated in my original post, I have already resent the S.A.R.(and had it acknowledged) - but not before they informed me of their actions re: the overdraught. I strongly suspect that, being forewarned of my intentions by the information commissioner's query, they shut down my overdraught to prevent charges escalating. That doesn't get the bills paid though does it? ( well not yet anyway) I am unfortunately in the position of living on my overdraught - largely due to their *unlawful* charges Thanks for the advice though - I sent them a secure message and a "snailmail" asking to put the account in dispute, and to contact me to arrange a "mutually acceptable" way of reducing the O/D which does not leave me on the street...

Recently got this secure message from them - strangely enough at the same time as the information commissioner's office would have been in touch with them... Hello Mr Pembro We're just letting you know that your £2460.00 overdraft is due to end. Unfortunately, due to a recent review of your account we can't offer an arrangement for this amount. However, we have set up an overdraft of £500.00 to be automatically renewed on 24/10/2006 and run until 24/10/2007. For details of the terms and conditions and any charges that apply to your overdraft, please go to help index: tariffs, t&cs. Please note that we reserve the right to vary our charges at any time, but we will always let you know before they change. If you do not want your overdraft to be renewed please contact us within the next 14 days. We offer an optional overdraft protection plan provided by Norwich Union. It offers you cover for the following: accident, illness, involuntary unemployment or death. The cost is 50p per person per £100 of the overdraft limit (regardless of whether the overdraft is used). To take this cover you must be UK resident, working at least 16 hours per week, aged over 18 and under 65. For more information on the overdraft protection policy, please go to http://www.smile.co.uk/images/pdf/overdraft_protection_policy.pdf. If you would like to take our overdraft protection plan, please reply to this message. Thanks smile Cheek! First of all I wouldn't need the overdraft facility if it wasn't for their illegal charges, and then, to add insult to injury they try and sell me their worthless insurance policy!

Hi Caro, No the cheque was never cashed - but they wouldn't would they, if they wished to pretend they'd not received it? Mind you if it got lost in the post it wouldn't get cashed either

Oh and BTW CONGRATULATIONS!!!

Yes this has happened to me - but before I took action so I assume it is a standard tactic of theirs. They secure messaged me to tell me what they had done (note the tense!) and gave as a reason that it was to stop my account going over the limit. But the reason it was going to go over the limit was of course their excessive charges!!

I thought I'd post my experiences with Smile here - The story so far Sent an SAR to smile in June Waited, waited, waited - no reply within the 40 days, so I got in touch with the Information Commissioner's office, reporting them under the Data Protection Act. ICO replied to me stating that smile claimed never to have recieved my letter. *MORAL* Always send stuff recorded delivery! Resent the SAR last week, and today received a standard acknowledgment letter. This (claiming not to have received SAR) may be a tactic, or it may be due to my incompetence, but in my experience the mail is not that unreliable... Anyone else have this happen?