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First post, so may as well make it a good one - just sent off my Data Protection Request today (didn't send it by recorded post tho - poo! but I did send payment of £10 by postal order)
I will give the postie a couple of days to deliver the letter, so the 40 day clock will start ticking on Friday 16th December.
I have been lurking around for some months now, just getting up to speed on everything, so am now confident to take this step against these unlawful charges!
I'll race you to see who gets their claim back first. I sent my letter on 18th December to Smile. The standard S.A.R - (Subject access request) letter.
Thaks
Andy
bet you cant beat me lol
I had all the statements and lodged my claim, got the standard fob off letter. I then had other fish to fry and didnt send the lba for about 3 weeks. got a reply offering full settlement with a week
How's your claim coming along? I sent my letter roughly around the same time as you.
I have just had confirmation of the 2nd Letter I sent them advising there are looking into the claim.
Hiya! - haven't had anything back from Smile yet, sent the SARs letter to them on the 14th Dec 2006, so it has been over 40 days since then.
The only thing I don't really understand is, does the 40 days include weekends? or just normal office hours? - not really clear on this point.
Over the 40 days seems really excessive for "Smile!" Both my daughter and her partner recieved their statements' a little over a week after sending for them. Did you send them Recorded Delivery? (which has been strongly advised on this site) If you did then verify with royal mail that they were actually signed for and delivered. The 40 days starts either when they recieve the S.A.R - (Subject access request) letter or when your £10 cheque has been cleared. If you sent a postal order the 40 days commences when they recieved it and that includes weekends. If they have recieved your SAR and it is over the 40 days then follow the following advice as given in the FAQ section of this site -
If the bank fails to supply you with your data then you should complain to the bank. Give them 7 days to comply and tell them that you will begin a complaint to the Information Commissioner and also that you will begin a county court action under the Data Protection Act.
Over the 40 days seems really excessive for "Smile!" Both my daughter and her partner recieved their statements' a little over a week after sending for them. Did you send them Recorded Delivery? (which has been strongly advised on this site) If you did then verify with royal mail that they were actually signed for and delivered. The 40 days starts either when they recieve the S.A.R - (Subject access request) letter or when your £10 cheque has been cleared. If you sent a postal order the 40 days commences when they recieved it and that includes weekends. If they have recieved your S.A.R - (Subject access request) and it is over the 40 days then follow the following advice as given in the FAQ section of this site -
If the bank fails to supply you with your data then you should complain to the bank. Give them 7 days to comply and tell them that you will begin a complaint to the Information Commissioner and also that you will begin a county court action under the Data Protection Act.
Mick
The only thing I didn't do, was send the request by recorded delivery (stupid mistake - I know!)
As I heven't received a reply from Smile, I decided to get on the phone (Complaints Dept.) and ask them what was going on.
The woman suggested that I should FAX the original Data Protection Act request (FAX: 0161 480 6788 and she would make sure it went to the right department.
I have now received a letter from them today, basically saying that "they are unable to locate the original request, but please find enclosed a complete list of charges for the period you have requested"
The information seems incomplete (to say the least) it looks like a Excel printout, with the headings "DATE - COMMISSION - CREDIT interest - DEBIT INTEREST - FEES - TAX ON CREDIT INTEREST"
can't make head nor tail of it! - please help anyone
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.
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.
Looking at my statement then, my Commission=£1058.50 and the fees=£891.00 TOTAL=£1945.50
where do I look for Commission refunds?
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.
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.
So, looking at mine, that looks about right (there is no REFUND column) - sorted!
Is that what you claimed for? - COMMISSION + FEES = GRAND TOTAL?
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.
Just as Caroline has said - the statements/excel printouts is how Smile/Co-op send their info for you. It is quite helpful really and saves having to go thru reams of statements highlighting and then collating all the figures - its sort of half done by them really.
Caroline:
You've done the right thing by filing for court. I have noted that your lba was sent exactly the same time as my daughters (partners account) creating a 01/02/07 deadline. We were about to file yesterday but Smile credited approx. 78% of the claim late in the afternoon. I think they will come good for you too but now they're going to have to pay you interest as well! We are going to file if they don't pay the remainder of the monies!
I didn't claim for fees as this related to the charge for my SmileMore account. Shoul I have claimed for this as well??; if so it would give me an extra £270
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.
I sent my Prelim letter yesterday (recorded delivery!) - and I claimed for the commission AND the fees (I had a Smilemore account too) but I thought "what the hey! claim for it anyway!"
The fourteen days start as from today (7th) lets see what happens (would be nice to get the money in the bank before my birthday on the 23rd of Feb eh!)
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.
Just tried to log in to my Smile account this morning.
Put all the usual details in, but the intial page keeps bouncing back, asking me to re-enter my details.
Has anyone else experienced this problem before?
are they getting a little bit "shifty" with me?
Nakered v Smile **WON**
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Originally Posted by Andy766702
Re: Nakered v Smile
Re: Nakered v Smile
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