Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Shippy v Smile ***WON***

    Hi,

    I've just received my SARicon from Smile after fun & games with getting it in the first place (they'd lost the letter, didn't call back, didn't respond to messages - and then when I lose hope, my SARicon turns up out of the blue with the £10 cheque uncashed). Anyway, I could do with a little guidance on what I'm most secure in looking to claim back...

    As I'm sure most of you know already the Smile SAR is not very granular - what I get is the list of total charges on each date, totalling:

    Commision - £1513
    Debit interesticon - £113
    Fees - £1137

    Because of the nature of the SAR list and the fact it doesn't show a running balance, I don't see that I can tell which proportion of the Debit interest relates to either my fault or the charges. With that in mind, I'm inclined not to even include that in my claim.

    Fees is a given unless anyone can advise otherwise - I'll go straight after that amount.

    My question is really around commision; I understand that I can't claim for ATM charges (typically £1 or £2.50) but I can't identify these separately from the SAR. All I see is a total charge for a day. The bulk of the £1513 is obviously related to other charges.

    How have other people dealt with this? Should I submit a claim for the total value of the commision charge and see what the response is, or should I look for charges which aren't a whole £5/£10 and round them down to the nearest £5 to smooth out any ATM charges?

    Any advice would be very gratefully received!

    Ta,

    Richard

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  2. #2
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    Default Re: Smile SAR received - looking for a little advice...

    The advice is to claim commission and fees. I haven't been charged any ATM fees (is that for withdrawing money abroad?) but all my fee and commission amounts are multiples of 5, so I would imagine the method you suggested would be just fine.


  3. #3
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    Default Re: Smile SAR received - looking for a little advice...

    Thanks for the advice. I think I'll round the fees down as - by also not going after the debit interesticon - it shows I've thought through my case rather than just returned the SARicon with the lbaicon.


  4. #4
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    Default Re: Smile SAR received - looking for a little advice...

    If claiming Fee's you need to be aware that if you have a smilemore account the monthly charge will be included in this total. I didn't claim Fees as the total was just for my smilemore account.... maybe thats why smile settled with me so quickly in the hope i wouldn't claim fees, who knows.


  5. #5
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    Default Shippy v Smile - The latest... ***WON***

    It's all gone very, very quiet on my claim for £1,800...

    My SARicon for charges was submitted 8th January and after several denials from Smile that they'd ever received the letters and a couple of complaints through secure messages, the lists came through on 2nd February along with my £10 cheque uncashed!

    Preliminary letter sent 12th Feb, and I received a standard "We're sorry you've felt the need to complain... keep checking your secure messages..." acknolwedgement by post on 15th, so nice fast turnaround then.

    However, since then - zilch. LBAs sent 27th February and I'm hoping this spurs them into action. From what I hear Smile are variable at which point they agree to settle, so I'm dug into my trench and prepared for the long haul.

    I'll keep you all posted - and thanks to everyone for the messages of support and advice!


  6. #6
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    Talking Shippy vs Smile - The First Success!

    My girlfriend's charges were refunded in full today by Smile - 9 days after the lbaicon was sent. £1481.50 deposited straight into her current account.

    No word on mine yet, but each stage of proceedings was started on the same date so I have my fingers crossed...

    A donationicon is on its' way


  7. #7
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    Default Home and Dry - Claim **WON**

    Received a cheque for £2389 on Saturday morning to cover my account, so that's both accounts refunded in full before having to register a claim.

    Thank you Smile, for doing the honorable thing in the end...


  8. #8
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    Default Re: Shippy vs Smile - The latest...

    Congratulations

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  9. #9
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    Default Re: Smile SAR received - looking for a little advice...

    Sounds as if Smile seem reasonably easy to tackle - I have all my statements so my prelim letter will be going recorded on Monday!

    Bank and credit card reclaims - £9,806
    Sainsburys CCA non-compliance with FOS;
    Natwest reclaim of £340 in progress;
    Egg credit card reclaim in progress



  10. #10
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    Default Re: Shippy v Smile ***WON***

    good reading this subforum, lots of short happy threads, other than the SARs stage

    goody


  11. #11
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    Default Re: Shippy v Smile ***WON***

    Hi Shippy.

    Is your Smile Account still open? I've read other threads where Smile have paid up but have closed accounts. Has this been yours or anyone else's experience?

    Look forward to hearing from you all.

    My threads
    deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile
    If I have been of help in even the smallest way, please tip my scales!

  12. #12
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    Default Re: Shippy v Smile ***WON***

    Mines still open nearly a year after they paid up.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  13. #13
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    Talking Re: Shippy v Smile ***WON***

    That's good to know as I reckon they owe me about £3k. Have just sent my S.A.R - (Subject access requesticon) today (my electronic filing is not as good as my paper one), so need statement back to 2002 when account was opened. Will start my own thread in a bit.

    Just so I'm sure, I can can claim back the penalty charges but can I claim back any daily rates they were levying on my account at various times too? These were a killer and I have only been able to resolve the problem by having my account converted back to a Student one.

    Lord-love-a-duck! My thread will be deedee1310 v Smile (I'm not smiling)

    Wish me luck!

    My threads
    deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile
    If I have been of help in even the smallest way, please tip my scales!

  14. #14
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    Default Re: Shippy v Smile ***WON***

    goody again, I'm on lbaicon in two days time, fingers crossed for something soon after that then

    NatWest
    sar 310107|Prelim 120407|LBA 260407|N1 310507 | Served 130607
    | Ack 270607 | Def 130707 | AQ/Strike out/Draft directions 270707 | | Court Date 080807 | Stayed
    Barclays
    sar 310207|Prelim 120407| LBA 270407|N1 310507 | Served 130607 | Ack 210607 | Def 100707 | AQ/Strike out/Draft directions 230707 | Court Date 080807 | Stayed
    Smile/Co-op
    Prelim 010607 | LBA 230607 | N1 090707 | Served 180707 | Ack 260607 | Co-op SETTLED 150807
    MBNA
    sar 040607
    Citi
    sar 040607
    Egg
    sar 040607 | Prelim 010807|LBA 160807
    Halifax
    sar 130607


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE