Smile

[matlow]

Trying to sort Smile out after charging me over £300 for a £37 overlimit,sending the letter of tommorow,will I be able to claim back the £5 a day charge as well?

[Docubot]

Does it cost them £5 per day?

No, so yes.

[matlow]

After sending two letters, three e-mails and four telephone calls explaining my reasons for my actions regarding charges on my account,recieved a computer generated letter today concerned at my lack of communication with them and demanding I put my account in order!!!!!!!
Good grief!!

[Docubot]

You know what to do

[matlow]

Recieved a letter of Smile today saying sorry they haven't been able to respond to my letter of 16th feb.
Says they are reviewing their charging policies and as soon as the executive body makes it's decision they will send me a full response.
They are sorry for the delay and hope to be in touch shortly,and if there is any delay they will be sure to let me know.

To top it all,also recieved a letter of Co-op saying if I didn't pay my outstanding arrears within ten days they will send a formal demand!!!!

What a load of tosh,same bank yet one side doesn't know what the other is doing.

Question is I sent them a letter on the 16th march saying I would be going to court if I didn't recieve payment of my charges within fourteen days,this makes me want to say stuff the fourteen days and do it now!!

Would this be allowable??

[Anonymous]

Hi,

I've also sent a letter to smile asking for my hard-earned cash back. In the meantime, I've had an e-mail to my account about their latest 'tariffs'. Maybe this is what they're referring to?

Bri

[Docubot]

Wait the 14 days - they would allow you 14 days to call-in an overdraft, so we should allow the same courtesey.

If, however you have not received a satisfactory response within that timescale then go for the throat - I did, and guess what?

After initially acknowleding the claim (which surprised me, actually) - they paid in full.

The best thing was, my family and I spend a long weekend in the Isle of Wight (fossile hunting - didn't find a bloody thing!) and on our return was a cheque from Smile for the full amount claimed. It paid for the weekend away in full - and some!

[Anonymous]

Dave, how far did you get with them? The initial letter with the threat or the actual writ?

[matlow]

Had a snotty phone call from the smile/co-op today saying I had to pay money into my account to bring it within the limit,quoted the terms and conditions to me saying I had to pay at least £1000 into my account etc,etc.
I explained to her I wouldn't be paying any money into the account until the charges issue was sorted,she said she expects money to be paid into the account by the end of the week.
The mail this morning included a threatning letter describing court orders,baliffs and the like,
I've noticed the charges have been frozen on my account since I started writing my letters but should I pay money into the account to cover the overlimit or ignore them and go straight for the small claims court on Thursday which is when the 14 days is up?
I've noticed everything is from the co-op regarding court,debt etc,all I get from Smile is a 'sorry you have a complaint' letter.

[BankFodder]

You are £1000 over-limit. What do you calculate your charges to be? If they are £1000 or more then you are entitled to withold them. However, banks being banks - and the Co-Op seems to be a it better than the others, they may decide to default you and this has serious repercussions and is difficult to deal with.
What are the figures?

[matlow]

The figures are this
My account has a £500 overdraft facility on it and I am now £337 over that,all due to charges stemming from them paying a £72 visa payment which put me £32 over the limit,with £5 service charge,unpaid standing orders etc,it's now got to this stage.
They are saying a condition of the account is I must pay £1000 into the account every month which I haven't done since these charges started.
Reason being at the time if I paid £1000 into the account by the time they took the charges off I would have been left with nothing to live on for the rest of the month.Tried explaining this to them and they just point blank refused to help.
I now have the money to pay off the charges but that seems to me to be admitting my guilt in this affair so am loathe to do it,but must admit these letters are worrying.,

[BankFodder]

Don't worry about guilt. I would suggest that you clear the account but under protest as you consider their charges are unlawful and warn them that you will be claiming them back
the start claiming.
No sense in getting your self into a default situation when you have the money to avoid it.

start sending your letters. They will be getting used to it by now and they know what is coming. Just send the LBA and then the claim. Don't worry about the prelim

[matlow]

Well,the 14 days notice are up,not a word from them,so court papers tommorow,bit nerve wracking but the way they've threatened and twisted what I've said makes me want to go ahead.

[richardc]

Keep focused and keep to your timetable.

[matlow]

Recieved refund of £270 for Commision charges,excess charge and service charge today,they have said Debit interest is not a charge so is not included,but seeing as that £270 0f charges were calculated into that debit interest surely I'm entitled to some of that back?
A big thanks to everyone who helped me out on this,didn't even have to go to the small claims court.

[acrichards]

Congratulations in getting your refund! Just wondering, at what point in your quest did you actually get the money back?

I have sent the standard preliminary letter, then got the general reply saying the bank charges were as I agreed to in the t's and c's, perfectly legal, blah blah blah.

I then sent the 'letter before action' 14 days ago, and have received a secure messsage back saying they will get back to me in 7 days (which has just expired today). So it is time for me to start the court action tomorrow.....

I notice from your other thread you posted saying on 31st March you were going for the court papers. And on 7th April you had the money in the bag. Did you get as far as the court action? When did they cave in and pay up?

Thanks

[Bookworm]

Well done to you.

Strictly speaking, you could try and reclaim the part of the interest that accrued from the charges, yes. Good luck with working that part out if that's what you want to do.

If you feel we have helped, a contribution to the book fund would be a very nice to say thank you and help others!

[matlow]

Originally Posted by acrichards

Congratulations in getting your refund! Just wondering, at what point in your quest did you actually get the money back?

I have sent the standard preliminary letter, then got the general reply saying the bank charges were as I agreed to in the t's and c's, perfectly legal, blah blah blah.

I then sent the 'letter before action' 14 days ago, and have received a secure messsage back saying they will get back to me in 7 days (which has just expired today). So it is time for me to start the court action tomorrow.....

I notice from your other thread you posted saying on 31st March you were going for the court papers. And on 7th April you had the money in the bag. Did you get as far as the court action? When did they cave in and pay up?

Thanks

Was on the verge of doing the court proceedings,was filled out on line,just proof reading it,then next day letter from smile refunding charges,so basically sent the first letter asking for money back,sent second letter threatning court,then finally they coughed up,all in all from start to finish about 7 weeks.

[matlow]

Originally Posted by Bookworm

Well done to you.

Strictly speaking, you could try and reclaim the part of the interest that accrued from the charges, yes. Good luck with working that part out if that's what you want to do.

If you feel we have helped, a contribution to the book fund would be a very nice to say thank you and help others!

Least I can do,wouldn't have got nowhere without the help from this site