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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 24th April 2006, 12:46   #1 (permalink)
fannyadams
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Default baby steps - I'm scared Fa vs Smile

Ok
I have just written the Data Protection Act letter to Smile regarding a bank account i had with them about 5 years ago and have since closed. I think they owe me about £77.00 Not much, but when I add it to the other banks charges it makes a tidy sum £230!
I'm hoping as it's such a small amount they'll just refund it and I won't need to go to court, and reading the threads on here I think that might be what happens.
I'm just curious about on thing. If you submit the court thing and pay hte money but they pay up before the court issue the 'writ' can you claim the price of the court back from the bank? or do you have to chalk it up to experience? I don't have a lot of money to chuck at court cases so...
Thanks for looking.
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Old 24th April 2006, 13:00   #2 (permalink)
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Default Re: baby steps - I'm scared Fa vs Smile

If you have to issue a claim, and they settle before court, they will have to pay your court cost back, as long as you have included that in your claim too (the online claim makes it very easy to remember to include it) and 8% APR, yes.
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Old 24th April 2006, 16:30   #3 (permalink)
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Default Re: baby steps - I'm scared Fa vs Smile

You MUST be prepared for it to go to court though - the likelyhood is that it won't - but it could, and you should be ready for that to happen.

Have you joined the 'Court Buddy' system?

http://www.consumeractiongroup.co.uk/regbuddy.php
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Old 26th April 2006, 16:42   #4 (permalink)
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Default Re: baby steps - I'm scared Fa vs Smile

I have now - thanks Dave
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Old 6th May 2006, 15:48   #5 (permalink)
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Red face Re: FA vs Smile UPDATE

OMG
Smile have sent me my requested bank statements WITHOUT me sending them ANY money!
Can I just check what I can claim for...
I think it's all the FEEs but not the interest on my overdraft - is that right?
IMHO if I'm in credit then THEY pay ME interest on my money, so it's only fair if i'm using their money I should pay them interest...
Still - from the statements they've sent me, I calculate it's £50 so far.
I'll have to check the statements to the closing of my account and make sure that I've claimed all of the charges.
I'M deffo on for going to court if poss. Nothing ventured, nothing gained...
FA
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Old 20th May 2006, 08:18   #6 (permalink)
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Default Re: baby steps - I'm scared Fa vs Smile

£46.50 in charges of which £38 put me further inot debt.
how do you calculate the interest on the debt?
NOT the court interest just the how much MORE debt in interest did they make me pay?
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Old 20th May 2006, 10:16   #7 (permalink)
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Default Re: baby steps - I'm scared Fa vs Smile

There is a spreadsheet in the Bank Templates Library you could use.

Don't be scared. We will hold your hand so you won't be on your own.

Good Luck FA
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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.
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Old 23rd May 2006, 03:42   #8 (permalink)
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Default Re: baby steps - I'm scared Fa vs Smile

I found in the FAQ bit, Vampiress made one in excel that I used.

I have posted off the LBA letter to A&L and the please give me my money back letters to Smile and Cahoot.

Thanks for the reassurance.
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Old 5th June 2006, 21:57   #9 (permalink)
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Angry FA vs Smile - grrrr

NOW they are definately gonna get it!
I wrote to them "can i please have my charges refunded" letter.
Chris Hopkins (Smile Complaint Team, Customer Services, PO Box 600, Delf House, Skelmersdale, WN8 6GF) wrote an undated letter back "there are no account details XXXXXXXX. As such I've not been able to proceede with your request for a refund"

's a bit suss as not 30 days previously they sent me all the bank statements I asked for with that exact same account number. Nice try Smile, but you can't stall the wheels of law...

So, I just sent them the LBA letter by return! since my "can i please have my charges refunded" letter said "if you do not respond or you do not respond pisitively within the 14 day period I will send you the letter before action". At the font of the LBA it says that"I find it difficult to believe that you hold no record of my account since you were kind enough to supply me with statements from thisvery account at the beginning of May 2006... I respectfully request that you check your records again. Given that you have failed to respond positively to my request forrefund of charges you give me no choice to proceed with the following: Letter Before Action."

Bring it on...
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Old 5th June 2006, 22:31   #10 (permalink)
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Default Re: baby steps - I'm scared Fa vs Smile

Oh I say FA. You seem to have grown from a timid little kitten to a fearsome tigress. Go get 'em!!!
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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.
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Old 27th June 2006, 16:34   #11 (permalink)
fannyadams
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Talking FA vs Smile - RESULT!

Just as I was thinking about money claim online....
Today Smile sent me a cheque "as a goodwill gesture" for my charges.
So yes I am SMILING now!
Thanks to all for your support.
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Old 27th June 2006, 18:12   #12 (permalink)
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Default Re: baby steps - I'm scared Fa vs Smile

That's fantastic fanny - well done. I think the boot is on the other foot now and Smile are scared of you.

Would you mind completing the survey, and if you feel the help on this site has been useful I am sure a donation would be gratefully received.
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Using the Consumer Health Forums helps support CAG

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.
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