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    • The world's largest economy grew less than expected but rising inflation may delay a rate cut.View the full article
    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Shippy v Smile ***WON***


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Hi,

 

I've just received my SAR 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 SAR 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 interest - £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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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.

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  • 3 weeks later...

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

 

My SAR 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!

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My girlfriend's charges were refunded in full today by Smile - 9 days after the LBA 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 donation is on its' way ;)

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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...

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Congratulations

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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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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

 

 

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  • 4 weeks later...
  • 1 month later...

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 click the star and "add to my reputation" :p

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Mines still open nearly a year after they paid up.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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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That's good to know as I reckon they owe me about £3k. Have just sent my S.A.R - (Subject Access Request) 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) :mad: :mad:

 

Wish me luck! :D

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 click the star and "add to my reputation" :p

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