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Smackbat

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About Smackbat

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  1. Hi all, Hoping someone here might be able to advise my next step or point me in the right direction. Back in January 2016 I called T-mobile to provide my 30 day notice and request a PAC. I tried to terminate using the webchat but kept being advised that termination needed to be over the phone. I decided against keeping my number as I was receiving so many sales calls and random texts so just took out a new contract with Life mobile. A week or so ago I discovered that T-mobile were still charging me £32 a month, so emailed them for an explanation and a copy of the call where I provided termination. They have responded to say that they have cancelled the contract with immediate effect but can not refund the £32 a month for the past 8 months. I've protested saying that the termination notice was provided on time and again requested a copy of the call recording, thinking that as this is the only proof I've cancelled as they don't accept it in writing, they will keep it on record. Their response today is as follows; "Thank you for your email and I can confirm I have now cancelled your line with immediate effect as requested. A final bill will be produced in the next few days and I will make sure this shows as a nil balance so there is nothing else to pay. You contacted our retentions team on 13.01.2016 and requested to put in your 30 days notice to cancel but you also requested a PAC Code. You were advised on the text message with your PAC code that if you didn’t use the PAC code then your line will stay active and continued to be charged. You didn’t need to request a PAC code if you did not intend to use it. You could have just told the retentions team advisor that you wish to cancel your line and not keep the number which would have been happened after 30 days. Every call is recorded and I have tried to request this one from 13.01.2016 but it is unavailable. This is either due to the age of the call or because it was part of a transferred call which can sometimes cause problems with the recording. Due to this I am unable to send you a copy of the recording. I hope the above information is satisfactory but if you have any other issues then please do not hesitate to contact me again." I no longer have the phone I was using so can't check the text message they sent. However, I'm certain this was not explained at the time, and given that they state in their T&C's that it must be a verbal termination notice, I believe I have done everything correctly. Please can someone advise what I do next as I would like a refund of the monies paid since the 30 notice expired. Many thanks
  2. Hi, Really need some help. My wife reversed into a parked land rover freelander parked behind her. She hit the driver front wheel arch from the side at a very very low speed. She took photos at the time, and they show a small dent, a very slightly buckled wheel arch and a few scratches. The driver has now come back with a quote from Guy Salmon for £1,300. There are a number of things that I believe can be disputed E.g., direction of travel (head on impact apparently) and the sheer amount of work that is required. My wife's photos and the photos acompanying the quote differ also, there is damage showing now that wasn't there previously e.g., Scratches do the drivers door. We therefore want to dispute not only the quote but also the arount of damage also caused, but having never been involved in anything like this before have no idea of the best way to go ahead. Are we best to not mention it to the insurance company at the moment? Do we request he has a second opinion? Do we go to the insurance co with the photos and dispute the damage through them? Please please help. Thanks
  3. Sorry. I believe I'd moved house before the CCJ and therefore don't recall anything about it - I think the letters would have been sent to an old address. If I am disputing the debt, and the CCJ was for an amount that gets proved to be wrong, can I then not make a case to have the CCJ removed?
  4. The date of the CCJ on my CRA file is 2009. I really do need to fight this, especially as I distinctly remember phoning them at some point and requesting the payments stop. Only for the to start again a few months later - this is reflected in the statements as well if I remember correctly.
  5. I'm just looking for a little advice or some pointers to other threads with a similar situation. I took out an egg credit card back in 2000. I was pretty useless with the repayments and got into all sorts of trouble and finally I defaulted owing about £3,500. I then didn't hear anything other than the odd letter every 12 months, but I was moving house quite regularly and they never caught up with me. I filed for all my statements years ago and have all the relevant paperwork to now claim back, or reduce the money I owe. I sent the standard claim form off and received a standard response saying at the time the online sales process: Did not require you to take repayment protection insurance as a condition of obtaining the card. Did not provide an advisory service Required you to positively confirm that you wished to purchase this policy during the online application Provided full terms and conditions of the policy and requested you read them before submitting They have now closed the complaint and I have 6 months to raise the complaint with the fos. My questions are Has anyone else had this response and won can anyone provide me with the links to the threads where they have won As I owe £3,500 and by my calculation the PPI + Charges + interest = just over £3,500 can I get the full amount cleared and the black mark on my credit score removed? Many thanks all, I really hope someone can help me as we are expecting our second child and I need to be able to get a mortgage. Thanks
  6. Hi All, Really looking for some advice as I'm losing all patience with this system. I am 33 years old, have lived in the UK my whole life, have worked since I was 16 without a break in employment. I was made redundant on 28th Dec 2012 and started a claim for JSA and housing benefits on 2nd Jan. I live with my wife who works 19 hours a week and my 20 month old daughter. I own a property which is rented out as it's only 1 bed and has no capital in it and we live in a rented 2 bed house. My claim for JSA was closed as they didn't receive back a second property form from me (A64A I think). This is despite completing it twice and having proof of posting. I opened a new claim on 22nd Feb and completed all the forms (including a request for backdate) at the JC on the 25th - where I was told they weren't surprised that the Worthing JC didn't receive my paperwork as "it's like a black hole down there!"!!!! On my way back from the JC on the 25th I received a call asking me if I'd taken home with me the paperwork I'd signed while there, I looked and confirmed I hadn't. I was advised it must have been misplaced. I called the general enquiries number a couple of days later to check all my paperwork had been received but was told I'd have to wait 14 working days after my claim was made before they could investigate. I have called them today (15th March) and the lady said that there were no notes on the system to say anything had been received and that she could only see what was on her screen. I asked to speak to someone who could help and was told to expect a call back. This is as far as I have gotten but I am getting concerned at the length of time this is taking. My housing and council tax benefits are I believe ready to pay out however they are waiting for a copy of the JSA award letter. I am starting to really struggle now and face the prospect of not being able to pay my rent or bills much longer. Any help or advice on what I can do, say, who to speak to etc would be appreciated. Would it be worth speaking to the council, CAB or writing a strongly worded letter to someone? Many thanks
  7. Hi,Hoping someone here can offer me some advice.I manage a team of sales people, however 9 of the 10 I manage are based in an office 252 miles away. I have been managing them successfully for 3 years, always hitting targets, however a new sales director has come into the business and has told me I must be in the other office for 2 full days a week.With a 2 month old daughter and wife at home I am loathed to have to spend so much of my time away from home.My question is, can they force me to do the travel to keep my job. And if not and I refuse to do it what can they do? Will I lose my job, will they have to offer me something else in the business, does it have to be paid the same, can they make me redundant?ThanksSmackbat
  8. Hi all, hoping you can help? My wife told her employer 6 months ago she was pregnant, instantly they told her they were going to have to cut her hours as they needed to reduce costs. My wife raised a greivance, which was eventually closed when the employer agreed to pay her SMP based on her full time hours and not her part time. A variation of contract was signed, stating this agreement. For the past 3 months my wife has been asking for confirmation of her SMP payments from her employer, on her final day of work they told her what there were. Doing the maths we calculated the payments were based on her part time salary. The employer advised her that they couldn't do anything but could pay the difference as a return to work bonus. She asked for the bonus to be paid at the end of the first 6 weeks and got the response below "I appreciate your workings out however, our hands are tied. As I have previously explained the Accountants do the payroll and ensure that everything is correct above board. The advise I have received is that we can offer you a return to work bonus of £367.40. Whilst it is true that we agreed to try and base your SMP Calculations on your full time salary the law states quite categorically that SMP is calculated on your last 8 weeks relevant pay period. Certainly I was under the misapprehension that we could do it. However the advice is different. The Accountants will not agree to break the law despite what I say or have sought to agree with you. Hence this bonus scheme idea was formulated. It is entirely up to you whether you accept it or not. You are of course at liberty to seek advice should you so wish, But, unless I am persuaded that there is another way then there is nothing I can do." The actual difference is only about £360, but it's more the principle. They have messed her around for the entire 5 years she's been employed by them and this is the thanks she gets. Is there anything we can do to force them to pay up???? Thanks all Smackbat
  9. Hello, I have today been informed that I am to be placed on sickness absence review. The reason being that in the past 12 months rolling period I have been off on 8 occurances for a total of 17 days. The sickness has been well documented and I have doctors certificates to cover these periods. I am a sales manager and as a result of the sickness absense review I will not receive any commission for 6 months (about £7k) and will not be able to have this backdated at the end of the review, I will not be able to take time off as flexi and I will not be in a position to receive a pay increase in Dec in line with the rest of the company. I am obviously not happy, if my sickness had formed a pattern or I was not genuinely ill - one instance I came into work despite being signed off because I knew how serious my absence was, only to become dizzy at the top of a flight of stairs and fall down them and be taken home by my manager, i had an inner ear infection. My company T&C's on sickness absense states "The emphasis of this review is on remedial action designed to restore attendance to an acceptable level. Reasons, duration’s, frequencies, patterns of absence, departmental needs and individual circumstances all differ therefore it is not possible to state optimum levels after which an employee could expect to be placed on review. Prior to an employee being placed on Sickness Absence Review they will be required to attend an informal investigative interview with their manager or Team Leader to discuss their levels of absence. If following this meeting the Manager or Team Leader decides the employee should be placed on Sickness Absence Review they shall be formally advised in writing. The letter will state the duration of the review (normally 6 months but may be curtailed or extended depending upon an individuals attendance record) and the dates for interim review meetings. The purpose of the interim review meeting is to discuss attendance and review progress since being placed on review. Whilst on Sickness Absence Review you will be required to have a full return to work interview after any period of absence (this will be in addition to the periodic review meetings). You may also be required to visit the Company Medical Advisor for the purposes of obtaining independent medical advice. Should an employee’s absenteeism continue to be unacceptable they may be subject to disciplinary action and ultimately dismissal. Whilst on Sickness Absence Review the Company reserves the right not to pay an employee for any period of sickness absence. Such action will only be taken after the Manager or Team Leader concerned has discussed the case with the Head of Human Resources. Should it be decided not to pay for a period of sickness absence the employee will be advised in writing. When your Manager or Team Leader believes you have attained an acceptable level of attendance you will then be formally advised in writing that you are no longer on Sickness Absence Review. The right of representation is available at all stages whilst on Sickness Absence Review" I have expressed my opinions to my direct manager, I am unhappy for a number of reasons. 1) I was off in Jan/Feb with an inner ear infection, on my return I had been off sick on 9 occurances totalling 19 days. I was not given an absence review at this point. My absense has now decreased over a rolling 12 month period (8 occurances totalling 17 days), having been off sick the beginning of the month for 4 days. 2) At the beginning of the month I was off for 4 days suspecting swine flu, I went to the Dr on day 2 who was unsure and took a swab but advised me to remain off work for at least 48hrs. When I was informed it was not swine flu I went straight back to work. We then had a communication at work advising if we had any flu like symptoms, we were to stay at home. 3) My commission will not be held and then paid if I am not sick during the next six months. Other employees have had their commission backdated upon successful completion of the review period - I feel I am being discriminated against. 4) My sickness has not affected my performance, in the past 12 months my 2 appraisals I have been graded as exceptional performance exceeding all stretch targets. 5) The fact i should be placed on sickness absence review was decided by HR and not my manager who advises me that he fought nail and tooth not to be placed on sickness absence review - the T&C's say that it is my manager who makes the decision. I wish to now approach my HR with a resolution, advising of the above reasons why I am unhappy and a proposal that if I exceed my stretch targets by x % then my commission can be backdated upon successful completion of the review period. I will indicate the benefit to the co in keeping me motivated, however I don't believe this will make any difference. Please can someone offer me some advise!! Do you think I have a grievance I can raise? Is there anything else I can do? If not do you think I have a case for discrimination? Than k you all so much for having a look at this for me! Smackbat
  10. Hi, I was in Sole Trader yesterday and wanted to buy a pair of shoes. The pair I chose were on display at £44.99, however when I got to the till they wanted £54.99. I said to the lady at the time that you have to sell at the advertised price, and her reason for not doing so was because it didn't have a sticker on it. I argued that the law states you have to abide by the advertised price, however she wasn't going to agree. Eventually I took her name, position, and details of the shoe and said I would complain to the Office of Fair Trading. During which time she changed the tag on the shelf to show £54.99. Do I have a case for complaint?
  11. Hi,I was on a train from Redhill to Earlswood yesterday after work and as normal had a valid return ticket for the journey to see my gf. As we pulled out of Redhill, my gf called me to say she was stuck at work in Horsham and could I meet her there as we were meeting up with friends in Brighton and she was driving down. I didn't have a valid ticket for the entire journey and as the train was so crammed decided to wait for the ticket inspector to come around and I could buy one on the train. No-one came so my friend and I got off expecting to be able to pay at the barrier. The person infrount of us said to the inspector he needed to buy a ticket and was shown to the ticket booth to buy a valid ticket, my friend explained he needed to buy an extension and was directed to the ticket booth to buy the ticket, I explained I needed to buy an extension and he fined me! When I asked why he let some people through but not me he said "we don't let anyone through without a valid ticket!" I explained he'd let my friend through and another passenger but he didn't care and continued to fine me.Any way I paid fare from Earlswood to Horsham, with the remainder to pay within 21 days but on the penalty notice he handed me there are a few errors.1. The time he stopped me it says 15:55 at which time I was at work. I was actually stopped at 17:552. The reason I was fined is indicated as 00 No ticket, when in actual fact it should have been 03 Travel beyond validity3. He has stated I was travelling from Ifield to Horsham, when I was travelling from Redhill to Horsham.My question is based on the face that the penalty notice is incorrect, can I fight this on this basis?ThanksSmackbat
  12. Ha Ha Ha, Strike Three And You Are Out!!!!! Smile Have Today Paid The Full £280 Into My Account. Another Victory For The Mortal Consumer!!
  13. Having checked my account today, I have received a mysterious credit to the sum of £120! Is this an attempt by Smile to put me off the scent? Well they haven't filed a defence, and I've no idea if this £120 is from them or not. So I've sent them a secure message to remind them that they owe me £280 by midnight tonight or I shall file a default judgement against them! "FAO Val McClarren, Head of Debt Management. I know I have been advised to write to you via snail mail, however this secure message will have to surfice in light of the time constraints involved. Toady is the 28th day after claim 7QZ77168 was filed in the Northampton County Court against smile for £280. I have today noted that a credit of £120 was credited to my account over the weekend, however as I have no communication from yourselves I am unsure what this is for, I am assuming this is from yourselves in order to resolve the outstanding claim. Please can you confirm this? Needless to say my claim was for £280, therefore if I am not in receipt of this full amount by midnight tonight, or smile do not enter a defense, I will be filing a default judgement against smile tomorrow. Yours faithfully Smackbat" Come on smile, pull your fingers out and sort this out.
  14. I fired off a letter on the 21st in response to their attempt to put me off; Vivian Calderbank Head of Debt Management Smile 19th Floor Miller Street Manchester M60 4AL 21st June 2007 ACCOUNT NUMBER: xxxxxxxx Dear Vivian Calderbank, In response to a letter dated 31st May 2007 from Chris Hopkins (copy attached), which I received on 15th June 2007. I am surprised that you have found that I have been refunded more than I have been charged previously to the tune of £765, however the enclosed schedule of charges that was referred to were not in fact enclosed. Therefore I have done my own calculations again and believe that my calculations were correct the first time. As Smile insist I respond to you via mail and not via the secure messaging system, I am writing to reiterate my stance and that I do not consider this matter closed. Please find below a copy of the correspondence so far in the secure messaging system that Smile are now not happy to communicate through. “Hello Smackbat As previously advised, if you wish to take this further please address all further correspondence to. Vivian Calderbank 19th Floor Miller Street Manchester M60 4AL Regards Pamela Eason Message Sent to Bank ----------------------------------------------- To : BANK Date : 13/06/2007 Subject : Manager Hello Chris, This is the first time that Smile have mentioned that I have had refunded more than was previously claimed. Looking at my account I can see that I was refunded £85 on 26/09/06. This payment was made after I filed my original claim at the court house, so was therefore not taken into consideration. On settlement of the claim, Smile decided to pay back £4,429.28, despite the earlier payment of £85. I took this as Smile's decission to do so, had I been offered £4,344.28 I would have accepted in light of the earlier payment. I can see that I was again charged £25 on 12/06/07 and will again be charged a further £20 on 21/06/07. As these charges do not make up part of my current claim, and I will most likely be charged further charges in the future. I will be happy to discuss the final settlement figure in court. Regards Smackbat Message From Bank ----------------------------------------------- Operator ID : CHOPKI Date : 10/06/2007 Subject : Manager Hello Smackbat As previously mentioned, you have been refunded morew than you have been charged. As such no more refunds will be applied to your account. If you wish to take this further please address all further correspondence to. Vivian Calderbank 19th Floor Miller Street Manchester M60 4AL Regards Chris Message Sent to Bank ----------------------------------------------- To : BANK Date : 04/06/2007 Subject : Manager Chris, The charges I am claiming for were made on 13/02/07, 11/04/07, 19/04/07, 20/04/07 and 23/04/07 as stated in my letter dated 25/04/07. Therefore I am to continue with my claim. Regards Smackbat Message From Bank ----------------------------------------------- Operator ID : CHOPKI Date : 04/06/2007 Subject : Manager Hello Smackbat The refunds applied to your account were on 10-10-2006, 03-10-2006, 26-09-2006. Regards Chris Message Sent to Bank ----------------------------------------------- To : BANK Date : 04/06/2007 Subject : Manager Hello Jackie, Please advise on what date the charges were refunded to my account. I have had a look at the account and can not see any refund. Rgds Smackbat Message From Bank ----------------------------------------------- Operator ID : JBURGA Date : 01/06/2007 Subject : Manager Hello Smackbat I've had a look at your account and can see that all charges have been refunded to your account. Regards Jackie Burgess smile Complaints Team Message Sent to Bank ----------------------------------------------- To : BANK Date : 22/05/2007 Subject : Manager Dear Val McCarren, Please advise why this transaction was authorised by the bank from a DEBIT account if there was not enough money to clear. I suggest that this is due to unlawful bank charges. Seeing that I have had no satisfactory resonse to my outstanding query, I have today claimed for £250 plus court costs and interest via Money Claim Online. I look forward to your response Yours faithfully Smackbat Message From Bank ----------------------------------------------- Operator ID : BPSML1 Date : 21/05/2007 Subject : Account Management (debt Management) Hello Smackbat Even though there wasn't enough money in your account, I've had to make these payments for you: Item: Delta Reference: http://WWW.FLOWERSDIRECT. Amount: £36.29 Our charges are in the tariff. Just visit smile.co.uk - the internet bank and select the account from the list on the left hand side, then click on 'tariff' for details of these charges. Please pay enough money into your account to get back inside your limit straight away. Make sure no more money is taken from your account in the meantime. Try to make sure this doesn't happen again. If it does, we may ask for your cards back and we don't want it to come to that. You can call us on 0870 241 1068 to talk to us about this. We're open between 8:00am and 7:00pm Monday to Friday, and from 9:00am to 1:00pm on Saturday. Thanks Val McCarren Head of Debt Management” Yours faithfully, Smackbat
  15. HELP ME! I need some advice. I received a letter this morning, dated 31/05/07 - 14 days to arrive. "Dear Mr Smackbat I'm sorry that you've felt the need to write to smile about the charges applied to your account. To ascertain the correct level of refunds to be applied to your account, I have undertaken a detailed review of all prior refunds. To my surprise I have found you have been refunded £765.00 more than you have been charged (see enclosed schedlue of charges). Taking this new information into account I'm not in a position to refund any of the charges you have mentioned. At this stage we are required to let you know that smile will regard the complaint as closed if we do not receive a reply within 8 weeks of this response. Blah blah blah Chris Hopkins smile Complaints Team" Guess what? There was no attached schedule of charges! I've double checked my calculations and I believe I got it right. I'm going to respond demanding they demonstrate to me where they think I have been overpaid. Using the schedule of charges I sent them back in 2006, can they highlight the ones that are incorrect. If they fail to do so I within 14 days, I will accept the failure to do within the specified time period as acceptance that the previous refunds were in fact correct, and I will consider this matter finished. My concern is this; if I have claimed wrong back in 2006 and they paid up in error, can they reclaim this or not pay my claim of £250? Some advice would be greatly appreciated. Thanks everyone
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