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Leo1 vs Smile

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I have a Smile Current Account and also a Smile Credit Card. I am about to send DPA letters to find out my charges, but am unsure whether to send 1 letter and include £20 for both account info or should I send 2 separate letters?

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1 letter, 1 cheque. It is the same company and you are asking for details they hold about you.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Welcome to the forum and good luck with your claim. If you haven't done so already can I suggest that you use the time you are waiting for your information to really familiarise yourself with the processes involved. One good thing is that smile seem to be quite quick and good at refunding at the moment, but that doesn't mean it will always be like that. You have to be prepared to go to court in the unlikely event of it reaching that stage.:rolleyes:


 

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

:p

 

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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Hi All

 

Did Smile close your account after successfully claiming? I will be sending off my claim to Smile soon, but I am hoping they won't close the account afterwards as I would really like to continue banking with them.

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I haven't heard of Smile doing this. In fact they seem to be behaving quite reasonably.


 

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

:p

 

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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Smile has closed my accounts after refunding the charges.


Co-Operative bank default removal - succesfull december 2007.

 

Capital One Bank default removal - succesfull february 2008.

 

Co-Operative bank Visa default removal- Claim filed March 2008

 

Smile default removal - ongoing

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Smile has closed my accounts after refunding the charges.

 

Am I right in thinking though that this was not solely due to refunding charges. Didn't I see on another post of yours that there were other issues which may have led to the closure of your account.

 

I meant that I have not heard of smile closing accounts due only to refunds being claimed.


 

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

:p

 

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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I sent my DPA request off on 9 June 2006, got a letter back from Smile yesterday acknowledging my request but their letter says my request will be actioned within 40 days from the date of THEIR letter (20 June 06).

 

What's the best way to tell them to bog off, its 40 days from receiving MY letter.

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I wouldn't worry at this stage, they know the rules and you will get your statements before your 40days are up anyway! save your stamp for later on:)


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Ooh, they do infuriate me!

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Just bide your time. You will get your own back.;-)


 

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

:p

 

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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I hope they don't close mine as I have a student overdraft which is at 0% for another year. I can only find £100 charges so far, is it worth the risk?


 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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I hope they don't close mine as I have a student overdraft which is at 0% for another year. I can only find £100 charges so far, is it worth the risk?

 

I think it is highly unlikely, but the advice is always to get a parachute account just in case. I think £100 is definitely worth it. It really has only been very isolated cases where smile have closed accounts, where there have been additional issues as well. I really wouldn't worry about it unless they have already threatened closure for some reason.


 

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

:p

 

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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they havent closed mine (refunded today) just said "stay within your o/d limit in future".

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well I haven't got any issues with them, but I am gonna wait until a cheque clears and remove the money just in case they cancel my o/d. I do have another current account but it isn't as good as smile.


 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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barclaycard and capital one have closed my accounts lets hope smile don't too if this is the trend


 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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They didn't close mine.....I will continue to bank with them as they certainly seem the best of a bad bunch.


Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, 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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Smile owe me £1143 in charges. They offered me £850 which i rejected by secure message and I asked for the amount in full. Smile have now sent me a secure message asking me to ring them to discuss.

 

Should I ring them or should I ignore it and go straight to moneyclaim?

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Leo

 

The problem with phone calls is that unless you are confident and clear about what you want then you are likely to loose out.

 

Read the MBNA are not your friends link in my signature to see what i did.

 

I made sure i had everything sorted before speaking with them. When they wanted to do something i didn't want, if it wasn't clear in my mind i said i would think about it and let them know.

 

That way i never made a snap decision and didn't loose anything i wanted.

 

HTH

 

Glenn


Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Leo if you do ring them use this first go to this website RecTel: Call Recording Service they will give you a four figure pin number just follow the instructions, when finished go back to the site enter pin and your phone number and you can download the phonecall.

 

read the disclaimer It is not illegal in the UK to record a phone conversation for your own use and you don't have to tell the other party that you are recording the call. If you are recording calls for other purposes we advise that you check the relevant laws before using the recording.

 

if you do use this stay calm, dont swear, have questions printed out if you want to ask any, dont over talk him/her as this would make the recording harder to make out.

 

benefits: it would stop any he said she said its on tape or mp3 lol

 

and if the do waffle or say things they shouldnt regarding there knowlodge of the "LAW" they cant deny it.

 

i am no way connected to this site i have recorded all my calls and knocked up a word document transcribe.

 

steve

  • Haha 1

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Ah bugger it, i'm just gonna go straight to moneyclaim. I don't feel confident enough to discuss over the phone in case they try to catch me out. Thanks guys x

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I recently asked Smile to refund my charges of £150 and had this response:

 

Hello Miss Eden

 

A number of banks and financial service organisations are working with the Office of Fair Trading and the Financial Services Authority to clarify the legal position regarding bank overdraft fees.

 

The Office of Fair Trading is conducting a detailed study and the banks are in close consultation with them. smile fully supports this review.

 

We have agreed that all existing or subsequent customer claims for refunds of bank overdraft fees will be put on hold until the outcome of the review.

 

We will be sending a letter explaining the situation in greater detail to all affected claimants.

 

Regards

Can I still continue with my claim?

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Yes you can still continue your claim :) stick to your timescale and have a read if this http://www.consumeractiongroup.co.uk/forum/barclays-bank/107576-oft-test-case-what.html


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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I've had Moorcroft chasing me for a smile overdraft. I sent them a CCA request to which they have responded: 'certain agreements are excluded under Part V of the Consumer Credit Act, we believe our client falls under this category"

 

Now i believe this is just a fob off, how do I respond to this??

 

Thanks in advance

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Unfortunately not, although covered in part by CCA the section refered to in a CCA Request is not covered.

 

Have you sent the prove it letter, to see if they actually have the right to be chasing you and demanding money? This may be the next step.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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