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    • I posted a couple of years ago about our debt situation and have been trying to pay off our debt as best we can. It is a possibility I maybe made redundant in a few months time, so I am trying to find out everything I can about what happens in today’s world when you can’t pay. I keep finding conflicting advice on various sites so I wanted to post this quote to get thoughts. It claims basically that the dca will likely get enforceable documents these days and therefore it’s likely you will have to pay dca at some point during the 6 year process.    on here I read a lot of comments assuming the exact opposite of this. A lot of the threads on here state the beginning of the process but I never see conclusive stuff about what happened from start to finish to get insight into whether debts post 2015 have been enforced etc. I hear a lot here not to pay dca companies but most my debts are post 2015 debts I am all up to date on our debts but if I lose my job it is likely I’ll end up where I tried to avoid in the first place. Which is destroying our files and dealing with DCA. I’ll post it below so you can see what I mean.   It is likely that any debts incurred after 2007 will end up with all the documentation being provided and being enforceable. Therefore you should use the time while awaiting responses going through your Income & Expenditure and considering any possiblity of making a full and final settlement. It can take a number of months to reach the stage of a hearing date and exchange of witness statements and normally you would be able to settle or come to an arrangement to pay before the court hearing, once documents have been provided, although this isn’t guaranteed.
    • depends who said sols state their client is. IDRWW vis~IDR(worldWide) are a debt collector regulated & registered in the UK & USA    they are not solicitors. they use various 'for hire' - here use our letterhead paper tiger solicitors. its just a case of who's stupid enough to join their folly. IDR law used to be their fav but they lost do much money, they broke ties after almost being struck off and now do Will/Probate disputes only. IDR Legal are their sols wing. moriarty law Judge and priestly Taheel - a foreign DCA that use absolutely any trick in the book to extort money even pretending to be any of the above inc being the bank themselves in phone calls.           
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Off We Go Again!


Rusty-London
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Well, after going after HSBC and being up to the MCOL stage now I've decided to give it a go against Smile as well.

 

The amount isn't as much as with HSBC, it's only £275, but it's all better in my pocket than theirs;)

 

I've emailed the imfrowning@ e-mail address with a prelim letter from the template library, re-worded slightly to ask about manual intervention. So far Smile are doing better than HSBC 'cos at least they've replied to me...even though it is the standard reply that people are recieving.

 

I'll keep everyone updated with progress as and when anything happens!

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Hi Rusty-London,

 

I don't know if you've had a chance to read about other peoples experiences with Smile? The good news they are pretty good compared to the others. Once you have your statements and send the LBA1 they usually pay up. As far as I am aware no one has had to file with money claim. So fingers crossed that £275 maybe in your pocket sooner than you think!

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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So you wrote to them on the 17th, and have already had a written reply? Crikey! That's good going, even if it is just a "standard" reply.

 

I put a claim in on my co-op account, last thursday, but I haven't heard anything yet...

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  • 3 weeks later...

It seems that smile aren't being as helpful with me as they are with most other people! I've sent the Prelim and the LBA and have only recieved 2 standard replies. I didn't do a DPA request as I got all the statements off the online banking annd asked about manual intervention in the Prelim.

 

Should I think about starting again from the DPA request so everything is in place before trying to get the money back, or should I just go ahead as planned within my timescale I've set?

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I would just stick to the timescale set. You have to remember these people have a HUGE back log!

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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I recieved a secure message from someone called MANAGER today, they are basically saying that they recieved my LBA and my previous letter regarding this and should have recieved a standard type acknowledgement...it goes on to say that the complaint is being dealt with within the timescales set out by the FSA.

 

Has anyone else had a similar reply???

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I just recieved another standard email reply from Smile today....But I've no idea what they are replying to as they've already replied to all my other letters :idea:

 

The 14 days is up tomorrow for the LBA, so I'm thinking about sending a letter to them telling them that I understand they are very busy at the moment, but if they don't refund the charges by the end of the week I will have no other option than to file a claim with MCOL which will result in them having to pay interest.

 

I'm hoping they won't decide to close my account if I go to the MCOL stage with them, because apart from the charges I think they're the best of a bad bunch as far as banks are concerned:eek: (hopefully the fact that I've paid the settlement cheque from my HSBC claim into my account will deter them from closing it!)

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I contemplated sending them a note (17 days since they got the LBA, and all I got back from them was yet another 'sorry you had to complain' template letter), but thought better of it. I've got less to lose as I don't bank with Smile anymore, so they can't close my account. However, why should them being busy or backlogged affect my timeline? I think having given them more than a month to answer a complaint the least they could do is come up with more than a fob off letter.

 

Rant over :)

If my reply or advice was helpful, please click the scales!

-------

DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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I am getting the impression that because Smile have played nicely, people are willing to give them a little more time than stated in their letters in the hope that eventually they will pay up...and I'm sure they will. However we stipulate a timescale to them, and we should stick to it. If they have such a back log they should employ more staff to deal with it.

 

My advice would be if you have had no response, or an unsatisfactory response in the time you have provided them then move onto the next stage.

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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  • 2 weeks later...

Good luck Rusty. My MC was issued on 16th August, still nothing from them - not even an acknowledgement of service.

If my reply or advice was helpful, please click the scales!

-------

DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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I can imagine it now.. James Nesbitt in a new 118 247 ad.

 

'Hello, can you recommend a good solicitor in Manchester. Preferably one that is ethical.. What do you mean, there's no results?'

 

Priceless.

If my reply or advice was helpful, please click the scales!

-------

DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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  • 3 weeks later...

Finally got an acknowledgement of service from Smile today....with one day left!

 

I've searched through the posts but can't seem to find anyone who has gone through the Moneyclaim stage yet. Is anyone aware of anyone who has been taken the whole way by Smile, or are they the same as most of the other banks where they acknowledge service, then pay out?

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(half raises hand)

 

I'm still in the court stage with Smile. AOS has been done, they've got five days left to file a defence.

If my reply or advice was helpful, please click the scales!

-------

DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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