The journey ahead

[Jacksy1980]

Im new and after reading all these articles and seeing interviews and articles regarding the challenge of fees, i have decided i will try to get my fees etc back.

What i would like is some advice possibly from people who have taken these steps and are with smile.

I think ive been with them for over 6 years, so i will 1st of all be asking for a full list of charges and overdraft fees, if thats right.

Ive read with intrest that it says you must make sure you have enough funds via online statements. Well i find ive been charged when the online statement shows a cheque or debit to have been paid, only for me to check the next day and find that ive been chrged, the DD will be claimed another day and that it was because i didnt have enough funds in my account. So how good are there 24 hour online statements, if it says 1 day i have the money and a payment has been cleared and the next day the opposite has happened and im out of pocket!

Just last week i was charged £75 for a similar thing, had a cheque and debit go out, checked online to make sure i had enough in the bank, which showed i did, budgeted for what money i could take out the cash machine without leaving less moneys in for the direct debits. And bingo im charged.

 

Well il keep everyone posted and would aprreciate any advice. I will be reading the questions and answers to see if i am doing everything correct.

thanks

[alanfromderby]

I will be reading the questions and answers to see if i am doing everything correct.

thanks

 

All the best for your claim - if you follow the FAQ's you will be fine. The main thing to remember is that the banks are the ones in the wrong. Keep to the deadlines you set, and stay strong and focussed.

[BankFodder]

Calculate of your charges going back to the beginning. Don't worry about the six years at the moment. let them bring that up if they want.

[Jacksy1980]

Calculate of your charges going back to the beginning. Don't worry about the six years at the moment. let them bring that up if they want.

I have to ive been online and the statements on there only go back till 2004, so i dont wanna miss out 4 years. Ive read the F.A.Q just confused, do i add up the service charge, and the daily excess charge or leave one of them?

[BankFodder]

When I say not to worry about the six years, I mean if it is 7 years or 8 years start claiming for everything.

If they want to bring up the question of the lmitation period then it is up to them.

 

As fas as which charges to claim for, I don't reconise the names you give. very company has different names.

You claim any money which was taken from you because you transgressed on your acocunt - plus the interest they charged you on those charges.

[Jacksy1980]

Sent a letter today asking for a list of all chrges that they have given me on my account.

So just waiting now.

Once i get a list do i also count up the Debit intrest per month on my overdraft? As well the service/excess charge, daily excess charge and of course commission on bounced cheques, debits etc

Thats the part im un sure about at the moment.

Il keep you posted

Jack

[Jacksy1980]

Ive read the FAQ again, so obviously i cant claim for the Service charge, as they have provided a service. But il go for the others! I added up commssion charges and daily excess charges that are on my statements(online) for the last 2 years them alone add up to £400 and theres possibly 4-5 years i dont know of yet! Fingers crossed then

[Jacksy1980]

UPDATE

After asking for a letter regarding all charges and moneys owed, i recieved a letter today(headlined as the co-operative bank) stating that they acknowledge reciept of my request for a copy personal data held by the bank regarding my account. (they say its called subject access request)

They acknowledge my £10 sent to them and the information i requested will be provided within the next 40 days.

So fingers crossed, now do i still keep to my 40day deadline or now wait 40 days from the date of the letter i recieved from them?

Jack

[Jacksy1980]

The cheque cleared a week ago that i sent them to see my data.

So i sent a secure message politely reminding them that the 40 day deadline will soon be upon us.

They have replied saying a letter was sent to me acknowledging my request and I will recieve the info 40days from that letter.

So i politely reminded them that I set a perfectly reasonable deadline and if this is not met I will start my procedures for all charges and fines I have been given and told them I am prepared to go to court.

 

Im trying to make it clear that ive set the deadlines and they play to my rules! I wont be bullied into waiting for them.

 

So looks like things are getting intresting.

[BankFodder]

The Subject Access Request begins from the moment that your application and payment is received by an appropriate person. I think that you can say that as you sent your application on the sixth, that the date of the application is effective from the ninth.

 

I think it would be worth pointing this out to them. However if they do overshoot by 10 days there really won't be much that you can do about it.

 

Keep on sending them reminders and on the expiry of your 40 day deadline you could send them a 10-day letter before action, assuming that you are prepared to bring a DPA claim in the courts.

[Jacksy1980]

DEADLINE day today, and no letter recieved.

Gonna send a few more secure messages see what the responce is, but looks as if i have to wait...grrr

[alanfromderby]

The DPA Non-Complaince has been covered in the Bank Template Library, but only use if you want to apply real pressure.

[Jacksy1980]

I rang them yesterday and the woman said something should arrive within 10days, so Ive given them 10days after that, Im sending a letter of action.

And to make things worse check this out, for a few days theres been a £25 commission charge placed on my account, which has taken me over my overdraft limit, which will incur more charges. I was disgusted so I asked what the charge is for.

They said it was card misuse as i made a payment to topman of £60 and they had to cover it.

Funny because I made this payment on pay day when I had over £300 in my account, and when I went to the cash machine later that day it had accepted the payment so I only had £240 available balance.

Being mad I told them this and said it looks like your charging people for having money in there account now! grrrrrr

[sunseeker]

Hiya Jacksy,

 

I had same problem as you with that 'card misuse' line. I told them that there was money in the account when I used my card to buy a mobile phone but they said that it depends when the store processes the payment (could be a few days later). As this was after a variable DD went from my account and before a cheque payment had cleared, I was then overdrawn.

 

It's like rubbing salt in the wound as you have to pay charges for the retailers who can't be ar**ed to process transactions promptly. Grrrrr

[Jacksy1980]

I know how you feel but who are we to believe?

As the money had been taken that day and I couldnt use it, you would think thats it, its gone transaction done.

Oh well I guess its more to add onto the charges they can pay me back.

Funny thing is they replied to this secure message, but im still waiting for them to reply to at least 3 secure messages regarding my data, and possible court action.

[sunseeker]

Perhaps they use this way of processing transactions to generate as much as they can in 'charges'. That way they can restrict what you can withdraw, then tell you you were overdrawn after bouncing a few payments and earn more cash for themselves. Or am I being cynical ;-)

 

Anyways, that was before the tidal wave of claims that everyone is filing from here. Like you say, more for you to get back eventually.

 

Also know what you mean re: secure messages. Some sent to me disappeared after I had read them when I had questioned charges to my account!!!

[Jacksy1980]

Got my data through today, added it up and it comes to £975 that excludes debit intrest charges for my overdraft, do i add this as well or just leave that?

I understand i only add the 8% if i am going to court right?

[sunseeker]

I'd just go for the £975. Addin the debit interest can get a bit complex as others have said on the forum. I'd give em 14 days but keep pushing for 2-3 times per week.

 

If they want to play brinkmanship, then they have to pay the 8% and court costs. No accounting for their line of thought sometimes ?

[Jacksy1980]

Bingo, i finally got a reply regarding my DPA, apparently its been sent out twice, but get this, ive had a reply, the title..MANAGER

Hes apologised for the high levels and has asked for a run down of charges I am not happy with.

I sent him a copy of the template, starting action which includes charges, via secure message, as well as the same letter sent via mail.

Sounds good

Il keep you posted

Jack

[caro]

Sounds promising. Smile seem to be sensible and saving themselves a lot of time and trouble, not to mention court costs by paying up quite quickly. At least I hope so, as I've asked for my charges now as well.

[Jacksy1980]

Sent a secure message off on sunday asking for an update into my claim, come wednesday still no answer so I phoned them, and the nice chap on the other end told me someone called chris is looking into my claim with the legal team and I will get a responce by 30th June. The 1st 14day deadline is this saturday, so as this site says il keep the pressure on them and if I havnt heard anything by saturday il send out the next letter, giving them another 14days.

Have ive learnt by people on here, smile have been quite sensible with these claims and looks as if they know there in the wrong and dont want to dilly dally about.

Il keep you posted

Jack

[Jacksy1980]

The 1st 14days expired so i sent the 2nd letter before action, I also sent it as a secure message and asked for an update, Suprise suprise no reply.

So i rang them asking saying ive sent lots of messages and find it frustrating that you havnt replied. The woman on the end apologised and wen tto ask about an update. I got told that il be told before end of month. She was being really nice, and definatly wasnt reading off a script. SO fingers crossed

Jack

[caro]

As long as that is within your timescale and you are happy with it then fine, but it must be on your terms.

[Jacksy1980]

Just had a letter today from someone called Chris Hopkins of the complaints team.

Basically it asks for a copy of the subject acess request i asked for way back in may,. I rang to ask what this was and its just the statements i wanted.

So now i have to send this to him at an address in skelmersdale.

 

He says he will deal with it personally as quick as possible.

Ive sent it today by recorded and have let him and the smile team know that my deadline still stands.

 

Just wondering if anyone else has b een at this stage?etc

[Jacksy1980]

I read that someone else has been sent the same letter by this person.

Im just wondering everytime i ring im told there looking into it, thats fair dos i guess abd obviously its just someone reading notes from the screen, but we both set a deadline for the end of the month.

I have been told they will let me know there decision by the 30th which is also the end of the 14days for the 2nd letter i sent.

So if ive had no responce, i want to ring up and i dont want to be told there looking into it, i want to speak to someone who knows what there doing, any advice from others who have been in this situation about how to go about it?

Ie any names i can ask for, things liek that.

Im going away next wednesday so if i start a court claim i wont be here for a week, which could stop me from sending letters, answering calls etc

Thanks Jack