bombardier v smile ***WON***

[bombardier]

I am about to send my preliminary letter to smile. Before I do though, I want to make absolutely sure I'm not claiming anything I shouldn't, so does anybody know what description smile give any charges they have refunded to yur account? I have only been able to go back three years with my paying in book as I must have lost my first one with the stubs in.

 

Thanks,

 

bombardier

[caro]

Hi Bombadier

 

If you haven't got all of your details you should do a SAR to get all of the information on your account going back at least 6 years. I am not sure how you paying in book helps, but basically you can claim any charge that is a penalty.

[bombardier]

Hi Bombadier

 

If you haven't got all of your details you should do a S.A.R - (Subject Access Request) to get all of the information on your account going back at least 6 years. I am not sure how you paying in book helps, but basically you can claim any charge that is a penalty.

 

Hi, and thanks for the quick reply. I have already sent an S.A.R. and received back copy statements for the last six years. My problem is that credits that were not made by bank transfer or retailer refunds etc. show on my statements simply as 'CREDIT' or '000000 CREDIT' with no indication of what they were (cash paid in, cheque paid in etc.) and I am worried that there could be a refunded charge listed with no indication that that's what it was. I understand the case to be that you cannot claim back charges that have been refunded and I want to make sure that I don't have any of these.

 

I have gone back three years (with the use of my paying-in book) and confirmed each credit, but can't do that for the fourth - sixth years as I don't have my paying in book. So, if there is anybody who has had charges refunded in the past, please could you let me know what they appeared as on the statements?

 

Does that make sense now? Sorry if my first post was confusing.

[caro]

I see what you mean. Were there any instances of refunded charges in the years that you checked, and if so what did they say? I assume that the paying in slips would have numbers showing on the transactions so you could eliminate those.

[bombardier]

I see what you mean. Were there any instances of refunded charges in the years that you checked, and if so what did they say? I assume that the paying in slips would have numbers showing on the transactions so you could eliminate those.

 

Hi. Thanks for the reply.

 

That's the problem - I'm not sure if I had any refunded charges as there is nothing to explicitly say that I did - I have also confirmed those that I paid in with my paying-in book by the amount of them, not by an individual reference as there isn't one.

[debug77]

Hi... Smiles charges appear as items such as "Late Payment" (on credit cards) and as "Daily Excess Charge" and "Service Charge" on current accounts.

 

I believe they also sometimes use "Commission".

[callumsgran]

Just claim for all of them, they'll soon let you know if they think you are claiming for something thats been refunded!

[bombardier]

Hi... Smiles charges appear as items such as "Late Payment" (on credit cards) and as "Daily Excess Charge" and "Service Charge" on current accounts.

 

I believe they also sometimes use "Commission".

Thanks for the replies. I think you're missing the point of my question though. I know what charges are called. I'm trying to ascertain what refunded charges are called. From reading other posts on here it seems to me that you should not (and rightly so, really), claim for any charges that have been refunded, and doing so could jeopardise the possibilty of getting anything back - or have I got that wrong?

[debug77]

Ahhhh sorry, I understand now. Good question. When I was looking through my statements I couldnt see any credits that were the opposite of my charges. I've never asked them to refund charges before so I wasnt really expecting any so I'm not entirely sure what they'd list them as.

 

On my MBNA account my refunds have been listed as "ADJUSTMENT TO BALANCE" so perhaps something similar?

 

Sorry thats not much help!

[caro]

I have not heard of anyone having their case thrown out for having the amount wrong so I don't think you need worry unduly. The schedule of claims is done so that the items can be checked, so the point Cillit is making is that Smile will let you know if they disagree with any of them. It would not invalidate your claim against the unlawful charges which had not been refunded.

[bombardier]

I have not heard of anyone having their case thrown out for having the amount wrong so I don't think you need worry unduly. The schedule of claims is done so that the items can be checked, so the point Cillit is making is that Smile will let you know if they disagree with any of them. It would not invalidate your claim against the unlawful charges which had not been refunded.

Perfect, thanks so much for putting my mind at ease - I'll get the prelim letter off today.

[bombardier]

Putting the preliminary letter in the post to smile tomorrow (5th October).

 

£1,558.70 being claimed.

 

I'm also trying to get hold of details for a VISA I had with them but paid off 3 years ago. As soon as I have the info though I'll be sending off a SAR for that too.

 

I'll come back and update as necessary!

 

Thanks to all that have helped me so far.

[andyhargreaves]

Hi

 

When I've had refunds it tends to say "Adjust...." or "Refund...."

 

HTH

 

Andy

[bombardier]

Had all the standard responses from smile so I'm filing my moneyclaim today.

[bombardier]

SUCCESS!

 

The day after smile acknowledged my moneyclaim I received a letter telling me that as a 'gesture of goodwill' they had refunded the total I claimed minus two charges for overdraft arrangements and one charge of £10 that they couldn't find. Fair enough with the overdraft arrangement charges, I guess they organised a service (they were £12.80 and £16.40 so I'm not that bothered). I rechecked my statements and found that the £10 was definitely on there so called them and they refunded that too.

 

I also told them I wouldn't withdraw the moneyclaim unless they paid the £120 fee I had to pay. After a secure message their legal team wrote to me to tell me that they'd refunded that too.

 

I was happy with all of this, and have now transferred the money out of my smile account and am now £1529.50 better off.

 

Thanks to all who helped me out on this one, and thanks in general to the mods and contributors to this site and the forums.

[caro]

Great result Bombadier. Can you complete the survey please.

[bombardier]

Great result Bombadier. Can you complete the survey please.

Have filled in the survey.

 

Many thanks.