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    • So as I stated, I posted my letter off but over 2 weeks later I've had a visit from one of their reps. I didn't indulge him in any conversation, and I just stated that any such debts are statute-barred and closed the door on him. I was hoping they'd take notice of the letter. Where do I go from here? Thanks
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    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think. She was an 'advocate'.. if I recall her intro to me correctly.. So verbal arguments can throw spanners in Court because Plinks dogs outsource their work and send a Junior advocate.
    • that was a good saving on an £8k debt dx
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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.

      Frankly I don't think that is any accident.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Commission. Unpaid Item


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Hi all,

 

Question for any smile customer -

 

Has anyone ever been charged £50 in one go for 'COMMISSION. UNPAID ITEM'?? That seems a little odd.

 

Also, does anyone have a loan with Smile? I do and they decided to take the fee out a week before I get paid - They said their system could not handle the date change to when i get paid. Would that be truthful? That also seems quite strange.

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Guest ian cognito

Yes I have hundreds of commission charges for Co-op, and yes, they are an unlawful cahrge and can be claimed.

 

As for the Smile loan think, never heard such a load of rubbish (notice the restraint), I had A&L transfer all my direct debits over when I opened the account and they set every single one up to go out before payday, If I didn't know better i would swear blind these banks do it on prupose to make money out of us........tell them to change it or change either the payment date or their statement period

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Hi,

 

Cheers for the reply. What would telling them to change it or change either the payment date or their statement period do for me? I mean, they could just say no, sorry 'our system' can not do that??

 

Is there any kind of legal talk I can use to make them change the payment date?

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Guest ian cognito

well every other bank can manage it! doubt theres anything legal but you could threaten to go to the ombudsman (not terribly effective tho) Worst case scanario they have to give you a new loan with a start/statement date to suit you, just a bit more work for them, try going to their complaints department.

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I think I'm stuck on that point for now. I intend to open another current account any way once I claim back my unlawful bank charges.

 

On another point, I sent the request for statements on Tuesday by recorded delivery. Do they normally acknowledge receipt of this request? and how long do they take to reply?

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Guest ian cognito

I sen two cheques, one for smile and one for co-op, they returned one and so acknowledged my request but heard nothing else - they've got until 15th....

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First, in answer to the original question, I've had charges of up to £140 taken out in one go - these are multiples of £35, in the case of a Coop current account.

 

Regarding money simply being taken, I've had a similar issue with a Coop Visa, where they would just take money out at a fairly unpredictable date. The biggest laugh I had recently (which really prompted me to take action) was when they took out the money (I had just put enough money in the day before), and then returned it 3 days charging me a £35 unpaid charge PLUS £11 for the Visa fee. I then got a call from a very cocky chap telling me I as in arrears on my Visa and could I just pay by debit card. Since this was news to me, and I was on holiday abroad at the time I told him since they're so good at transferring money in and out of my account just like that, he might as well transfer it back to my Visa, given that there was enough money there in the first place.

He did, only he took TWICE the amount than should have been paid in the first place bringing my current account within just 5 pounds from the overdraft limit, all this without any declaration or confirmation requested from me.

When I tried to check my balance online, I couldn't log in, because the account had been blocked. I phoned and was told that this was because my Visa was in arrears. The next day I checked again, and saw the damage (luckily, no other transaction had taken place since), and then phoned immediately again, to tell them to revert the transaction. After much tooing and frooing (and several international calls at my charge), the promised to return the payment by 5pm the same, and now here comes the absolute GEM from the Coop:

 

They advised me, now WAIT FOR THIS, that a direct debit payment would be returned, IF THERE WEREN'T ENOUGH FUNDS IN THE ACCOUNT 24 HOURS BEFORE IT WAS DUE TO GO OUT!!!! (ie. not even the day before would be good enough)

 

When I said, cheers for telling me now (it's great being informed by the bank about this, since it's not stated in their Ts&Cs), he said : "Oh, this is clearly stated on OUR Direct Debit form". To which I obvious reply was: "Well, normally, when setting up a DD, you don't fill up YOUR form but the other organisations (if at all), so nobody would ever see this."

I honestly didn't argue with the chap, he knew it was absolute nonsense himself, and just had to say what he was told.

 

But to top all of that, when I checked later that day, of course the payment hadn't been reversed already, so I phoned again to complain, and then the next day, TWO payments had been returned to my account, from my Visa account, which was not seriously in arrears.

 

As I said at the beginning, this was the final straw for me. I think the Coop are not only unethical, but incompetent, and I am now doing all my preparation to do a full reclaim on my current account with the Coop, current account with Smile, Visa Classic account (recently closed), and Visa Gold account (soon to be paid off in full, but not closed), though I will be waiting, just for fun, for the penalty charge date later this month, just to add all these wondeful new illegal fees to my claim.

 

I hope some of you find the above interesting and supportive if you have any doubts as to whether it would be right for you to reclaim your charges.

 

All the best to you all!

 

WNettie

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