Rob v Smile

[Robbop]

I thought I'd post my experiences with Smile here -

The story so far

Sent an SAR to smile in June

Waited, waited, waited - no reply within the 40 days, so I got in touch with the Information Commissioner's office, reporting them under the Data Protection Act.

ICO replied to me stating that smile claimed never to have recieved my letter.

*MORAL*

Always send stuff recorded delivery!

Resent the SAR last week, and today received a standard acknowledgment letter.

This (claiming not to have received SAR) may be a tactic, or it may be due to my incompetence, but in my experience the mail is not that unreliable...

Anyone else have this happen?

[caro]

Did your payment ever get cashed, assuming it was a cheque. If postal orders I believe they can be traced too, but are a bit of a nightmare I'm told. You are lucky to have heard anything from the ICO, but mail does get lost sometimes.

[Robbop]

Hi Caro,

No the cheque was never cashed - but they wouldn't would they, if they wished to pretend they'd not received it?

Mind you if it got lost in the post it wouldn't get cashed either

[Robbop]

Recently got this secure message from them - strangely enough at the same time as the information commissioner's office would have been in touch with them...

 

 

Hello Mr Pembro

 

We're just letting you know that your £2460.00 overdraft is due to end. Unfortunately, due to a recent review of your account we can't offer an arrangement for this amount. However, we have set up an overdraft of £500.00 to be automatically renewed on 24/10/2006 and run until 24/10/2007.

 

For details of the terms and conditions and any charges that apply to your overdraft, please go to help index: tariffs, t&cs. Please note that we reserve the right to vary our charges at any time, but we will always let you know before they change.

 

If you do not want your overdraft to be renewed please contact us within the next 14 days.

 

We offer an optional overdraft protection plan provided by Norwich Union. It offers you cover for the following: accident, illness, involuntary unemployment or death. The cost is 50p per person per £100 of the overdraft limit (regardless of whether the overdraft is used). To take this cover you must be UK resident, working at least 16 hours per week, aged over 18 and under 65. For more information on the overdraft protection policy, please go to http://www.smile.co.uk/images/pdf/overdraft_protection_policy.pdf. If you would like to take our overdraft protection plan, please reply to this message.

 

Thanks

 

smile

 

Cheek!

First of all I wouldn't need the overdraft facility if it wasn't for their illegal charges, and then, to add insult to injury they try and sell me their worthless insurance policy!

[caro]

Just to point out Rob that the charges are unlawful and not illegal as they do not come under criminal law. Secondly I suggest that you cancel your cheque, send another S.A.R - (Subject Access Request) and a letter (or secure message backed up by letter) saying that you want to place the account in dispute so they cannot take any further action until the dispute is resolved. It may be too late to stop them pulling the overdraft, but assuming that you can't afford to pay it all back at once you need to try and agree a way to repay it over a period of time at a rate that you can afford.

[Robbop]

I stand corrected - I didn't realise there was a difference between "illegal" and "unlawful"!

As I stated in my original post, I have already resent the S.A.R.(and had it acknowledged) - but not before they informed me of their actions re: the overdraught. I strongly suspect that, being forewarned of my intentions by the information commissioner's query, they shut down my overdraught to prevent charges escalating. That doesn't get the bills paid though does it? ( well not yet anyway) I am unfortunately in the position of living on my overdraught - largely due to their *unlawful* charges

Thanks for the advice though - I sent them a secure message and a "snailmail" asking to put the account in dispute, and to contact me to arrange a "mutually acceptable" way of reducing the O/D which does not leave me on the street...

[Robbop]

Partial Success! Following Caro's advice I wrote to the bank via both snailmail and secure message. They rang me and I offered to have a reducing overdraught facility - by £20 a month - to which they agreed! As the 40 day deadline for their replying to my S.A.R. is at the end of this month, (Nov) I'm not too worried about that condition

I've since had 2 (standard - type) letters assuring me that "my complaint is being looked into"

[tamadus]

Partial Success! Following Caro's advice I wrote to the bank via both snailmail and secure message. They rang me and I offered to have a reducing overdraught facility - by £20 a month - to which they agreed! As the 40 day deadline for their replying to my S.A.R. is at the end of this month, (Nov) I'm not too worried about that condition

I've since had 2 (standard - type) letters assuring me that "my complaint is being looked into"

 

This seems to be something Smile are more than willing to do, My overdraft with them hit 800 at one point and they suggested the same thing to me, sliding it down by 25 a month until it was back to its original 500 thus avoiding charges. As luck had it I started a DMP with CCCS at the same time so everything worked well together, and I have managed to not use the overdraft facility since (a couple of successful claims has helped)

 

I've said this before and I'll say it again Smile are one of the most helpful banks I have ever dealt with.

 

Now I must run off and see if that credit has cleared into my account yet so I can make a another donation to the site

[Robbop]

Well, my complaint was "looked into" and I got a letter informing me that £1700 had been paid into my account - this was before they sent me my statements that I had requested in the S.A.R. - so naturally I waited until that had arrived. As I also have a life to live, it has taken me a couple of weeks to get around to wading through 6 years worth of statements. Having now done my sums it seems that the repayment was about £300 light - so first thing in the new year they will be getting a letter from me requesting that plus the statutory interest on the entire sum - or I will see them in court!

As the interest comes to another £350ish I think that will do nicely as compensation for all the angst they have put me through over the years!