Monkeh v Smile ***WON***

[phunkeymonkeh]

I forget to post these threads when i make my claims, but my previous successes are in my signature.

 

Posted off my prelim for my old Smile bank account and loan on the 17th Oct.

 

Im going for contractual interest, current figure is £2902.17

 

I also filed a MCOL on Wednesday the 18th against Smile Credit card for £308.01.

 

These claims in particular are very important.

Im trying to get 3 defaults removed (one for each account, credit card/loan/bank) and also 3 CCJ's set aside.

 

Presently im trying to get them to grant permission to the set asides, im including it as part of my claims. This is the ideal route in my opinion, failing that i will have to apply to the courts.

 

All of the judgements are satisfied, but im trying to get them set aside on the grounds that i no longer agree with the full amount.

 

Oh and i will also mention that they took the whole 40 days to produce the SAR docs.

[un1boy]

How do you calculate the contractural interest - it completely baffles me!

 

However, all my claims are done now, so guess I'm bu@@erd?

[phunkeymonkeh]

it was easy, i used a spreadsheet created by a member here.

Im sorry, i cant remember their name . It was in the General forum under the contractual interest rate topics.

[un1boy]

crap

[phunkeymonkeh]

I can send you the spreadsheet if needed.

[un1boy]

That would be great! I'll PM you my address!

[phunkeymonkeh]

Well my claim was issued on the 18th Oct, still no acknowledgement :/

[cj10]

Well my claim was issued on the 18th Oct, still no acknowledgement :/

 

My MCOL was issued on the 18th too, and also no acknowledgement. However on Monday (23rd October) Smile refunded just short of the LBA amount into my account. Emailed them to say too late - you now owe me the court fees plus interest.

 

Wonder what will happen next?

[un1boy]

Haha, that's actually quite funny - make sure you do get the costs back!!

 

At the end of the day, if they breached your timescale, then thyy'll have to pay them!!

[phunkeymonkeh]

Still no acknowledgement.

 

Strange really. Maybe this one slipped under the radar.

[cj10]

Still no acknowledgement.

 

Strange really. Maybe this one slipped under the radar.

 

I still haven't received an acknowledgement either, although Smile paid me the LBA sum the day the MCOL would have deemed to have been received by them (23 October)! Strange co-incidence?

 

I emailed smile to inform them they were now legally obliged to pay me the section 69 interest plus court fees as they had not settled within my timescales. Got a 'will forward the papers to our legal team' type response on 24 October. Nothing since.

 

Only a week to go until you can request a judgement. I will have to check my position as Smile have obviously masde a part payment to me.

[cj10]

I still haven't received an acknowledgement either, although Smile paid me the LBA sum the day the MCOL would have deemed to have been received by them (23 October)! Strange co-incidence?

 

I emailed smile to inform them they were now legally obliged to pay me the section 69 interest plus court fees as they had not settled within my timescales. Got a 'will forward the papers to our legal team' type response on 24 October. Nothing since.

 

Only a week to go until you can request a judgement. I will have to check my position as Smile have obviously masde a part payment to me.

 

Smile have acknowledged today.

[phunkeymonkeh]

I thought id just check mine, and mine has also been acknowledged today

 

Shouldnt be long hopefullly.

[un1boy]

Smile have acknowledged today.

 

Well, you'll probably get a letter advising you of a full refund in the next few days then!! Well done....

[notsmilingyet]

I was in a similar position on the timing and Smile paid all charges plus costs eventually. A defence was filed and they notified the court of full payment shortly after

[cj10]

I was in a similar position on the timing and Smile paid all charges plus costs eventually. A defence was filed and they notified the court of full payment shortly after

 

Smile paid the o/s balance on my claim today.

[un1boy]

Fantatic- well done!

[phunkeymonkeh]

Maybe ill have something in the post when i get home

 

Fingers crossed.

 

I have also posted two additional LBA's to smile today for the loan and bank account.

[cj10]

Maybe ill have something in the post when i get home

 

Fingers crossed.

 

I have also posted two additional LBA's to smile today for the loan and bank account.

 

Hope you do have something in the post waiting for you.

 

I've got MCOL set up, ready to go next Monday, for my smile visa if the bank can't be asked to respond to my lba-within MY timescales.

[phunkeymonkeh]

Well i had the following in my post today.

 

"I write further to recent correspondence in relation to the charges that have been applied to your above number account.

 

I understand that Smile have been in the process of investigating your claim, but you have now taken the step to register the same through the Northampton County court for an amount of £308.01.

 

Although in our opinion we believe our charges are fair and transparent I enclose the Banks cheque in the sum of £308.01 in settlement of your claim"

 

 

It goes on to say that they will not be removing the default and not granting consent for a CCJ set aside.

 

Im about to fire a letter of to them accepting this as part settlement, and re-iterating my request for the default removed and CCJ set aside.

 

Fingers crossed.

To be honest, im more interested in the CCJ set aside than the money.

[un1boy]

Did you out the default and ccj removals in your POC?

 

If you did, then accept the cash as part settlement, but advise them that the claim will stay in the court until the Default and CCJ are removed, as the balance included unlawful charges.

[phunkeymonkeh]

yes i did.

 

This is what im sending them, any suggestions or improvements ?

 

Thank you for enclosing the cheque for £308.01 in relation to the unlawful charges imposed on my account, and my subsequent claim through the Northampton County Court.

 

I am informing you that I will not yet be advising the courts that my claim has been settled, as the payment itself is only partial settlement.

For my claim to be settled in full I require the following;

 

• Removal of any and all related defaults from all Credit reference agencies used by Smile, The Co-Operative Bank.

This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosities caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

• I require a letter from you granting your consent to have the Judgement registered against me set aside.

There are few circumstances in which a Judgement can be set aside, however I now only agree with part of the Judgement total as the majority was made up of unlawful charges. I was also unable to defend the Judgement due to work commitments.

 

Should you still decline to act on this, I will continue to pursue my claim and may also include a claim for compensation due to the negative effect this Judgement has had on my livelihood.

 

I am confident that a Judge will agree with my comments.

[caro]

Good for you. Settlement cannot be conditional and they are in no position to dictate terms. I take it the default was for less than the amount of the charges,

[un1boy]

Caro said it all!

[phunkeymonkeh]

Hi ,

 

To be honest, the default was for more than the charges. However, the charges made up over 70% of the default and i would have been well under my credit limit had they not occurred.