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    • Thanks dx for your kind words. I plan to renew my season ticket and write a new begging letter as following, can I ask for any suggestion about it?   Dear Investigator/Prosecutor,   Thank you for your reply. I deeply regret my actions and the inconvenience they have caused.   I’m extremely remorseful for my crime. and regret it everyday. I often ask myself ‘’how can I do that thing just because I felt it is interesting. There are a lot of crimes in the world, but feeling it’s interesting is certainly not a reason to crime. I should not crime with any reason.’’ I think about these things every day, and I understand that I can’t blame anyone but myself.   I thanks to the staff who stopped me, as this is a valuable lesson in my life. I told myself that I should never ever repeat such a thing again, and never ever do anything which is possible to be in breach of any law. As a result, I carefully tap my oyster card every time before I enter the station now. I remind myself that I did a wrong thing before, and I should never let it happen again.   Although my monthly travel expenses do not warrant a season ticket, but I just renew my season ticket (please see the attachment). I understand that a crime cannot be truly compensated for, but purchasing a season ticket offers me a small measure of comfort, knowing that my actions caused a loss to the public interest.   I received an email which ask me to negotiate being class teacher in this summer (please see the attachment). I hope that I could teach the lovely students again, which may not be allowed with a criminal record. I would please ask that you would please provide me a single opportunity to settle all outstanding sums owed outside of court without the need for legal proceedings which would have a determinantal impact on my teaching career.   I sincerely apologise again for my crime. If you need anything further from me to help you please let me know.    Yours sincerely,
    • You did what??? You asked them to send you the documents that without them you had  a 100% ironclad win in Court. Why on earth would you do that? As it happens in this case, there is still enough mistakes in their PCNs and the NTH to have your case cancelled. Amd it may be that not sending those documents in the first place along with the ICO complaint and the letters from Alliance themselves which would confirm by the dates on the letters may be enough to cancel it anyway. I hope you have kept their letters as evidence? The chances are that Alliance will not actually take you to Court because of their errors but you never know.  You have made so much extra work for yourself in your WS if they decide to push their luck.though. Can you please post up their letter where they give the reason why I wasn't sent with the NTH.
    • I'm not sure that I fully agree with my site team colleague above.  My understanding is that there is nothing to stop you recording but it is strictly for your own personal use.   
    • I live in a student house, with 5 tenants, unihomes is our utilities provider, who we each have a direct debit set up with and have paid each bill every month. Two letters were sent in my name by BWLegal saying I had two outstanding payments due adding up to over £3500, I have tried to contact british gas (as that is apparently our houses provider) as well as Unihomes. Nothing has helped and BWlegal are pursuing legal action if these debts are not resolved by the 1st May. What do I do? I've called Bwlegal when i bring up that the debt isnt for me and for unihomes they hang up on me. so I am stressed and do not know what to do
    • cant do either if its not in a public place or on your land. dx  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like

Nakered v Smile **WON**


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Hello all! - :)

 

First post, so may as well make it a good one - just sent off my Data Protection Request today (didn't send it by recorded post tho - poo! but I did send payment of £10 by postal order)

I will give the postie a couple of days to deliver the letter, so the 40 day clock will start ticking on Friday 16th December.

 

I have been lurking around for some months now, just getting up to speed on everything, so am now confident to take this step against these unlawful charges!

 

Wish me luck everybody!

 

Nakered

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Hi Nakered,

 

I'll race you to see who gets their claim back first. I sent my letter on 18th December to Smile. The standard S.A.R - (Subject Access Request) letter.

 

 

Thaks

Andy

 

bet you cant beat me lol

 

I had all the statements and lodged my claim, got the standard fob off letter. I then had other fish to fry and didnt send the LBA for about 3 weeks. got a reply offering full settlement with a week :D

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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  • 1 month later...
How's your claim coming along? I sent my letter roughly around the same time as you.

 

I have just had confirmation of the 2nd Letter I sent them advising there are looking into the claim.

 

:|

Hiya! - haven't had anything back from Smile yet, sent the SARs letter to them on the 14th Dec 2006, so it has been over 40 days since then.

The only thing I don't really understand is, does the 40 days include weekends? or just normal office hours? - not really clear on this point.

 

Any info would be appreciated

thanx

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Over the 40 days seems really excessive for "Smile!" Both my daughter and her partner recieved their statements' a little over a week after sending for them. Did you send them Recorded Delivery? (which has been strongly advised on this site) If you did then verify with royal mail that they were actually signed for and delivered. The 40 days starts either when they recieve the S.A.R - (Subject Access Request) letter or when your £10 cheque has been cleared. If you sent a postal order the 40 days commences when they recieved it and that includes weekends. If they have recieved your SAR and it is over the 40 days then follow the following advice as given in the FAQ section of this site -

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

If the bank fails to supply you with your data then you should complain to the bank. Give them 7 days to comply and tell them that you will begin a complaint to the Information Commissioner and also that you will begin a County Court action under the Data Protection Act.

 

Mick

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Over the 40 days seems really excessive for "Smile!" Both my daughter and her partner recieved their statements' a little over a week after sending for them. Did you send them Recorded Delivery? (which has been strongly advised on this site) If you did then verify with royal mail that they were actually signed for and delivered. The 40 days starts either when they recieve the S.A.R - (Subject Access Request) letter or when your £10 cheque has been cleared. If you sent a postal order the 40 days commences when they recieved it and that includes weekends. If they have recieved your S.A.R - (Subject Access Request) and it is over the 40 days then follow the following advice as given in the FAQ section of this site -

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

If the bank fails to supply you with your data then you should complain to the bank. Give them 7 days to comply and tell them that you will begin a complaint to the Information Commissioner and also that you will begin a County Court action under the Data Protection Act.

 

Mick

 

The only thing I didn't do, was send the request by recorded delivery (stupid mistake - I know!)

 

I will read the above template, thanx for that!

:)

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Hello again,

 

As I heven't received a reply from Smile, I decided to get on the phone (Complaints Dept.) and ask them what was going on.

The woman suggested that I should FAX the original Data Protection Act request (FAX: 0161 480 6788 and she would make sure it went to the right department.

 

I have now received a letter from them today, basically saying that "they are unable to locate the original request, but please find enclosed a complete list of charges for the period you have requested"

 

The information seems incomplete (to say the least) it looks like a Excel printout, with the headings "DATE - COMMISSION - CREDIT INTEREST - DEBIT INTEREST - FEES - TAX ON CREDIT INTEREST"

can't make head nor tail of it! - please help anyone

 

Thanx :|

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Hi there,

They 'lost' my original letter too but I faxed another copy straight over.

You can claim Commission and Fees. Look out for any Commission refunds you might have had too (I had one for £30). You need to take that off the total as they gave you that money back.

 

Good luck!

  • Haha 1
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You can claim Commission and Fees. Look out for any Commission refunds you might have had too (I had one for £30). You need to take that off the total as they gave you that money back.

 

Looking at my statement then, my Commission=£1058.50 and the fees=£891.00 TOTAL=£1945.50

where do I look for Commission refunds?

:)

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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On my statement the column between Commission and Credit Interest was Commission Refund. I only had one so if you haven't had any perhaps there isn't a column for it.

 

So, looking at mine, that looks about right (there is no REFUND column) - sorted!

:-)

 

Is that what you claimed for? - COMMISSION + FEES = GRAND TOTAL?

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Yes that's what I claimed.

 

I'm very annoyed with Smile at the moment tho' as last Friday 3 separate people told me my refund would be in my account on Monday. When it wasn't there on Monday I rang them and was told that I'd been given the wrong information and it would be in my account by Friday at the very latest. I was livid and as the 14 days was up on Wednesday I asked them to ensure the money was credited to my account before the close of business. I got a pathetic email back saying that it takes 48 hours for the authorisation to go through and it would them appear in my account the following working day. 48 hours from Wednesday is Friday and the next working day is Monday. So this was even LONGER to wait, and a full week more than I had expected! I emailed them back saying this and got another email back saying they didn't know when the money would be credited to my account (!).

I've checked my account today and the money's not there so I've just sent them an email saying I'm filing my claim today and I've added 8% interest which comes to £513.69 and £120 court fee. I am now claiming £3202.19. I also added that I was disappointed that this matter couldn't be resolved without court action but I have tried repeatedly to no avail.

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Nackered:

 

Just as Caroline has said - the statements/excel printouts is how Smile/Co-op send their info for you. It is quite helpful really and saves having to go thru reams of statements highlighting and then collating all the figures - its sort of half done by them really.

 

Caroline:

 

You've done the right thing by filing for court. I have noted that your LBA was sent exactly the same time as my daughters (partners account) creating a 01/02/07 deadline. We were about to file yesterday but Smile credited approx. 78% of the claim late in the afternoon. I think they will come good for you too but now they're going to have to pay you interest as well! We are going to file if they don't pay the remainder of the monies!

 

Mick

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I sent my Prelim letter yesterday (recorded delivery!) - and I claimed for the commission AND the fees (I had a Smilemore account too) but I thought "what the hey! claim for it anyway!"

The fourteen days start as from today (7th) lets see what happens (would be nice to get the money in the bank before my birthday on the 23rd of Feb eh!)

:-)

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Just tried to log in to my Smile account this morning.

Put all the usual details in, but the intial page keeps bouncing back, asking me to re-enter my details.

 

Has anyone else experienced this problem before?

are they getting a little bit "shifty" with me?

 

:mad:

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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  • 2 weeks later...

Just a quick update - sent off my LBA yesterday (22nd) so hopefully within the next 14 days i'll hear something "interesting" (according to other posters on the subject, Smile normally pay up by then) - but just in case, i'll ready my N1 form - lol! ;)

 

Cheers!

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Just checked my account this second,

and it shows that Smile have just paid up!!!! :eek:

 

With adjusted fees, I received a lovely £1903.00

WHOOPEE!!!!!! :lol::lol::lol::lol:

 

Thanks for all the advice, what a great forum!!

 

Nakered (aka Neill)

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Great news Knackered :D :D :D

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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