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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Hi All, I've just had the inevitable N24 and other paperwork arrive. I've read other examples on here and I think I understand the steps to follow. I have until the 28th May to return the N180 Small Claims Direction Questionnaire, I also have an N244 Application notice copy. I read an update on a case you kindly put a link in for me to read. Turns out they lost in court and are now struggling. I really don't want to get to that stage and am thinking mediation may be the way forward? Thoughts please? Pretty sure I've missed the 7 days to have the order set aside.  For reference, this is what I received: Dated 8th May Before Deputy District Judge Baker sitting at the Civil National Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH   The Court will deal with the application to lift the stay without hearing under CPR 23.8(c)   It is ordered that:   The Application to lift the stay and for direction questionnaires to be issued is granted.   Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. If the application is one which requires a hearing, and   a) the party making the application is the Defendant; and b) the Defendant is an individual,   then upon the filing of the application the claim will be transferred to the Defendant's home court. In all other cases requiring a hearing the claim will be transferred to the preferred court.  

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

List of Charges

Arri

By Arri
in Smile

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Arri

Arri

Posted
Posted

Hello

 

I recently requested (by secure message) that Smile send me a list of default charges. I used a letter template from a different site (I only found this site today).

 

They have sent me a six year breakdown of charges in six columns:

Date – Commission – Credit Interest – Debit Interest – Fees – Tax on Credit Interest

 

As far as I’m aware, they haven’t charged me for this. I’m having trouble working out which fees are for being over my overdraft. Some are Visa charges for using my card abroad for example. Does this sound like the same sort of printout that other people have been sent? If so, how do you work out what is what in the list?

 

I once complained about a charge and Smile said they would only charge me 50% of it if I agreed. Can I claim that 50 % back or have I agreed that it was fair?

 

Thanks in advance for any answers.

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Arri

Arri

Posted
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Posted

Sorry to bump my own thread, but I'm really stuck with whether or not I have the right list of charges.

 

Has anyone had a list that specifies what each individual charge is?

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carolinec2828

carolinec2828

Posted
Posted

Hi there,

I got the same statement from Smile and I added together Commission & Fees which came to over £2600! You can't claim interest unless it goes to court apparently. I don't know about using your card abroad but you could always contact them as ask which transactions relate to that. You should be able to tell by the date of the charge if you were away then.

 

My 14 day letter was signed for on 28th Jan, but they sent me a secure message yesterday saying they had received a list of charges but no accompanying letter and what did I want them to do with it. I think this was a delaying tactic so I've faxed a copy of the letter over today and said as far as I'm concerned it was signed for on 18th Jan so they have until 1st Feb to pay up!

 

Hope this helps.

 

Caroline.

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Arri

Arri

Posted
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Posted

Hi Caroline,

 

Thanks for your reply. Mine comes to about £1500. I guess I can work out when I was away. I just wanted to make sure I had an exact figure rather than write to them saying they owed me about £1500.

 

Thanks for the tip about the covering letter.

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NickHowe

NickHowe

Posted
Posted

I've just had a similar list from Smile. I got a very polite letter, and my £10 cheque returned, as it was a service they offer FOC. I'm about to compile them a bill and send it back. Total is about £3,000...

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org1uk

org1uk

Posted
Posted
Hello

 

I recently requested (by secure message) that Smile send me a list of default charges. I used a letter template from a different site (I only found this site today).

 

They have sent me a six year breakdown of charges in six columns:

Date – Commission – Credit Interest – Debit Interest – Fees – Tax on Credit Interest

 

As far as I’m aware, they haven’t charged me for this. I’m having trouble working out which fees are for being over my overdraft. Some are Visa charges for using my card abroad for example. Does this sound like the same sort of printout that other people have been sent? If so, how do you work out what is what in the list?

 

I once complained about a charge and Smile said they would only charge me 50% of it if I agreed. Can I claim that 50 % back or have I agreed that it was fair?

 

Thanks in advance for any answers.

 

Hi Arri,

Range of different charges applied to my CC account as follows:

  • Late Payment Fee
  • Overlimit Charge
  • Arrears Charge

Range of different charges applied to my Current account as follows:

  • Daily Excess Charge
  • Service Charge
  • Commission

Don't quote me on it, but I suspect that you would not be able to claim back your 50% if already agreed. Perhaps a PM could confirm or otherwise?

 

Hope the above helps, and good luck with your claim :)

Wishing everyone success with their claim[s], myself included. As is the norm on the forum, do take note that my opinions are my own and based on my experiences ... for legal advice, you should always consult a registered and insured lawyer. [B][COLOR=Sienna]SMILE[/COLOR][/B] [B][COLOR=darkorange][/COLOR][/B][COLOR=darkorange][COLOR=darkorange][COLOR=darkorange][COLOR=darkorange][COLOR=#000000][COLOR=DarkOrange][B]Credit Card: [COLOR=Black]*** Settled in Full *** [COLOR=DarkOrange]Current Account 1: [COLOR=Black]*** Settled in Full ***[/COLOR] S.A.R. LBA: [/COLOR][/COLOR][/B][COLOR=Black][COLOR=DarkOrange][COLOR=Black]sent 26/01/2007[/COLOR][/COLOR][/COLOR][B][COLOR=Black][COLOR=DarkOrange] [/COLOR][/COLOR][/B][/COLOR] [B][COLOR=Sienna]CAHOOT [COLOR=DarkOrange]Prelim: [/COLOR][/COLOR][/B][COLOR=Sienna][COLOR=DarkOrange][COLOR=Black]sent 26/01/2007 for £848.01[/COLOR][/COLOR][/COLOR][B][COLOR=Sienna] [/COLOR][/B][/COLOR] [/COLOR][/COLOR][/COLOR][/COLOR]

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foxi

foxi

Posted
Posted
Hi Arri,

Range of different charges applied to my CC account as follows:

  • Late Payment Fee
  • Overlimit Charge
  • Arrears Charge

Range of different charges applied to my Current account as follows:

  • Daily Excess Charge
  • Service Charge
  • Commission

Don't quote me on it, but I suspect that you would not be able to claim back your 50% if already agreed. Perhaps a PM could confirm or otherwise?

 

Hope the above helps, and good luck with your claim :)

 

Hi org1uk,

 

Smiles' charges on my current account were totally confusing. Although, I rang them up I'm not sure if at the time I totalled up the charges correctly. They did paid me as a GOGW £829 out of £1150 I claimed but the £1150 included statutory interest which they wrote back saying that they wont refund any further charges unless theres a bank error.

 

Does anyone know what exactly we can claim back?

 

foxi

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org1uk

org1uk

Posted
Posted

Hi Foxy,

 

Have you checked FAQ's ... if not, do have a look see :)

Wishing everyone success with their claim[s], myself included. As is the norm on the forum, do take note that my opinions are my own and based on my experiences ... for legal advice, you should always consult a registered and insured lawyer. [B][COLOR=Sienna]SMILE[/COLOR][/B] [B][COLOR=darkorange][/COLOR][/B][COLOR=darkorange][COLOR=darkorange][COLOR=darkorange][COLOR=darkorange][COLOR=#000000][COLOR=DarkOrange][B]Credit Card: [COLOR=Black]*** Settled in Full *** [COLOR=DarkOrange]Current Account 1: [COLOR=Black]*** Settled in Full ***[/COLOR] S.A.R. LBA: [/COLOR][/COLOR][/B][COLOR=Black][COLOR=DarkOrange][COLOR=Black]sent 26/01/2007[/COLOR][/COLOR][/COLOR][B][COLOR=Black][COLOR=DarkOrange] [/COLOR][/COLOR][/B][/COLOR] [B][COLOR=Sienna]CAHOOT [COLOR=DarkOrange]Prelim: [/COLOR][/COLOR][/B][COLOR=Sienna][COLOR=DarkOrange][COLOR=Black]sent 26/01/2007 for £848.01[/COLOR][/COLOR][/COLOR][B][COLOR=Sienna] [/COLOR][/B][/COLOR] [/COLOR][/COLOR][/COLOR][/COLOR]

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org1uk

org1uk

Posted
Posted

Nice result foxi :)

Wishing everyone success with their claim[s], myself included. As is the norm on the forum, do take note that my opinions are my own and based on my experiences ... for legal advice, you should always consult a registered and insured lawyer. [B][COLOR=Sienna]SMILE[/COLOR][/B] [B][COLOR=darkorange][/COLOR][/B][COLOR=darkorange][COLOR=darkorange][COLOR=darkorange][COLOR=darkorange][COLOR=#000000][COLOR=DarkOrange][B]Credit Card: [COLOR=Black]*** Settled in Full *** [COLOR=DarkOrange]Current Account 1: [COLOR=Black]*** Settled in Full ***[/COLOR] S.A.R. LBA: [/COLOR][/COLOR][/B][COLOR=Black][COLOR=DarkOrange][COLOR=Black]sent 26/01/2007[/COLOR][/COLOR][/COLOR][B][COLOR=Black][COLOR=DarkOrange] [/COLOR][/COLOR][/B][/COLOR] [B][COLOR=Sienna]CAHOOT [COLOR=DarkOrange]Prelim: [/COLOR][/COLOR][/B][COLOR=Sienna][COLOR=DarkOrange][COLOR=Black]sent 26/01/2007 for £848.01[/COLOR][/COLOR][/COLOR][B][COLOR=Sienna] [/COLOR][/B][/COLOR] [/COLOR][/COLOR][/COLOR][/COLOR]

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  • 2 weeks later...
Arri

Arri

Posted
  • Author
Posted

Well I sent my letter on the 29th of January. I was about to send the LBA, but the whole £1165 I claimed has appeared in my account today. Wow.

 

I've had to login three times to make sure I'm not imagining it.

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