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    • Yes. They won't inform your employer but you may need to. You need to check what it says iin your employment contract. I don't think it usually causes huge problems for most people. HB
    • Good afternoon. I've read a few threads briefly regarding a dmp with stepchange and was 95% complete with setting one up when I noticed the advice of letting things default instead and/or managing a dmp yourself. My current situation is the following £470 owed to Jacamo. Has not defaulted. Currently on a £10 payment plan with them for 12 months. Not sure what to do here £2700 owed to Vanquis - Credit Card. Has not defaulted and I have not missed payments. I am unemployed and even making a £200 payment from my benefit means £80 odd gets eaten thanks to interest. Guessing I let this default and then set up a payment plan after? £2500 owed to Lowell who bought from Very and passed on to Overdales after I ignored them. Last payment to Lowell was 30th November 2022. Plan here was to fight them in small claims court if it ever gets that far, assuming the worst. Any advice is very much appreciated, thank you.
    • will they inform my employer and sack me?  
    • Ok, so they will look back a max of 1 year's record and ask me to tick which ones were used by me?  
    • Not prison, no. That has never happened here. I think they can look back a year on their system and you'll have something like TiredDodo did when they were summoned to court. With a year's use, I'll be amazed if you don't have a court appearance. HB  
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    • 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
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caro v smile ***WON***


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Trust me smile will refund your charges........

Co-Operative bank default removal - succesfull december 2007.

 

Capital One Bank default removal - succesfull february 2008.

 

Co-Operative bank Visa default removal- Claim filed March 2008

 

Smile default removal - ongoing

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I am sure they will refund in time. I have decided to give them another week and then phone again. If there is no progress then, I will start putting pressure on and issuing deadlines.

 

On or around the 22nd of June I have 2 Moneyclaims which I am almost certain to need to do with other banks, and I couldn't afford to do the smile one as well. As you say, they will refund anyway.

 

Thanks for your input guys.:)

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Well I phoned Wednesday and Alex Hope of the Complaints Team was in a meeting so a message was left for him that I wanted to know what was going on. Then I had 2 emails from Jayne Jones saying my complaint was still being investigated and they would get back to me.

 

Phoned again 4 pm Thursday and asked for the complaints team. Apparently they work from 8 am to 4 pm and they had just gone home. I asked for a direct number to them, but apparently the complaints team don't speak to people unless they have specifically asked to speak to the customer themselves. Apparently we mere customers do not have the same priveleges. I get the feeling they are a bit busy at the moment.;-)

 

On a lighter note, I got my funniest charge today and can't stop tittering about it. I made a £5 donation to BAG, but had insufficient funds so they didn't pay it and charged me £25! I might have been upset if I didn't know that I will get it back, but I will have to stump up a decent donation then to make amends. Forgot my bank charges were due off today but I don't get paid until tomorrow. That means more charges next month. Ho hum:rolleyes:

 

Enough of this messing about being nice and emailing and phoning. I will now do what I should have done in the first place to reclaim my charges the BAG way, using the template letters from the library.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Well folks, I'm not quite smiling but I have got a very big grin on my face! I have come to the conclusion that phoning smile is pretty useless, but I actually managed to find someone helpful yesterday who phoned back when he said he would. I had phoned to complain that smile had gone over the 28 days they allow for their complaints procedure and heard nothing. For those who haven't read my thread I thought I would try being nice to smile as they are reasonable with me, and didn't follow the usual process. Please do not do this. The call back said my complaint would be dealt with within 5 working days. This has happened

 

I have just logged into my account and there is an adj commission of £1,000.50, the amount I claimed. YIPPEE!!:D

 

Also an email saying the amount I said was correct and a goodwill payment had gone to my account. I still need to chase up the interest, £75 for my smile visa card and a few charges since my original claim, but this is my first money back so I am dead chuffed.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks Dave, I plan to take control now. Just getting my facts together to do a proper prelim to claim the rest of it using the tried and tested methods.

 

I can't decide whether to use the money for something sensible, like putting it towards a car that I really need, or treating myself and the family. My daughters 18th birthday is next month and my son starts uni in September, so we can certainly use it. I'm not used to deciding how to spend real money.:D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well done Caro, I'm really pleased for you. Excellent news :)

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Yes thats great news Caro - well done. Enjoy the money (doesn't sound like its going to last long !) :-) :-)

 

Too true! I have decided not to do anything hasty at the moment and just take my time deciding what to do. I really need my money from Yorkshire Bank to make a big difference.

 

Thanks for the good wishes all.:D

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 3 weeks later...

Well smile have paid another £20 to my current account and are refunding £75 to my visa, but added this

 

Please monitor your account carefully to make sure you don't exceed your overdraft limit in the future. All our charges and tarriffs are available to view on the website. If you exceed your overdraft or incurr late payment fees etc again, we may issue you with notice to close.

 

Now I've had most of my money back their request will be a lot easier to comply with.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Good stuff! Squeeze them for every penny as rest assured thats what they'd do to you!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 1 month later...

Had all the information in response to an emailed SAR. Because I had to chase them for this after 50 days they did not charge me.

 

Note to self - use snail mail. It's quicker.

 

Going away next week and pretty busy at the moment so it will be a while before my prelim gets sorted. I had a bounced DD last week and a £25 charge so it will be interesting to see if they decide to close my account. I wonder if they will pay up as easily second time around, or if they are getting tougher now.

 

As an ethical bank I would hope that they would not sink to the depths of taking retaliatory action. Parachute has been open with Nat West for ages now

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 months later...

Hi Caro,

 

I have just completed my MCOL to Smile and about to make payment. I feel very nervous about it, what if they want me to go to court? The idea of it scares me.

 

I wanted to ask if you can still make a claim against a bank even if you closed the account years ago? I was with Yorkshire bank until 2004 could I still go back to them following the same procedure as I have with Smile bank?

 

Thanks

Yvette

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I think it's unlikely in the extreme that Smile will be a problem, and yes you can take on closed accounts. I made the mistake of having a YB account until 2003 and have a case pending against them.

 

I imagine you will have your Smile money before Christmas. I closed my account with YB in 2003 and filed MCOL against them on 21at June this year which is nowhere near settled. You can and should claim against them, but they are a much harder nut to crack. It gets easier the more you do this though as you keep learning and that gives you confidence.

 

Take a peek in the Yorkshire and Clydesdale Bank forum to see what to expect. You will find the guys on there very supportive as we all go through their rubbish together.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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