Smile messing me about.....

[Jase1982]

Hi,

 

I have a loan with Smile. I just checked the history and they appear to have added £150 in interest in January this year. Does anyone know why that would be? I'm confused as I thought the interest would be fixed, and not added on every so often.

[caro]

Interest is not generally claimable, unless it is interest on the charges. Is the loan interest added annually? Just ask them what it's for if it isn't clear.

[Jase1982]

Hi,

 

I'd appreciate some urgent assistance on this matter.

 

About 4 months ago I successfully claimed back £1500 from Smile.

 

They then, 2 months ago said that they were closing my 2 accounts and would be asking for the overdraft back.

 

I sent them a secure message pointing out that I only have 1 current account and 1 savings account.

 

They replied to this message stating that they would only close my current account, that in actual effect they would allow the savings account to remain open.

 

Now - When Smile kept charging me, I asked my employers to pay my salary into my savings account, so that Smile could not keep raping my income. This would only be temporarily, until I sorted out an alternative bank. I now have another basic account set up with Natwest

 

This is where I need the help - I had £300 in my savings account and had been using this to withdraw money to pay for things. i.e. food, rent - The usual.

 

I checked on line this morning and Smile have upped my overdraft to £560, this has risen from the £0.00 overdraft limit they imposed after they informed me they were closing my account.

 

Again, it gets a tad tricky here. They removed my Overdraft in January, this in effect has put me well overdrawn, and during that period I have been charged something like £300.

 

It appears that Smile have used the money in my Savings account to pay their charges, however I am still over my limit any way, and will still incur charges. (I do intend on claiming these charges back)

 

I phoned them this morning and spoke to a girl who didn't have a clue what was going on. She kept me on hold for half an hour, and after I pointed out that Smile never told me they were closing my savings account, she agreed this was wrong of them and said that once she gets to the bottom of the matter she would phone me back. I intend to wait until 3pm and then phone back.

 

Surely there is some kind of human rights issue here? They have left me with no money until the end of the month.

 

I realise that both accounts are with the same organisation, but can they transfer money between accounts without my prior consent?

 

I'd appreciate some thoughts and comments on this matter. Any ideas of what to do would be greatly appreciated.

 

By then end of today I intend to write to them threatening them with court action unless they give me my money back.

 

I want to use the human rights issue though.

 

Cheers,

Jase.

[Jase1982]

Hi,

 

I'd appreciate some urgent assistance on this matter.

 

About 4 months ago I successfully claimed back £1500 from Smile.

 

They then, 2 months ago said that they were closing my 2 accounts and would be asking for the overdraft back.

 

I sent them a secure message pointing out that I only have 1 current account and 1 savings account.

 

They replied to this message stating that they would only close my current account, that in actual effect they would allow the savings account to remain open.

 

Now - When Smile kept charging me, I asked my employers to pay my salary into my savings account, so that Smile could not keep raping my income. This would only be temporarily, until I sorted out an alternative bank. I now have another basic account set up with Natwest

 

This is where I need the help - I had £300 in my savings account and had been using this to withdraw money to pay for things. i.e. food, rent - The usual.

 

I checked on line this morning and Smile have upped my overdraft to £560, this has risen from the £0.00 overdraft limit they imposed after they informed me they were closing my account.

 

Again, it gets a tad tricky here. They removed my Overdraft in January, this in effect has put me well overdrawn, and during that period I have been charged something like £300.

 

It appears that Smile have used the money in my Savings account to pay their charges, however I am still over my limit any way, and will still incur charges. (I do intend on claiming these charges back)

 

I phoned them this morning and spoke to a girl who didn't have a clue what was going on. She kept me on hold for half an hour, and after I pointed out that Smile never told me they were closing my savings account, she agreed this was wrong of them and said that once she gets to the bottom of the matter she would phone me back. I intend to wait until 3pm and then phone back.

 

Surely there is some kind of human rights issue here? They have left me with no money until the end of the month.

 

I realise that both accounts are with the same organisation, but can they transfer money between accounts without my prior consent?

 

I'd appreciate some thoughts and comments on this matter. Any ideas of what to do would be greatly appreciated.

 

By then end of today I intend to write to them threatening them with court action unless they give me my money back.

 

I want to use the human rights issue though.

 

Cheers,

Jase.

[Movingon]

Don't bother with "the human rights issue". Human Rights Law is immensely complex. Stick to the standard claims process, open a parachute account with another bank (with an overdraft facility of enough to cover you for a while), transfer enough in to clear your smile accounts, and begin the claims process against them.

 

They *CAN* use money in one account (with them) to offset debt in another (with them). This is why my Wife and I keep our savings totally separate from our current accounts. By all means claim back your charges; but don't try to use legislation you need a degree in mental origami to understand.

[bathgatebuyer]

Halifax did a similar thing to me when I was out of work - they used cash from a savings account (which had a cheque my mum had given me for food as I had sweet FA to live off in it) and they used that to pay my visa that month, even though I had a PPI claim in So, no food for 3 or 4 days, while I waited for my benefits to be paid in.

[Micky the Hippo]

NW used to do this to me, move money to and fro, usually with disastrous results

 

Might be worth reading their T&Cs, or waiting for someone that knows the score

 

It sounds bang out of order to me, especially if they've given no reason, SMILE tend to have good helpdesk in my experience, get onto them and stick onto them for explanations, complain long and hard about what they've done to you, kids, shoes, bellies heating etc etc, mention MPs, CAB, local papers, this ain't going to sit well with their happy smiley image

 

and remind that their charges are illegal and you are already starting to claim them back, again

 

might be worth reading the sections on this forum about harassment from the banks

 

best of luck

[Jase1982]

yeah, cheers for that.

 

I did specify to them that I needed money for food and all the rest. It fell on death ears. Although they may be right in saying they can do what they want with my money!! I am not going to stop until Smile are exposed for the discgusting organisation they are.

 

I have records of them braking their precious banking code numerous times, and I don't believe taking food from my mouth should be legal. Especially seeing as though it is to pay off their illegal charges, which they still maintain are perfictly legal!

[Micky the Hippo]

I suppose they're heard it all before

 

and Smile are obviously only coop pretending to be someone else

[Jase1982]

I'm complaining to the FSA about their 'unfair Terms & Conditions' lets see how they get out of that one.

 

After all it does say in their T&C's what their charges ar eand that they would always act fairly and legally - or something like that.

 

I ****ed myself when I read their T&C's!

 

14 days notice before taking charges??? Yeah, ok!

[MattyH]

I know this will be no consolation, but Smile did the same to me a while back. Cleared a cheque into my account, then a week later took it back, saying "the other party had cancelled" [despite them telling me it had cleared.

 

Luckily I'd paid it into an account I don't really use, so it was just this cheque in there, and I left it, so it was overdrawn. They basically TOOK my money from one account and put it in the overdrawn account. They wouldn't give me an explanation, just said that they were allowed to do it.

 

Matt

[Jase1982]

Hi,

 

Does anyone have any contact names for actual individuals at Smile's head office? i.e. someone high up, who might be interested in what I've got to say.

 

I basically resent being asked for my overdraft back, as it was given to me free of charge and came as part of the account.

 

They've said that I have repeatedly broken T & C's, which is why they are closing my account. The fact they have charged me 4 times my overdraft limit in 2 years seems to have passed them by!

 

My overdraft is also made up of mostly unlawful charges, which I intend to claim back.

 

I'd be interested if there is anyone else I can reach out to, other than a moronic robot?

 

Cheers

[Jase1982]

I am due to claim back unlawful bank charges from Smile.

 

What is the legal position of the 8% interest?

 

Do I also have a legal right for that money?

[chocolatte]

Yes! Claim it!

[poppynurse]

the 8% is the interest you can add once you issue your summons, I claimed compund contractual interest on the balance whihc was a lot more. Have a search on the forum about interest - lots has been discussed

[Jase1982]

Hi,

 

Cheers for that. That's where I get confused. On the prelim letter, it states, "I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken"

 

The overdraft interest isn't the 8% then?

 

How can you claim all the overdraft interest if all your overdraft isn't made up of purely bank charges?

[Jase1982]

Hello,

 

To summarise, I ordered something, it never arrived, turns out that it was at the post office, so I asked for a refund - several times....! on top of that, I am not in possession of the little card that the post man should leave.

 

I merely asked them to resolve my situation as Royal mail only keep items for 1 week. I would suggest that no one should ever use this joke of a company, as this was the response I got....!

 

"Dear Mr Rowe,

thank you once again for your pleasant and reasonable email. The reason you have not heard anything back is because of 2 reasons, the first being that the Royal Mail website is still showing your order as being at your local Post Office and the second being your unwillingness or inability to check to see if it still there. Had you bothered to do this we would have confirmation of where the order actually was.

I regards to taking up any issues with Trading Standards, we would welcome any such action in which you would have to explain exactly where we have failed in our responsibility to you. We are sure you will find that as a customer you do have certain responsibilities when ordering goods that you know are going to need a signature for and a responsibility to contact us within the timeframe laid out in your confirmation email.

As previously stated we sent the order out as soon as it was placed, you were informed by a confirmation email that it had been dispatched, you were aware that a signature would be required and to contact us within 5 working days if it had not been received. You were not in when Royal Mail tried to deliver, you failed to notify us for 2 weeks and then refused to go to your Post Office to check if it was still there. The only reason the matter has not been resolved is because of your own actions or rather lack of them.

However, we have sent you a cheque for the full £34.98. We have sent it by normal post as you are unable to go to your local Post Office. We would advise that you may wish to look at hiring a butler or handyperson to do the menial jobs that are obviously beyond you"

 

[demon_x_slash]

Why did you ask for a refund when you knew that the parcel was at the Post Office? Sorry, it's just that your post is a little unclear as to what the problem is...

[borisbeaver]

IIRC, the post office hold items for 21 days before returning to sender.

 

You could have simply rang the postal office to verify it was their and made arrangements for re-delivery or collection.

 

The suppliers response is absolutely spot on. I wish more suppliers were as sucinct in their correspondence.

[Guest weegirl]

If Royal Mail didn't leave the card to say that the attemted to deliver, you would need to take the issue up with them. To be fair to the supplier, they did fulfill their side of the bargin and it seems that Royal Mail was the let down in this case. You could try complaining, but it probably won't get you anywhere.

 

I am unsure of what you said to the supplier in communications, but if you were reasonable then the supplier's response is unjustified. Again though you got your money so there's nothing you can do but just not buy off them again.

[Jase1982]

Sorry guys, but I completely disagree. The response I received was extremely unprofessional and abusive. Where I work, had I sent out a response like that, I would lose my job, or receive a written warning.

 

It seems to me that customer service skills have left this country long ago, the correct response to my complaint should have been a lot less personal.

 

If I pay for something online, it's usually for ease of use. They stated themselves that Royal Mail hold items for 1 week before sending back to the user, I had no card so would be unable to identify the parcel even if I did phone Royal Mail direct.

 

AND....due to other commitments - I was away at the Isle of Wight festival, I was unable to contact them within the timescales laid down, which was not thought of by their MD before he laid into me.

 

Until I sign for the parcel or receive the parcel in my hand and accept the goods, the problem does not lie with me. It was after the 1 week deadline when I contacted them, and asked them to find out where my parcel is, so I assume it is on it's way back to them, and like I say; I have not accepted the goods so it is still very much their problem to resolve.

[jampot]

As Royal Mail have (apparently) tried to deliver, you COULD suggest that the supplier has been absolved of any responsibilities. They don't have to wait for you to "accept" them - goods are (I'm sure) assumed to be accepted UNLESS rejected.

 

It would be difficult to argue that the supplier hasn't fulfilled their side of the "deal" - quite obviously the goods were sent, and (as someone else has said) the fact that Royal Mail didn't leave a calling card isn't the fault (or the responsibility) of the supplier.

 

Your local sorting office will hold Recorded Delivery items for 7 days, and Special Delivery items for longer than this. The reference number on the card isn't the only way to see if a parcel is waiting for you. Clearly the parcel would have shown your name and address (!) and a good local sorting office keeps undelivered parcels and mail to some sort of system (if my local one is anything to go by). A call to them would have cleared this matter up, and you've still not provided a valid reason as to why you couldn't do this.

 

Their reply to you was a trifle sarcastic. As it wasn't addressed to me, I have to admit I found it quite funny (sorry) but I can see why you were offended.

 

Despite that, they do have a valid point. If I order something which doesn't arrive when I think it should, I contact the supplier and ask for the tracking details. If I get them, I query the online tracking tool. If the supplier doesn't respond quickly enough, a call to the sorting office to see if they've anything waiting is usually the next step.

 

I have to say that, if they sent an email confirming that it had been dispatched, and you chose to wait 2 weeks before raising the matter, and immediately threatened them with Trading Standards, I'm not surprised at their response. Whether you were at home or not for those 2 weeks is immaterial. Quite why you would order something, get confirmation of dispatch, then bugger off to the IOW without dealing with it is something which only you know...

[smile4you]

Was amused to find this thread on Google. It does make me laugh that people can put across one side of the story and reputable companies can suffer as a result. Was glad to see that some of the members on here saw the post for what it was.

 

In response to the post in in our defence, the poster placed an order on our site and the order was sent the next day by recorded delivery. It is made clear on our site that all orders are sent by recorded delivery and as such need a signature. A confirmation email is also sent to the purchaser telling them that delivery is normally 1-2 working days but can take up to 5. In our experience if it doesn't get there by 5 working days it is probably lost and although Royal Mail do not clas a delivery as lost until 15 days we send a replacement after 5.

 

Because of the large amount of sales we process it is impossible to track every delivery on Royal Mail so we rely on the customer to tell us if the order has not arrived. We heard nothing from the poster until 2 weeks after the order had gone. We initially received an irate email asking where the order was and that he was going to get trading standards onto the case as we had taken his money and not delivered his item. We used the tracking number and it showed as having had an attempted delivery and that the order was at his local Post Office. He passed this information onto the poster. He wrote back telling us to sort it out or issue him a refund. We asked him if he would go to the Post Office to collect it but he refused so we said that we could not refund him until the package was returned to us. We also telephoned his Post Office who said it was still there.

 

He refused to go or phone them saying that he shouldn't have to and demanded a refund as he said we were not doing anything to resolve the matter. We then did reply with email he has posted which I do admit was aimed at winding him up and was a tad sarcastic.

 

However being in the fortunate position of owning my own company I am able to take the stance of telling the customer exactly what I think of them if I feel they are in the wrong. I do feel for staff who have to adopt the position of "the customer is always right" for fear of losing their job. I always tell my staff that if the customer is wrong then they can certainly tell them so and do not have to take any abuse from them if that is the case. Of course if I feel that we are wrong in any case I will ensure that everything is done to rectify the situation to the customers satisfaction but in this case I felt that the poster would only have been happy if I had personally delivered his order to him and my reply was meant to get the point across that I felt he was too lazy to get off his backside and help in any way. By the way we never saw the order returned to us.

 

P Beatty

 

Managing Director

Professional Home Teeth Whitening Kits At Affordable Prices - Smile4You

[borisbeaver]

Love the reply from Simle4You.

 

It just goes to show that this company has a defined procedure in the way it delivers it's goods.

 

Firstly it tells you that the goods have been dispatched and gives you the tracking reference number.

 

Secondly, it advises that if the goods are not received within 5 working days. You left it for two weeks.

 

You obviously have access to the internet. You could have simply put the tracking number into Royal Mails tracking system to see where it was.

 

If you couldn't be bothered to go to the post office to collect it, you could have simply phoned them and asked them to redliver on a day you are in.

 

I must admit I had a little chuckle at the "Sarcastic"8) e-mail. Like the MD of the company, I do not suffer fools. I tend to say what I think, last in line when tact was handed out.

[ShortlyTdwarf]

However being in the fortunate position of owning my own company I am able to take the stance of telling the customer exactly what I think of them if I feel they are in the wrong. I do feel for staff who have to adopt the position of "the customer is always right" for fear of losing their job. I always tell my staff that if the customer is wrong then they can certainly tell them so and do not have to take any abuse from them if that is the case. Of course if I feel that we are wrong in any case I will ensure that everything is done to rectify the situation to the customers satisfaction but in this case I felt that the poster would only have been happy if I had personally delivered his order to him and my reply was meant to get the point across that I felt he was too lazy to get off his backside and help in any way. By the way we never saw the order returned to us.

 

 

Good for you. I have a friend with a business on ebay and he's found that the averadge customer there thinks that they are always right, despite any proof to the contrary. This fallacy that "the customer is always right" is one I don't subscribe to.

 

If a tracking number proves that an item is at the local post office then the customer concerned should get off their lazy butt and get it re-delivered.

 

Well done for the email. Admittedly, a little sarky, but it made me giggle.