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    • I left a trustpilot review and P2g have emailed me with the obligatory apology and have refunded the postage costs and are will to give £10 extra pre pay as a good will gesture. However,  as i wrote this the Buyer has just txt.me.to say they have received the parcel !  So obviously im now going.to suggest that she pays via Paypal ... I rang her this morning to see if it had arrived but she said she was on holiday and there was someone in her house she would have to contact to see if it had arrived which she obviously has ... So now i know its been delivered i cant go for P2g But i Can accept the exta £10 ...
    • The defendant in this case is Parcel2Go.com Limited The claimant sent a parcel using Parcel2Go Ltd as a broker and Evri as the shipper via the Defendant's service containing which contained two handmade bespoke wedding trays to a customer with  under  tracking number P2Gxxxxxxxx. The parcel was never delivered although the defendant stated that three attempts had been made to deliver the parcel.  The claimants customer waited in for four days to receive the delivery but no delivery was attempted. There was no communication with the claimants customer.  Despite many web chats and emails the parcel was not delivered and on the Parcel2Go website it stated that the customer had refused delivery. This was not true as no delivery had been attempted.  I was The Defendant informed me that the parcel was being returned to me but after waiting three weeks I was informed by the courier that the parcel was lost. I was offered compensation of £20 + shipping fee which I refused and after sending Parcel2Go a Letter of claim this was increased to £75 which I also refused. The Claimant did not purchase the Defendant's insurance policy as requiring people to pay extra for rights already guaranteed under the consumer rights act 2015 is contrary to section 57 and 72 and therefore unenforceable. The Claimant rejected the Defendant's standard compensation offer. It is clear that the defendant is responsible for the loss of the parcel as they did not act with reasonable care and skill when handling the claimants parcel, contrary to section 49 of the Consumer Rights Act 2015.   By failing to ensure the safe delivery of the Claimant's parcel the Defendant breached section 49 of the CRA 2015.   AND THE CLAIMANT CLAIMS £370.00 being the value of the lost goods £xx.xx being the price of shipping and interest pursuant to s69 cca 1984.   See what BF thinks but I think something like this is better. Remember you are suing P2G not evri.
    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
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      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.  

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    • 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.
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      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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Commission??? That's one word for it!


Little Bob
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Good morning all,

 

After 5 months of continuous requests, I finally received my statements.

 

While flicking through them on the train this morning, I realised that there are quite a few amounts, either in £50 or £25 denominations which are entitled "Commission". :confused:

 

As I have a basic account with Smile, I then called them to find out what the Commission was for, as I do not have a motrgage, travel insurance or any other service with them.

 

It turns out, Commission is code for Fee which is applied when a Direct Debit or Cheque is bounced, through lack of funds. So just make sure you don't miss these off your statements as it's just another term for FEE. :mad:

 

I'm only owed about £500 or so, so I'm hoping that Smile will not make too bigger deal of it but I'll let you know.

 

Cheers

 

Caroline

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Hello - me again.

 

After reviewing the charges, I sent a secure message to Smile and said as it was only £475 in total, would they just pay this back directly or if they didn't, I'd have to go through the official channels (I sent the LBA anyway by registered post on Friday).

 

This is the message I've just received back from them:

 

Hello Mrs xxxx

Thanks for letting me know about your problem. I'm really sorry to hear you've had trouble with charges on your account.

 

This is just to say I'll be looking into your complaint and I'll get back to you as soon as I can with a full response. Please be aware this may take upto 4 weeks in line with the Financial Services Authority regulations, although we aim to respond much faster.

 

Thanks again

 

xxxxx xxxxx

 

PS - For full details of our complaints procedures, go to smile.co.uk - the internet bank, click on 'Talk to us' and then click on 'Complaints' on the right hand side.

 

4 WEEKS? Can I go back to them and say that's b*llocks and that it should be 14 days? Is the FSA regulation 14 days or 4 weeks? I should imagine that they will probably waste my time on the back of the LBA)

 

AAARRGGHH!! They are driving me mad!!! Please, someone, should I bother replying to the Secure message and tell them that they have 14 days or should I just await the response from the LBA application?

 

Your experienced response would be greatly appreciated!

 

Thanks

 

Little Bob.

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Hi,

 

I'm no expert but I've read a lot of the smile threads in depth! I'm also awaiting a response from my LBA and have been given the 4 weeks to wait nonsense.

 

From what I've read it seems smile do seem to be issuing refunds in the 4 week timescale they are giving. If they do not respond within your 14 day limit you do have the option of court action. This of course is a hassle but on the flip side, again from what I've read, you'll probably get the interest on your claim too by taking legal action.

 

Hope this helps! "AAARRGGHH!!" is how I've been feeling about smile lately too!

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Stick to your timescales, of the 14 day letters. Then do the court action. That's what I did and I was paid out one week afterwards, refunding the court costs and interest.

 

They were no real hassle at all, I wish I could say the same for Natwest!!

Good Luck

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Hello,

 

After writing a secure message to Smile about the timeframes, I have (5 days later) received a response:

 

Hello Mrs xxxx

 

I'm sorry you've not had a reply to your complaint as of yet. I appreciate that you may have given us 14 days to resolve your complaint.

 

However, we work to timescales set by the Financial Services Authority. We are allowed up to 4 weeks to reply to your initial complaint. However, law allows us a maximum of 8 weeks to respond to your complaint. If we need anymore time after the initial 4 weeks we will let you know either by secure message or written letter.

 

I'm sorry if you feel that 4 or 8 weeks is too long to wait. However, due to the number of complaints that we have received recently we have to work them in order.

 

I'm sorry if this means you have to wait. However, if we were to put your complaint before others it would not be fair and lead to customers waiting longer than necessary.

 

Regards

 

xxxx

smile Complaints Team

 

Help! What exactly is the law? Are they right with the FSA guidelines then? Do they actually have the right to wait 4-8 weeks before response? I like the way that's the goalpost has now moved from 4 to 8!

 

Please let me know the legal status of what they are saying as I don't know.

 

Many thanks

 

Little Bob

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From all that I have read the over-riding message is this STICK YOUR timescales. You're not making a "complaint". You are requesting the return of your money!

 

When the 14 days is up, send them the LBA. If they don't respond, then you can give them another 7 days if you're feeling generous. This will show the court (should it come to this) that you have given them time and opportunity to resolve the matter before bringing it to court.

 

When the 7 days are up either file N1 at your local county court or use MCOL and file online.

 

Don't let them get away with it. Four weeks indeed! Hmmmph :evil:

 

deedee :D

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hi, I am waiting for Smile to send me details about charges but I reckon they owe me about £2000+. I sent a request for details of charges via Secure message though, would they responde to that? Does anyone know please?

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Hey Rainbow157,

 

This was my recent exchange with them with regards to receiving a list of charges (nothing more). Start from the bottom

 

Hello deedee1310

 

The Subject Access Request is something different and there is a charge for this, but the list of charges is also done by the same team so they use the same timescales.

 

The list of charges is free and although we have 40 days in which to send this to you, we aim to do it as soon as possible.

 

Please let me know if there is anything else I can do to help.

 

Regards

 

Pamela Eason

 

Message Sent to Bank

-----------------------------------------------

To : BANK

Date : 18/06/2007

Subject : Manager

 

Thank you.

 

I have already sent a letter with regards to a Subject Access Request enclosing the Statutory fee of £10.

 

A friend told me recently that if I JUST wanted a list of charges that this could be sent to me and could take up to 7 days. From your reply I see that this is not the case, so will await ALL the data held on me, as per my request dated 11/6/07.

 

Warm regards,

 

deedee1310

 

Message From Bank

-----------------------------------------------

Operator ID : JBURGA

Date : 18/06/2007

Subject : Manager

 

Hello deedee1310

 

I've passed your request on to our Subject Access Request team.

 

They now have 40 days to action your request.

 

Thanks

 

Jackie

 

Message Sent to Bank

-----------------------------------------------

To : BANK

Date : 12/06/2007

Subject : Manager

 

Could you please send me a printout of all charges debited to my account since its inception? I understand that this can take up to 7 days to receive.

 

I look forward to hearing from you shortly.

Note the presumption by Jackie that my original request was for an SAR :mad: . It wasn't but I had already sent an SAR request the day before 11/6/07.

Oh well I guess the cat is out of the bag for me. They're probably not under any illusions now as to why I want the list of charges. :lol:

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hiya Rainbow157,

 

Be careful asking for a 'list of charges'. I started like this on secure messenging and 4 weeks later, they provided me with a list of Interest charges against my account!!! (it's a looooong story). But it took 4 weeks, after 3 months of asking.

 

You need to make sure you ask for a SAR, otherwise they play dumb and don't come back with anything you need, thus prelonging the time it takes to get what you want.

 

Secure messenging is fine as I've got the info I need but make sure when you ask for the money, you do it in writing by using the LBA, and send it by registered post.

 

Let me know how you get on!

 

Little Bob

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Don't worry my S.A.R - (Subject Access Request) still stands :p I just wanted the list to get started.

 

I have most of my statements but am missing quite a few (have had the account for 5 years) hence my SAR in the first place. Plus Smile, had previously closed the same type of account that I currently hold with them, two years before. They cited my adverse credit as being the reason despite the account having been open for over 4 months, so I am curious to know what their real reason was.

 

Remember SAR is not just for statements but for ALL data held on you by a Data Controller.:D

 

deedee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hi, I am waiting for Smile to send me details about charges but I reckon they owe me about £2000+. I sent a request for details of charges via Secure message though, would they responde to that? Does anyone know please?

 

 

Hey I just received this response after sending S.A.R - (Subject Access Request) yesterday.

 

I've passed your request on to our Customer Care department. They now have forty days to provide you with this information. This is in line with the Financial Services Authority.

 

Regards

 

Pamela Eason

smile Complaints Team

 

Should I leave it at that now and hope they send the info?

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Hello

 

You can get the Daily Excess charges, plus the service charge. I think you can only get the interest if you go through the courts. Be careful to check for things called Commission. This is a penalty for bounced cheques and/or DDs! Cheeky beggers.

 

And on the back of your SAR, they do have 40 days to respond, so sit tight and see what happens!

 

Let me know how you get on.

 

Little Bob.

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HI

I sent my subject access request on May 19th. On June 16th i received this information. I sent a secure message requesting my £876 on the 16th or else court action would be taken. I then sent a secure message again on Monday 18th. On Tuesday 17th i contacted them by phone to see what was happening. I was informed that i would receive my money in 2 working days. Today i got a letter confirming this.

 

I cant believe how quick and easy this process was. Here's hoping my money will be returned to me tomorrow.!!!

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How does that work ebd89?! Some of you get it straight away and others (ME for instance) have to wait ages?!! A bit inconsistant and very irritating!!!

 

Never mind. Glad you'll get your money, I'll let you know if I ever get there!!

 

Got to love 'em!

 

Little Bob

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Well guys, woke up this morning and checked my account. And WOW there was my £876 reimbursed. I can't believe it!!!

So i packed up the car and me and my three little darlings headed to town for some indulgence. To top it all i'm on maternity leave at the minute and this money has been a godsend.

 

Good luck to you all in your cliams!!!

 

P.S Also made a cliam to the Bank of Ireland for £471 four weeks ago and would you believe it they sent be a letter today offering me £250. I think i'm going to accept as i believe they take all their cases to court. WHAT A DAY ITS BEEN....

 

ebd 89

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CONGRATULATIONS ebd89!!!:D :D :D :D

 

I don't blame you for indulging in some indulgence! Good luck with the baby. Remember to put some aside for the new addition to your family :D

 

Wow - I hope they take my claim seriously too (once I start it)!

 

Anyway, congratulations once again.

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hi LittleBob.

 

It's been a bit quiet here recently. What's happening with your claim. I was trying to work out your timeline and reckon that you should have sent an LBA at some point, which is counting down.

 

Is this the case?

 

Let us all know please. I'm still waiting for Smile (I'm NOT) to send all my banking info as per my SAR request. I'll let you guys know when it arrives.

 

Speak to you soon.

 

deedee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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