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

[Little Bob]

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".

 

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.

 

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

[kennythecelt]

Its just another phrase for unlawful charges. That is your money the banks have taken and you can claim it back.

I f you follow the procedures on here you will get it back.

Ask any questions if you need help.

Good luck!!

[Little Bob]

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.

[splendid]

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!

[Little Bob]

Thanks Splendid!!

 

I'll see what happens and keep you posted.. let me know if you manage to get any money out of them!

 

LB.

[planet_moomin]

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

[Little Bob]

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

[deedee1310]

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

 

deedee

[Little Bob]

I know... I love the way I'm COMPLAINING! Got to love 'em!

 

Thanks DeeDee, I'll let you know how I get on.

 

BANKS SUCK!

[Rainbow157]

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?

[deedee1310]

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 . 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.

[Little Bob]

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

[deedee1310]

Don't worry my S.A.R - (Subject Access Request) still stands 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.

 

deedee

[Rainbow157]

Thanks Little Bob, I have now asked for SAR but I presume they will come back now and say they charge for this service and I'll have to send a cheque or postal order. Will see what happens.

 

Thanks Again

Rainbow157

[Rainbow157]

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?

[Rainbow157]

Hi just a quick question, out of these charges can I only claim daily excess charge as below in red?

 

DAILY EXCESS CHARG

£155.00

SERVICE CHARGE

£15.00

DEBIT INTEREST

£7.65

[Little Bob]

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.

[ebd89]

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.!!!

[Rainbow157]

Wow that was good Edb89, come back and let me know tomorrow lol

[Little Bob]

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

[ebd89]

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

[deedee1310]

CONGRATULATIONS ebd89!!! :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

 

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

 

Anyway, congratulations once again.

 

deedee x

[ebd89]

Ah thanks deedee. By the way had a beautiful baby girl 14weeks ago. Good luck with your cliam and keep me posted.

 

ebd89

[Rainbow157]

Well done again Ebd, as I thought would happen I received a secure message saying that there is a £10 charge for a S.A.R - (Subject Access Request) and I need to agree to this fee, I agreed and not heard anything since so will wait and see what happens next.

[deedee1310]

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