Advice sought on new claim

[jazzorgan]

Hi

I successfully claimed about £900 back from Smile in the autumn last year. (in two rounds, both times they payed up after receiving the LBA) On the second round they threatened to “review my banking facilities” should I ask for the return of any more charges!

Fast forward to today, and since then they have taken an additional £550 in charges, which has now surpassed the amount I am in debt to them through my overdraft, so I have decided to go in again, perhaps for the final time if they close my account (I’ll get a parachute account once I get going on the claim.)

 

Since 2006, it seems the waters have muddied slightly about the best way to claim. Last time I claimed successfully I was very confident, but I’m less so now – for a start I live in Scotland and I read a post that said the best way to proceed in Scotland was to go through the Financial Ombudsman Service.

 

I had a look also at the moneyclaim site and wish that I had the option of doing it that way, but alas that’s only if you live in England, right? Well, I am English and my parents still live there, can anyone tell me if that opens up any options to me?

 

I’d just like to know which road to go down in order to get my money returned. I’d like to avoid having to file a claim at the Sherriff Court in Edinburgh, as it seems the most demanding (and risky) approach, although I did look over a copy of some of the forms last year and they didn’t seem too daunting, and I’m happy to pay the £40? if i get it back along with the charges.

 

I'd appreciate any comments or advice any of you might be able to give me, and I'd like to say thanks for your continued fighting spirit and community on this forum.

 

jazzorgan

[PKea]

Hi Jazz

 

My advice would to be use your Parents address in England and fike using MCOL

 

Hope This Helps

 

Paul

 

"Wisdom Begins In Wonder"

My advice is based on my personal experience and should be taken as such.

If I have helped you, Please click the Scales

Guide To Claiming Back Charges

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[amejelo]

Claim but change your account this time. they closed both my current account and credit card account 8 weeks after my first and only successful claim for a meagre £500. I reckon you're probably on think ice so if you can't afford to have them close your account(s) i'd think twice.

[kennythecelt]

If you are in Scotland, consider FOS route prior to any possible court action.

Try a search for FOS for futher info.

[jazzorgan]

They closed your credit card account? I didn't think they were able to do that, as it is under a separate agreement.

 

You have made me think twice about claiming. I am slowly paying off my credit balance but it still runs into a few thousand pounds that I cannot possibly afford to pay back at once.

 

I'm quite prepared for them to close my current account and have been looking at options for a parachute account.

 

Any thoughts on this?

[amejelo]

I don't really know, in my case they first of all gave me 30 days to close my current account and only when i asked them to clarify that it didn't include my credit card or personal loan they said 'we also want your credit card'. I thought it was a seperate agreement too but to be honest i'm at a stage of tip toeing around because no matter if it is unlawful i can't afford for them to ask for my loan or credit card balance back at once. I already have a parachute account with HSBC but i effectively lost all the charges i claimed back through paying off my smile o/d when they told me they intended to close my account, which is fine, but i can't possibly cope with c/card and loan too!

 

all i'd say is be careful, i claimed a relatively small amount (£500), didn't incur any more charges and then was informed i was misusing my account. My partner, has a worse record than me and has claimed back £700 in charges and they haven't closed her account. Go figure, who knows what goes in in their heads! good luck whatever you decide.