Co-op - Smile Credit Card

[Birdie]

Hi. Please could someone give me some pointers on how to deal with this one?

We had a cc with Smile - balance is currently £11,100 including charges, interest etc etc.

Been in dialogue with them (only thing from me was a letter enclosing our budget a few months ago offering £1 per month until we could sort our finances a little). Unfortunately, have spoken to them by phone - they are demanding copies of credit card statements, mortgage statements, proof of income for me and for my self employed husband - I've told them that we're waiting for the accountant to complete his books.

25th July 2008, they sent a Default Notice served under section 87(1) of the Consumer Credit Act 1974.

Same day - 25th July 2008, they sent a letter detailing what they are considering referring me to solicitors - action may include making a charge against our house, warrant of execution - baliff visit.

I made a payment of £10 to them to shut them up, still demanding by phone copies of everything, told me they would put it on hold until 14th August - ie today, when they needed an update regarding hubby's accounts or they will refer to DCA>

30th July - another letter saying your account may be passed to DCA in 7 days time. Phoned them again, they said computer generated and I needed to phone them on 14th re update from accountant - giving our updated income and expenditure.

I want to SAR and CCA them - ie send them off today recorded delivery and send a letter disputing the charges, however, how should I play the telephone call today - I do not particulary want them to pass the account to DCA which they say will be Phoenix Credit Services Ltd.:suspicious: Should I just phone them, pay another £10, tell them accountant stuff should be through in a few days (which it wont be because we've not sent it yet! LOL). Then dispute, CCA and SAR them?

Any advice gratefully received

Thanks

HLG43

[Curlyben]

Re: Co-op - Smile Credit Card

Don't worry about their hot air concerning "selling" it to a DCA, you are clearly in dispute with them and as such they cannot pass it to a DCA.
Although they probably will.
Not to worry we can deal with them if that happens.

Right then, NO MORE PHONE CALLS to these people.
Keep everything in writing for the avoidance of doubt and a nice paper trail

Don't be bullied into paying more than you can afford. Stick to your guns.

[Paule]

Re: Co-op - Smile Credit Card

NEVER TALK ON THE PHONE - DO EVERYTHING IN WRITING

Is this a personal CC or a Business CC

We have an income expenditure chart here
Legal Beagles

Fill that in with real figures, NEVER OVERSTRETCH YOURSELF, and use that for them.

They are trained to manipulate you and coerce you into paying as much as possible on the phone. If they call simply say 'I do not discuss financial matters on the phone, pleas put any correspondance in writng to me' and end the call, dont get into furhter dialogue on the phone.
There is a letter here for telephone harassment to send to them
Legal Beagles


PKea

[Birdie]

Re: Co-op - Smile Credit Card

Thanks. I've been sitting brooding what to do, feeling bullied by the lovely people.

The fact that I have not yet sent off the dispute letter etc, does that legally mean that I am in dispute with them? I know this may sound a rather ridiculous question!!!

Thanks.

PS - It is personal card in my name and nothing to do with my husband

[Sapphire]

Re: Co-op - Smile Credit Card

I'm actually sure about the answer to your question hun, although I would believe that if you have told them that you are disputing it verbally then its not solid till they get it in writing.

Personally I would get that typed up and sent off NOW and send it via recorded delivery as well so that you know its signed for.

[Birdie]

Re: Co-op - Smile Credit Card

Hello,

Please could someone help with the attached, I'm really unsure where to go with this.

I sent a full CCA letter, along with SAR and dispute letter and this is the reply that I have (please bear in mind I have a bank account and credit card with them, so the CCA relates to the credit card only). They've only sent a few statements for each account, not all of them.

Many thanks.

hlg43

[Amy]

Re: Co-op - Smile Credit Card

Are all your statements available to view online?

[Birdie]

Re: Co-op - Smile Credit Card

No. For the credit card. I can only go back to April 2008. For the bank statements, it will only let me have the last 12 months or 50 statements, which ever is sooner, so they have not actually complied with my requests.

[Amy]

Re: Co-op - Smile Credit Card

Then you need to remind them of their legal obligation to provide you with your requested data and also of the deadline they need to comply by.

[Birdie]

Re: Co-op - Smile Credit Card

Thank you very much Amy. We really appreciate your help.

xx

[Amy]

Re: Co-op - Smile Credit Card

You're welcome xx

[Birdie]

Re: Co-op - Smile Credit Card

Just received this email from Smile :

"5TP - What's this? Visit http://www.smile.co.uk/emailsecurity to find out.

Dear


A number of changes introduced by the Consumer Credit Act 1974 will come into effect in October, requiring us to implement changes to statements and notices. So we've done it. We've reviewed and updated some related terms and conditions that apply to your smile credit card. Please take time to read through the updated terms and conditions, they explain what you can expect from us and what we can expect from you in operating your account with us. Oh, and they're effective from 29th September 2008. That wasn't so bad was it?

VISA Account

Credit Card Product, and Application Terms and Conditions

Statements and Payments (Section 6 of online Terms and Conditions, Section 7 of printed Terms and Conditions)

6.1 (7.1) - the change is to advise that we will make regular statements available to you monthly and other notices from time to time, as we have a new obligation under the Consumer Credit Act to provide Notices of Sums in Arrears if you are behind with your payments and Notices of Default Sums, if we apply fees or charges to your account as a result of you being behind with your payments.

6.2 (7.2) - a reminder that you should view your statements when they are available.

6.12 (7.12) - a reminder that statements will be available to view online for up to six months and thereafter there will be a charge if you wish us to send you a copy.

6.13 (7.13) - that we may send you information under the Credit Agreement either electronically via your account, personally or by pre-paid post, unless it's a statutory notice when it must be sent by post. If sent electronically will be deemed to be received 24 hours after electronic transmission or 2 days after posting.

For a short while as everything gets sorted customers may receive a paper statement as well as an online one. Bonus!

Thanks.

smile

************************************************** *******

The legal bit
As part of the The Co-operative Bank, smile is authorised and regulated by the Financial Services Authority (121885), subscribes to the Banking Code and is a member of the Financial Ombudsman Service and is licensed by the Office of Fair Trading (006110). This e-mail is intended solely for the addressee and is strictly confidential. If you are not the addressee, please do not read, print, re-transmit, store or act in reliance on it or any of its attachments. Instead please email it back to the sender and delete the message from your computer. E-mail transmission cannot be guaranteed to be secure or error free and The Co-operative Bank accepts no liability for changes made to this e-mail (and any attachments) after it was sent or for viruses arising as a result of this e-mail transmission. Any unauthorised reproduction, dissemination, copying, disclosure, modification, distribution and/or publication of this e-mail message is strictly prohibited. The Co-operative Bank may intercept any e-mail or other communication which you send to or receive from smile via the Bank's telecommunications systems for certain permitted lawful purposes. By so corresponding you also give your consent to Bank monitoring and recording of any correspondence using these systems. The Co-operative Bank p.l.c. is registered in England and Wales, number 990937. The registered office is at P.O. Box 101, 1 Balloon Street, Manchester, M60 4EP."

[Amethyst]

Re: Co-op - Smile Credit Card

pmsl @
A number of changes introduced by the Consumer Credit Act 1974 will come into effect in October, requiring us to implement changes to statements and notices

Its taken over 30 years to implement the changes introduced in 1974 ???????? me thinks they not explaining too well.



anyway they mean the 2006 amendments thus http://www.opsi.gov.uk/si/si2007/pdf...0070123_en.pdf

1 October 2008 will mark the final implementation date when the following provisions are due to be introduced:

• Post contract transparency. These provisions (which were originally due to come into effect in April 2008) will impose minimum standards, including:
  • • Periodic statements for fixed sum credit.
    • Periodic information on statements for running account credit (e.g. health warnings).
    • Arrears notices.
    • Requirements relating to default notices (the period for consumers to respond to default notices has already been extended under the Act from 7 to 14 days).
    
    
  
  In addition, interest on default sums will also be restricted to simple interest. Failure to comply with the above requirements will impact on an agreement’s enforceability.

[Birdie]

Re: Co-op - Smile Credit Card

Hi

Please could somebody take a look at the attached (2 pages) and let me know whether the CCA is compliant? Please be aware that there is no signature for Smile, although it has been dated 15/01/04.

Many thanks.

Birdie

[Curlyben]

Re: Co-op - Smile Credit Card

I see NO ships or prescribed terms
Actually I lie there is ONE and I bet it's lonely.

When will they learn. You'll soon start to notice a trend here.....