Smile direct club help!

ChanoTheMano

uphoriak said:

I'm in the same boat - currently in the middle of a payment plan with Tabeo until mid 2025 and mid-treatment, and now won't get my corrective alligners at the end and no check-ins or feedback from my assigned authodontist. I've saved copies of my agreements with Tabeo and everything I can think of and am waiting for Tabeo to contact me back as I filled out the contact form on Sunday. I'll email tomorrow if I haven't heard anything so at least I have documentation of what I've sent them (their online form doesn't email you a copy of what was sent).

My bank has told me to cancel my DD to Tabeo which I don't think I want to do because I'm hearing they're being passed onto credit agencies to chase, and I've just spoke to citizens advice this morning who have told me to contact the email address listed on the SmileDirect Club website and confirm whether my payments so far have covered costs and what the cost for redemption is? I'll try this next while also chasing Tabeo as per the "right of redress" clause in the T&C's I have with them.

I'm also the same, In the middle of my plan but waiting on an adjustment to my retainer - which will 100% not be arriving. Where do we stand with cancelling mid way through SmilePlan??

TELLIT01

Debhu154 said:

Do the same rights apply if you were paying on a finance agreement through tabeo which works on behalf on smile direct? I've cancelled my direct debit as I'm only half way through but now worried it may impact my credit score 

If you have a credit agreement isn't that company jointly liable for provision of the goods or services?  If that is the case, they obviously aren't going to be able to provide so shouldn't continue to charge.  I must stress that I don't know the legal position, just asking the question.

born_again

TELLIT01 said:

Debhu154 said:

Do the same rights apply if you were paying on a finance agreement through tabeo which works on behalf on smile direct? I've cancelled my direct debit as I'm only half way through but now worried it may impact my credit score 

If you have a credit agreement isn't that company jointly liable for provision of the goods or services?  If that is the case, they obviously aren't going to be able to provide so shouldn't continue to charge.  I must stress that I don't know the legal position, just asking the question.

We really need to know who this finance provider is.

Given this is a US company & their strange regulations. I can see why administrators are saying to people to keep paying. Boosts the funds for them to share out.

While stopping DD is never the best option. I think in this case is the way forward. 
As no way to reclaim back on a DD for non receipt of services.

Just found this via google

SmileDirectClub UK Ltd. (SDC) acts as a credit broker. SDC is authorised and regulated by the Financial Conduct Authority (FCA) and entered on the Financial ..

But problem is that link now .just goes to administration default page.

https://smiledirectclub.co.uk/en-gb/terms/

DullGreyGuy

born_again said:

TELLIT01 said:

Debhu154 said:

Do the same rights apply if you were paying on a finance agreement through tabeo which works on behalf on smile direct? I've cancelled my direct debit as I'm only half way through but now worried it may impact my credit score 

If you have a credit agreement isn't that company jointly liable for provision of the goods or services?  If that is the case, they obviously aren't going to be able to provide so shouldn't continue to charge.  I must stress that I don't know the legal position, just asking the question.

We really need to know who this finance provider is.

Given this is a US company & their strange regulations. I can see why administrators are saying to people to keep paying. Boosts the funds for them to share out.

While stopping DD is never the best option. I think in this case is the way forward. 
As no way to reclaim back on a DD for non receipt of services.

Just found this via google

SmileDirectClub UK Ltd. (SDC) acts as a credit broker. SDC is authorised and regulated by the Financial Conduct Authority (FCA) and entered on the Financial ..

But problem is that link now .just goes to administration default page.

https://smiledirectclub.co.uk/en-gb/terms/

No, SmileDirect will have received the money in full from the credit provider, the customers are just repaying the loan to the credit provider.  Unless they are sister companies then you repaying the loan won't give the administrators any additional funds

There is potentially an argument with the credit provider under S75, assuming it's a regulated loan, but stopping paying will mean trashing credit history with defaults etc. 

born_again

https://register.fca.org.uk/s/firm?id=0014G00002TrbQHQAZ

This is a very grey area, as the parent is a US co.

Think someone needs to talk to FCA about this. 

Complaint details at bottom of above link. Might be a way to get some advice.

Certainly people who have not received anything or such as OP need to be complaining & raising a S75 claim.

sicilly

Hi I am also in this position have money still owing on my payment plan treatment never worked numerous. Complaints nothing done. Not sure if tabeo is a separate entity to smile direct. But loan agreement was with smile direct. Now no retainer or lifetime guarantee. Have emailed tabeo still waiting for a response but just a heads up that even though my direct debit was cancelled one time while in dispute over the treatment plan tabeo went directly to my bank and managed to take the full amount without my consent Lloyd’s could not give me a satisfactory answer for how this happened had to do a charge back. In short cancelling the DD doesn’t stop them accessing the money. still owe them money on the plan not sure what the next steps will be 

DullGreyGuy

born_again said:

https://register.fca.org.uk/s/firm?id=0014G00002TrbQHQAZ

This is a very grey area, as the parent is a US co.

Think someone needs to talk to FCA about this. 

Complaint details at bottom of above link. Might be a way to get some advice.

Certainly people who have not received anything or such as OP need to be complaining & raising a S75 claim.

On what basis? They were a credit broker for the provision of services/product not lender nor able to organise standalone loans etc.

They used an intermediary broker in the form to Tabeo who again arent the lender but the documents should identify who the actual lender is. 

PRDMKT

I am under the impression this is in essence an unsecured loan brokered by Smile Direct Club, but provided by "Tabeo". 

If you was to take an unsecured loan and use it to buy a car which later turned out to be faulty, I don't think the bank would refund you your money and I think the same principle would apply here.

DullGreyGuy

PRDMKT said:

I am under the impression this is in essence an unsecured loan brokered by Smile Direct Club, but provided by "Tabeo". 

If you was to take an unsecured loan and use it to buy a car which later turned out to be faulty, I don't think the bank would refund you your money and I think the same principle would apply here.

It depends who the money is paid to... if you were paid the money and then you use the money to buy a car and the left over to buy some shopping then absolutely there is no liability on the bank. If the bank pay the money directly to the car dealership after the dealership introduced you to the lender then the bank is liable. 

Tabeo are also a broker not a lender.

born_again

PRDMKT said:

I am under the impression this is in essence an unsecured loan brokered by Smile Direct Club, but provided by "Tabeo". 

If you was to take an unsecured loan and use it to buy a car which later turned out to be faulty, I don't think the bank would refund you your money and I think the same principle would apply here.

Got a link to show this?

As this is a finance agreement & not a unsecured loan S75 would apply. Lenders have to be regulated in the UK.