Smile direct club help!

sheramber

It depnds on what agreement was taken out  e.g.


https://tabeo.co.uk/finance

Unregulated

90% of patients expect to split their treatment cost into monthly payments at no extra cost.

• 0% APR only
• 3 - 12 months
• Practice branding

DullGreyGuy

sheramber said:

It depnds on what agreement was taken out  e.g.


https://tabeo.co.uk/finance

Unregulated

90% of patients expect to split their treatment cost into monthly payments at no extra cost.

• 0% APR only
• 3 - 12 months
• Practice branding

There is more than one type of regulation relative to loans. 

The question here is if it falls within the scope of the CCA or not. Last time I checked the number of payments was key, as well as if the loan is more than 12 months and its value. I am guessing given the price of the aligners it was spread over more than 3 instalments. 

Looking at their footer in Wayback Machine it states they were regulated by the FCA and loans were over 25 months so would have been regulated in both senses

Jinglish

https://web.archive.org/web/20220520045340/https://smiledirectclub.co.uk/en-gb/pricing/

This is interesting point too "If you’re unhappy with your treatment within the first 30 days, we’ll refund your cost 100%."

Surly for those that has just received their kit within 30days they are not expected to carry on paying?

"SmilePay™ financing: £70.10 deposit, £70.09/mo. for 23 months (£1682.17 total, £1539 financed at Rep 9.9% APR variable for 24 months). T&Cs Apply. Credit is subject to status and available to UK residents aged 18 and over. Affordability will be assessed at the time of applying. 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 Services Register, reference number 922647"

US article:
https://www.fastcompany.com/90996806/smiledirectclub-shut-down-smilepay-payments-hfd-legal-expert

born_again

Someone brought Tabeo but has never come back to post any proof of a link.

Tabeo are Authorised and regulated by the Financial Conduct Authority (FRN 777539).

https://lead.tabeo.co.uk/smile-dental-care/finance

But is this the same co? Address does not match.

Azza_1

My parter used Tabeo for her allaigners with SmileDirectClub.  Hers' is a 0% interest loan over 11 months.

In her 'loan' agreement it has the following;

This document is a contract between you, the Borrower, and us, the Lender, setting out the terms upon
which we agree to advance a loan to you. This agreement (the “Agreement”) comprises of Key Loan
Terms (Part 1) and the Loan Conditions (Part 2).

Please note this Agreement is not regulated by the Consumer Credit Act 1974

Lender - SmileDirectClub UK Ltd (a company registered in England and Wales under company number 11868252)

Right of Redress - If the Goods or Services are not supplied, or are supplied only in part, or do not conform with the contract, you may have the right to sue us (but not, for the avoidance of doubt, Tabeo).

Signature of Lender - David Katzman, for and on behalf of SmileDirectClub UK Ltd

This Agreement is between SmileDirectClub UK Ltd (a company registered in England and Wales under company number 11868252 whose registered oce is C/O Legalinx Limited Tallis House, 2 Tallis Street, Temple,London,England,EC4Y 0AB (or any person to whom the current Lender’s rights have been assigned) and you, the Borrower named in Part 1 of this Agreement (Key Loan Terms).

Tabeo will service your Loan on our behalf.

The Right of Redress is explicity against SmileDirectClub UK Ltd and the fact they're the lender does that mean any payments can be cancelled? 

Given Tabeo's complaints process it states it can take up to 8 weeks, that's potentially 2 months worth of money before the agreement is cancelled under the Right of Redress?

RefluentBeans

Jinglish said:

https://web.archive.org/web/20220520045340/https://smiledirectclub.co.uk/en-gb/pricing/

This is interesting point too "If you’re unhappy with your treatment within the first 30 days, we’ll refund your cost 100%."

Surly for those that has just received their kit within 30days they are not expected to carry on paying?

"SmilePay™ financing: £70.10 deposit, £70.09/mo. for 23 months (£1682.17 total, £1539 financed at Rep 9.9% APR variable for 24 months). T&Cs Apply. Credit is subject to status and available to UK residents aged 18 and over. Affordability will be assessed at the time of applying. 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 Services Register, reference number 922647"

US article:
https://www.fastcompany.com/90996806/smiledirectclub-shut-down-smilepay-payments-hfd-legal-expert

Company is insolvent now. Means that if you were to return under this policy you’d be in the queue of creditors, likely getting pennies on the pound. 

Smile have stopped sending out kits even for orders that are paid for and unfulfilled. So I doubt you’d be able to get money back directly from them, but may be able to chargeback/S75. 

The company did send a lot of marketing emails out over the last 2 months (my last one was Wednesday last week) like almost daily. Thought it was odd they were having that much of a push. Guess the writing was on the wall for ages.  

dialted

Azza_1 said:

My parter used Tabeo for her allaigners with SmileDirectClub.  Hers' is a 0% interest loan over 11 months.

In her 'loan' agreement it has the following;

This document is a contract between you, the Borrower, and us, the Lender, setting out the terms upon
which we agree to advance a loan to you. This agreement (the “Agreement”) comprises of Key Loan
Terms (Part 1) and the Loan Conditions (Part 2).

Please note this Agreement is not regulated by the Consumer Credit Act 1974

Lender - SmileDirectClub UK Ltd (a company registered in England and Wales under company number 11868252)

Right of Redress - If the Goods or Services are not supplied, or are supplied only in part, or do not conform with the contract, you may have the right to sue us (but not, for the avoidance of doubt, Tabeo).

Signature of Lender - David Katzman, for and on behalf of SmileDirectClub UK Ltd

This Agreement is between SmileDirectClub UK Ltd (a company registered in England and Wales under company number 11868252 whose registered oce is C/O Legalinx Limited Tallis House, 2 Tallis Street, Temple,London,England,EC4Y 0AB (or any person to whom the current Lender’s rights have been assigned) and you, the Borrower named in Part 1 of this Agreement (Key Loan Terms).

Tabeo will service your Loan on our behalf.

The Right of Redress is explicity against SmileDirectClub UK Ltd and the fact they're the lender does that mean any payments can be cancelled? 

Given Tabeo's complaints process it states it can take up to 8 weeks, that's potentially 2 months worth of money before the agreement is cancelled under the Right of Redress?

I am in the same situation.

12 month agreement at 0%. Lender is listed as SDC and Fixed Sum Loan Agreement but not regulated by Consumer Credit Act 1974. "Tabeo will service your Loan on our behalf".

I've cancelled the direct debit as I can make a one off payment if need be on their site.

I've emailed Tabeo on their complaints email but not sure whether it is actually them or SDC directly I should be contacting or whether I should be contacting my bank also.

born_again

If you pay by DD there is nothing bank can do. There is no protection in these cases on DD. As Guarantee does not cover non reciept.

dialted

born_again said:

If you pay by DD there is nothing bank can do. There is no protection in these cases on DD. As Guarantee does not cover non reciept.

I think it was listed as a subscription rather than direct debit when I cancelled it in my banking app. Not sure if that makes any difference 

DullGreyGuy

dialted said:

Azza_1 said:

My parter used Tabeo for her allaigners with SmileDirectClub.  Hers' is a 0% interest loan over 11 months.

In her 'loan' agreement it has the following;

This document is a contract between you, the Borrower, and us, the Lender, setting out the terms upon
which we agree to advance a loan to you. This agreement (the “Agreement”) comprises of Key Loan
Terms (Part 1) and the Loan Conditions (Part 2).

Please note this Agreement is not regulated by the Consumer Credit Act 1974

Lender - SmileDirectClub UK Ltd (a company registered in England and Wales under company number 11868252)

Right of Redress - If the Goods or Services are not supplied, or are supplied only in part, or do not conform with the contract, you may have the right to sue us (but not, for the avoidance of doubt, Tabeo).

Signature of Lender - David Katzman, for and on behalf of SmileDirectClub UK Ltd

This Agreement is between SmileDirectClub UK Ltd (a company registered in England and Wales under company number 11868252 whose registered oce is C/O Legalinx Limited Tallis House, 2 Tallis Street, Temple,London,England,EC4Y 0AB (or any person to whom the current Lender’s rights have been assigned) and you, the Borrower named in Part 1 of this Agreement (Key Loan Terms).

Tabeo will service your Loan on our behalf.

The Right of Redress is explicity against SmileDirectClub UK Ltd and the fact they're the lender does that mean any payments can be cancelled? 

Given Tabeo's complaints process it states it can take up to 8 weeks, that's potentially 2 months worth of money before the agreement is cancelled under the Right of Redress?

I am in the same situation.

12 month agreement at 0%. Lender is listed as SDC and Fixed Sum Loan Agreement but not regulated by Consumer Credit Act 1974. "Tabeo will service your Loan on our behalf".

I've cancelled the direct debit as I can make a one off payment if need be on their site.

I've emailed Tabeo on their complaints email but not sure whether it is actually them or SDC directly I should be contacting or whether I should be contacting my bank also.

Given the lender and the merchant is one and the same and "both" are insolvent is relatively irrelevant as S75 doesn't apply (logically or legally) if the merchant themselves are the lender.