Smile direct club help!

born_again

dialted said:

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 

How was it listed on statement?
DD  or just a normal card payment?

dialted

born_again said:

dialted said:

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 

How was it listed on statement?
DD  or just a normal card payment?

"We will use the debit card details you have supplied to us during the application process or any other card you have agreed to register with us for this purpose. Please note that a CPA is also known as a recurring payment, which is a regular automatic payment linked to your debit card (allowing us to take Repayments directly from your debit card on the relevant Repayment dates)."

mattojgb

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;

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

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

Sorry but that "Right of redress" isn't worth the paper it is written on. You may sue them.

PRDMKT

mattojgb 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;

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

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

Sorry but that "Right of redress" isn't worth the paper it is written on. You may sue them.

I don't think you can sue an insolvent company, and even if you could, I don't think you would get anything from it, you'd just be told to get to the back of the queue of creditors. And I'm not sure what you'd sue Tabeo for, they've not done anything wrong?

born_again

dialted said:

born_again said:

dialted said:

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 

How was it listed on statement?
DD  or just a normal card payment?

"We will use the debit card details you have supplied to us during the application process or any other card you have agreed to register with us for this purpose. Please note that a CPA is also known as a recurring payment, which is a regular automatic payment linked to your debit card (allowing us to take Repayments directly from your debit card on the relevant Repayment dates)."

A CPA they are not reported on your credit file in the same way as a DD. So if you have not received anything, then a chargeback would be a option for non receipt of goods.
If you have received aligners, again chargeback for non receipt of on going service.

Are the ways forward. As this is now known to banks.

mattojgb

PRDMKT said:

mattojgb 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;

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

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

Sorry but that "Right of redress" isn't worth the paper it is written on. You may sue them.

I don't think you can sue an insolvent company, and even if you could, I don't think you would get anything from it, you'd just be told to get to the back of the queue of creditors. And I'm not sure what you'd sue Tabeo for, they've not done anything wrong?

Sorry I should have been clearer. I was quoting the right of redress "you may have the right to sue us". As you say that is not possible now, even if it was ever going to be worthwhile.

Azza_1

mattojgb 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;

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

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

Sorry but that "Right of redress" isn't worth the paper it is written on. You may sue them.

Not expecting any money back but from the point view regarding planned future payments. 

Since SDC UK Ltd are the lender in terms of the agreement and the provider of the service that was being taken, then any future payments can be cancelled?

Jinglish

I personally would cancel. Credit files can be fixed (eventually) but making payments on a product/service that has ceased trading is pretty much a dead duck. What do you value more the potential short term hit on your credit file or the very likely scenario of paying out actual hard earned cash that won't be returned?

born_again

Jinglish said:

I personally would cancel. Credit files can be fixed (eventually) but making payments on a product/service that has ceased trading is pretty much a dead duck. What do you value more the potential short term hit on your credit file or the very likely scenario of paying out actual hard earned cash that won't be returned?

Note a DD effect would by you credit history, not your file. History lender see, file not.

DullGreyGuy

PRDMKT said:

mattojgb 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;

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

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

Sorry but that "Right of redress" isn't worth the paper it is written on. You may sue them.

I don't think you can sue an insolvent company, and even if you could, I don't think you would get anything from it, you'd just be told to get to the back of the queue of creditors. 

You can sue an insolvent company before they are struck off... often its not worth doing because as you say there won't be the funds to pay another unsecured debtor however clearly in some cases there may be insurances and they pay the settlement once the court order against the company has been made (eg PL insurers paying out on someone injured whilst in store)