Getting My Money Back From SmileDirectClub Financing

gh148

Last year I bought into SmileDirectClub a month before they entered administration, and they couldn't really uphold their end of the deal, so I contacted my bank to get my money back. The way paying for it work was in the form of financing through another company called Tabeo. I easily got the money back from my bank for the monthly payments I already made at the time, however I got a message from Tabeo, essentially saying that all that money is due back anyway, threating default if I don't pay it back, so I had to. Instead, I wanted to wait until I pay it all off after a year, then get my money back, as I imagined they couldn't pull anything like that after our deal is essentially done.

Annoyingly, my bank can only dispute payments up to a certain date, so I was only able to dispute five payments. Again, was easy to get the money back, but again Tabeo are immediately demanding the money back, claiming it as overdue payments, even after I paid the final one, after which I imagined it would be over. So what else can I do in this situation?

born_again

In effect nothing.
Your finance with Tabeo was a unregulated BNPL deal. Which is not covered by FCA/FOS.

There is a long thread on this, in this section somewhere many pages back.

Aylesbury_Duck

I agree, it sounds like you owe Tabeo the money.  They've provided the money, you owe them back.  

SarahAnn1706

I’ve also had no luck with financial ombudsman anyone else similar? 
Good afternoon,

Thank you for your email. 

We appreciate that our response may not have been what you were hoping for. Please be advised, however, that this was our final resolution to your complaint and, as such, we have closed the complaint on your account and will not be reopening it.

In our final resolution letter, we wanted to give you an indication on what refund you may be entitled to under the Lifetime Smile Guarantee, based on the information we have from SDC. If you believe any of this information is inaccurate, it is recommended that you keep a record of this in case SDC is able to uphold your request for a refund. For now, SmileDirectClub UK Ltd is not insolvent but there is uncertainty as to whether they will be able to refund you or not. As mentioned in our final resolution letter, we do not have the authorisation or funds from SDC to process any refund to you on their behalf. 

We have prepared some FAQs which may provide some helpful information on SmileDirectClub’s liquidation. You can find these Unfortunately right now, we are unable to offer any more assistance.

As a reminder, your loan is not regulated by the Consumer Credit Act 1974 which means that you will not be able to escalate your complaint to the Financial Ombudsman Service as unregulated loans fall outside of their jurisdiction.
Kind regards,

Tabeo ComplaintsTabeo Broker Limited is incorporated in England and Wales (10416530) with its registered office is at c/o Fox Williams, 10 Finsbury Square, London, England, EC2A 1AF. Tabeo Broker Limited is authorised and regulated by the Financial Conduct Authority. Its reference number is 777539.

On Fri, Feb 16, 2024 12:47 PM, wrote:

Dear (Removed by Forum Team),

Thank you for your email.

This is a confirmation that we received your email and registered it as ticket #(Removed by Forum Team). You can always reply to this email if you want to add additional information.

It may take us up to 72h to get back to you, although we are usually much faster. 

Please note that our working hours are Monday-Friday from 9am to 6pm. 

If you have not done so already, please take the time to check our FAQ section on our website which may already provide you with the answer to your query:


Kinds regards,

Team Tabeo

On Fri, Feb 16, 2024 12:47 PM, (Removed by Forum Team) wrote:

Dear Tabeo Finance Complaints Department,
I am writing to formally complain regarding your recent communication requesting outstanding payments for services rendered by SmileDirect, with whom I had entered into a contractual agreement. This complaint pertains to the situation SmileDirect's unfortunate declaration of bankruptcy, despite my prior request for resolution around the aligners making my gums bleed to the extent where I had loose skin flaps inside my cheeks.  I tried to wear them as much as possible but I was concerned that my cheek flesh would permanently be damaged.   I called Smile Direct and spoke with a dentist in late November who instructed me to try using a nail file or scissors to cut back the aligners which I did, to no avail, when I tried to call back in December SmileDirect had gone into bankruptcy. 
The contractual agreement in question, which was facilitated by Tabeo Finance, was for services provided by Smile Direct under the premise of a lifetime guarantee, touch-ups, and retainers to ensure the completion of the treatment I had signed up for. However, due to SmileDirect's bankruptcy, the company is no longer operational, rendering the lifetime guarantee and ongoing services null and void.  My teeth are still overlapping as per my original 3D images which have now been removed from the SmileDirect App. 
As per the terms outlined in the contract provided by Tabeo Finance, it explicitly states, "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)."
Given the circumstances of the bankruptcy and the consequent inability to fulfill the services guaranteed under the contract, it is evident that the services promised can no longer be rendered, thereby absolving me of any obligation for outstanding payments.
I am requesting an immediate cessation of any further requests for payment and a re-evaluation of the situation by the terms laid out in the contract. I believe it is only fair that Tabeo Finance honors the terms and conditions set forth, particularly considering the circumstances beyond my control regarding SmileDirect's bankruptcy.
I expect a prompt resolution to this matter and a confirmation in writing that no further action will be taken to demand payments for services that cannot be fulfilled due to the bankruptcy of SmiileDirect.
I anticipate your urgent attention to this matter and a swift response within 7 days to resolve this issue.
Thank you for your immediate attention to this matter.
Yours Sincerely,(Removed by Forum Team)