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JimLawyer, Solicitor
Category: Law
Satisfied Customers: 9985
Experience:  Senior Associate Solicitor
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I am looking for some advice, I tried to apply for finance

Customer Question

Hi there I am looking for some advice, I tried to apply for finance with “insta smile”
Assistant: Where are you? It matters because laws vary by location.
Customer: sorry, this in the uk
Assistant: What steps have you taken so far?
Customer: I have tried apply for finance and they company declined me but then proceed to take £450 out of my bank account. I emailed them and called my bank that same night to be told that it would have to be cancelled with insta smile, even though there was no authorisation for the money to be taken, after many emails back and forward with the company and me advising them they have put me and my children in financial hardship, the following the the emailed to say they had sent the goods out anyway and they will need to be sent back unopened which I had to pay for recorded delivery and they then said a further £75 would be taken for “admin” fees. They then emailed to say that they would refund me in 14 days as this is their policy. 14 days have now passed and when I have emailed them to ask what is going on they have now advised they changed their policy and this will now be 30 days. I simply advised I would contact trading standards as this is my children’s money they have taken and are now advising I have to wait another 14 days, when asking for proof of when this changed they told me they would cease contact due to harassment and abuse. I have all emails and correspondence and I am extremely Distressed. Upon inspected of trust pilot every single review is terrible and all these poor people are going through the same experience. Can you please help me
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No that is everything
Submitted: 7 months ago.
Category: Law
Expert:  JimLawyer replied 7 months ago.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

It seems grossly unfair the way you have been treated. I therefore recommend that you send the company a formal letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You may also want to report them to Trading Standards on 03454 040506.

You will need to register at so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee (details of the money claim fees are listed here at page 5: and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee. If this applies, let me know as you cannot use the online money claims site – you have to use the paper N1 claim form and the EX160 fee remission form (I have copies).

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), application to wind up the company, apply to summons them to court for questioning, all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,


Customer: replied 7 months ago.
Would it be possible for you to send this email on my behave ?
Expert:  JimLawyer replied 7 months ago.

I can ask customer services to send you a copy of this answer to your email address. Is this OK?

Expert:  JimLawyer replied 7 months ago.

Morning, if you could please leave a rating and click “submit” I would be very grateful.

Many thanks,


Expert:  JimLawyer replied 7 months ago.

Good morning, if you could please leave a rating and click “submit” I would be very grateful.

Or if you can confirm whether I answered the question to your satisfaction.

Many thanks,