Thread: deedee1310 v Smile

Hello all. I am making my first post on the Smile forum as I am now ready to begin my Smile claim. I have three other claims on the go at the moment, hence my delay. I am hoping that this forum is as helpful as the Abbey, Capital One and Halifax forums.

I will be sending my Preliminary Letter to Smile on Monday. Including overdraft interest, Smile owe me £2553.05.

Wish me luck!

deedee1310

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everything suggests they're a doddle compared to the others

I issued proceedings just before they credited my accounts with all the charges I'd claimed so just the interest (they 'don't pay debit interest') and the stat and the court fee to go

they are quite the ones for charging the fees in the first place though aren't they? My claim was just shy of a £1,000 after only two years and me trying really hard to be good

Hey Micky.

Thank you for popping over to my new thread. I agree, Smile are the worst for charging IMO. They charged me £5 a day for over a month on more than one occasion.

If they don't pay debit interest, does this mean I will have to continue to court to try and get it paid to me?

deedee x

it's not up to them what they have to pay, it's just an offer with a bluff attached

I've told them I want it paid, once you have the court action served, the clock is ticking and they know it, interest due to charges and the stat interest are rock solid claims

imho

I got my basic charges back a day or two after the court action was served if that's any help, I was expecting from other threads to get that near the end of the lba deadline, I didn't waste any time so perhaps they were just late, all I'm after now is the interest due to charges and the stat and fees but they say they're going to defend in full ...

Hi Mickey.

Thanks for checking in. I sent my Prelim. letter to Smile on 23/7. I will send my lba next Tuesday 7/8. I am continuing as though the OFT announcement was never made, and sticking to my timescale.

I am away for two weeks after next week, so will file N1 once I return.

deedee

Originally Posted by deedee1310

Hi Mickey.

Thanks for checking in. I sent my Prelim. letter to Smile on 23/7. I will send my lba next Tuesday 7/8. I am continuing as though the OFT announcement was never made, and sticking to my timescale.

I am away for two weeks after next week, so will file N1 once I return.

deedee

check out the link in my siggy

spread the word

Hello All!

I haven't posted to this thread in a long while. Well here's an update.

I never got round to filing my N1. In the meantime, Smile defaulted my account earlier this year and are chasing me for the full £2000 odd pounds they claim I owe them.

Should I file my N1 now, or should I re-start the process (prelim letter, lba etc)? I don't want them to file for a CCJ whilst I am doing this. What can I do to prevent this?

Your answers as always are greatly appreciated.

I wasn't good at this when I ws doing it and I'm so rusty now

I think if you'd sent the N1 they couldn't have done that, someone that knows more than me will have to confirm but I suspect you;d get a fair hearing from a court if you could show that you started the process of reclaiming charges, after all they've stayed everyone else, why should they be allowed to act against people unilaterally

that said there's an argument that you haven't started any legal proceedings officially so they can go after their debt as per normal

but I suspect a court would be sympathetic

I suspect, as ever, a well wored and honest and frank letter to them would work wonders, they're probably only after a comitment from you to pay them a small amount a month to pay back what you owe. I wouldn;t have thought this would affect your right to reclaim charges anyway

My opinion only, wait for expert advice before doing anything significant, but I'd write to them explaining your situation and proposing a modest repayment schedule, even if they get arsey, it'd look good later on

best of luck
micky

Thanks Micky

I'm not paying them a a penny as the charges tand the balance I allegedly owe, cancel themselves out so they owe me nearly £800.

I am sorely tempted to file my N1 now though or re-send lba. I didn't file N1 as OFT was announced as I was counting down from LBA stage back in 07.

I will wait to see what anyone else thinks, but thank you again for looking in on my thread.

deedee

Hi deedee

Good to see you again how have you been ? all good i hope.

You should send your prelim and lba again as it has been 2 years followed by
the account in dispute letter ;-) amend it to your needs.

Account_in_Dispute


Tilly