I've just won my claim against Smile. Had the letter this morning that they are refunding my charges 'as a gesture of goodwill'. I don't seem able to send any of the Mods a PM, so would ask here if you would change the thread 'Jester vs Smile' to 'WON' please

Today is the day that my MCOL claim is considered served and whaddya know .... Letter comes thru the post from Smile agreeing to refund the whole £3124 'as a gesture of goodwill'. It's not in my account yet and so I will not be withdrawing my MCOL claim until I actually see the funds in my account. ....BUT I WON !!!!

I placed my MCOL claim against them last Friday evening. On Saturday morning I got the same reply back once again as you have.

Well I was hoping to get an answer to this as I don't know if I am expected to send anything into the court at this point. Has anyone seen a letter from the court of this ilk before ?

Hi Gensha, Thanks for that. I'll spend some time looking around to see if I can find it. As it happens, I have started my own thread on here now because I've now got as far as a court date. Now that I have the Judge's name I think I am going to write to him about what is happening as I know the bank is not going to turn up to defend and I believe the Judge realises that too.

I've now got to the court stage in my battle with Smile for £3134 in charges. Had my list of charges a few weeks ago (though they made me wait 40 days for them). Immediately sent my first letter off asking for them to pay back all the charges, together with a full breakdown. Got the standard response of 'We are sorry to hear about your complaint ... blah blah blah. I sent the second letter via Secure Message on the online banking bit. This time I got a message stating that they are allowed 4 weeks to look into a complaint, or 8 weeks at the discretion of the FSA. I then sent them back another secure message saying that their workload was not my problem and that I would be sticking to the 14 days I gave them. Because I was so busy with work, I actually let them 21 days, but did send a few secure messages to them to remind them of me and that I was still waiting. They did not even have the courtesy to respond or acknowledge all these secure messages I was sending them. So, last night I finally lost patience with them and started my claim on MCOL. Hopefully they will now start talking to me and making offers. Ironically, I also have a claim going against First Direct for over £8000 and this morning finally received my court date from Cardiff County Court of 14th August. After waiting for so long, everything seems to happening all at once !!

I've finally got a court date for my claim against First Direct, but I am a little confused as to it's wording. It says: Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it. IT IS ORDERED THAT 1. Directions will be given in this case by the designated Civil Judge on the 14th August 2007 at 10.30am at Cardiff Civil Justice Centre blah, blah 2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing. Does this mean that the judge is ordering First Direct and I to come to some sort of agreement before the court date ? Can anyone advise ? This is not what I was expecting from the court !!

I've done the same with Smile, though I sent my LBA by secure message on 15th May. I also got the standard response, but informed them that their 4 weeks is up 8th June (today) and that I would be starting court proceedings if they failed to answer by c.o.b. today. I sent them a gentle reminder this morning but as yet I have still had no response from them. Best of luck to you

Hi, I'm new to this site. I'm at the stage where the court proceedings against First Direct have been transferred to my local court (Swansea) and then transferred again to Cardiff. I've been reading this thread with interest. Where can I find these letter templates you speak of because I have searched but cannot find them ? Cheers