The time factor seems to be a bit random with Smile. 4 weeks after my LBA I was getting ready for MCOL this week, and I checked the account to look if they'd charged this month, and was amazed to see they'd payed up! I was so late with MCOL because real life took over a bit the past few weeks. I am actually wondering if they are still trtying to pay up when LBA is sent but are genuinely snowed under with such requests. If so, it is costing them money when it goes to MCOL and they have to pay up the interest and court fees as well, they should employ some more staff... Good luck, anyway! Andy

Well, better late than never. Just about to file MCOL and checked account. Smile payed full amount in yesterday, so now SETTLED IN FULL!!! Thanks for support. Andy

I got excited by this today as well!!! Instead, I got allocation papers from Court...

Sorry, forgot to update here. LBA was a few days late, so sent on 27/10/06. Tick tock Andy

Can I just ask, how close to the 28 day deadline did they file the defence? I'm on day 26, and getting itchy, as I'm still on Acknowledged... Andy

OK, no panic. As it goes, the message was regarding something unrelated and trivial, so no matter. I agree with bnoc though, there can be no end of problems proving who's said what on the phone, and recording conversations isn't always easy, especially if the bank calls you. I have had this issue with smile with previous issues, and it can be very awkward. I think we should be encouraging people to insist on written communication and recorded delivery to ensure these problems do not arise. Andy

Looking into some other threads here, wondering if Smile are biting back a bit. My wife (it's a joint account) had a voicemail message from someone at "The Cooperative Bank" yesterday. Not sure why - there's no real reason for them to contact us, except that it's now LBA time.... Andy

Well, guess my signature says it all. Offer letter from DG for £3236.60 (full amount, plus court charges) from DG today. Just replied, crossed out confidentiality clause, and am waiting for cheque. Survey and donation coming up! Cheers to all for help/inspiration. Andy

Might be worth asking them to highlight where in your schedule they think you've made a mistake? Then you can check it yourself and see who's wrong. If you're certain you're right, then go for it!! Andy

I think that is the address they use for complaints etc, rather than just general banking stuff (Balloon St, Manchester). Don't worry. As along as it's registered post there'll be no problem. Andy

Go ahead according to your timescale. They are trying delaying tactics to put you off. Andy

I got a confirmation letter by post, and the statments arrived close to the Data Protection Act deadline. Recorded delivery is also essential. Try to avoid PO Box addresses, as a recorded letter does not require a signature in these cases. Only special delivery (£4) will get a signature from a PO Box. Andy

It is unbelievable. I guess the maximum amount they can charge you in a month is £155 (31 x £5). Plus the £15, of course. Maybe they absurdity of their charges is the reason they are so fast at paying up when challenged. Think how much they would stand to lose if a case went to court, made loads of publicity, and all of their customers started similar claims... Hopefully we'll be smiling soon!! Andy

Glad to be of service. Good luck!

Sorry! Assuming you are using the basic spreadsheet from the templates library, add a row containing: In Respect of-----------Amount-----------Date.... Refund received---------£xxx-------------date funds cleared Make sure £xxx is the amount you have received, entered as a negative number as you are deducting this amount from your claim. The spreadsheet will then adjust the total amount of the claim remaining, and the appropriate interest calculation. PM me with an email address and I'll send you an example xls file if this is still unclear. Andy

Maybe someone could verify this... I would be tempted to recaluclate using the spreadsheet, and include the payment recieved as a negative value in the appropriate column, along with the date that the payment cleared to you. The spreadsheet should then calculate the appropriate interest and amount outstanding, for you to fill in on MCOL. Think this would work. Andy

No problems. Sounds like you're at similar stage as me! Andy

Brill, made my day. Which had been crap, up until now Andy

Seconded.

joebloggs / teddea I would agree with you both, FWIW. Andy

Got acknowledgement from Lee Saunders dated 03-10-06, letter also telling me how to complain.... Andy

Hi When I've had refunds it tends to say "Adjust...." or "Refund...." HTH Andy

Sorry, missed these posts. I think you did it right, midge61. Good luck. Andy

OK, letter from DG offering £1,618.30 arrived this morning. I can't believe I'm about to 'no deal' on over a grand...

Hey guys As I understand it, Daily Excess Charge is £5 charged per day you are over your agreed facility. Service charge is £15 per month for each statement month or part of that you go over your agreed facility. Commission is £20 (£25 more recently) for each item (s/o, d/d, cheque) which they don't pay due to insufficient funds. All of these are unlawful, and therefore can be claimed back. If I'm incorrect I apologise, but I am fairly certain this is the correct information. Andy