Jump to content


BankFodder BankFodder


Smile response to the Test Case

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4616 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

This has been posted on the Smile website. smile: about overdraft charges


Do not let this put you off claiming via the courts. File your claim as normal, but I strongly urge you to file using an N1 at court, rather than through MCOL. The benefit of this is that you are able to do a much more detailed Particular of Claim, with your schedule of charges attached.


CAG has amended the Application for Removal of a Stay to cover stays such as smile are proposing. Basically you will be objecting to a stay due to the test case. The template is in the Bank Templates Library, but as with all templates make sure that it is right for your own case, and amend it if you need to. There's a link below.



What's Best for You?



The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.


Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007



Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Share this post

Link to post
Share on other sites

Im utterly confused by the OFT test case now!


Could you clarify, if:


a. Smile have signed up the waiver on complaints for the test case


b. If Smile customers can still claim/continue with their claim, or will all claims be suspended until the result of the High Court ruling is known?


c. There is a N1 form (amended) available for Smile customers to download and send as the CO-OP bank form does not acurately reflect the charges that smile makes with regards to unauthorised banking etc.



Share this post

Link to post
Share on other sites

Hi there

I have just sent you and bankfodder a private message asking for advise/comments on my case against A+L due to be heard tomorrow at Redditch. BUT it hasnt been sent as "you have exceeded your stored messages space" I must admit it was a long message as I have quoted from letters recieved. Should I message you again here?


Share this post

Link to post
Share on other sites

Hi! Newbie here! :)


This is my first post, but i must say a BIG THANK YOU to everyone here. The information i've found here has certainly helped me get the ball rolling with my cliam.


I've just received my first letter back from smile and this basically responds with the 'waiting for test case' with regard to unauthorised overdraft charges.


I've read the smile statement from the link above and they say it could take up to a year! :eek: Does anyone know of a way of monitoring the status of this test case? I'm considering waiting until this is over before persuing my claim any further.


Would claiming back other charges in the meantime make the process a lot more complicated? i.e. if they propose a settlement without the unauthorised overdraft charges and later want to go back to claim them (if that makes sense!) :p


Thank you again!



Share this post

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...