Smile response to the Test Case

[caro]

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.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

[theamused1]

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.

 

HELP!

[dewhit20]

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?

KayX

[wiLik]

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! 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!)

 

Thank you again!

 

wiLik