Bank Smart have recently amended their terms and conditions.
2.13) If you submit a claim that has no value i.e. there is nothing to reclaim, we will charge you for the work completed on that claim up to and including the date this became known to the Company.
Unenforceable Contract Claims
16.1) In the event that you submit an unenforceable claim against any loan, credit card or other regulated agreement that Bank-Smart are yet to complete the return of penalty charges to you, on completion of the unenforceable claim, you agree to repay the total commission and costs due to Bank-Smart for the associated Bank-Smart claim as stated in condition 2.8.
16.2) You agree that on submission of any unenforceable claim the Company will not be liable for any repercussions as a result of your non-payment of any outstanding existing debt. Please view our website, the OFT website or write to us at our registered address for further information on the possible implications of submitting an unenforceable claim. Claims are deemed to be settled in full when either the debt is deemed unenforceable by the Third Party or the Courts, or by the Company if the conditions detailed in the OFT guidelines on unenforceability are met, or if the Company is not provided with a copy of the agreement within the timescales required under the Consumer Credit Act.
You can view the new terms PDF – Bank Smart terms_and_conditions – January 2017