Bank Smart Symmetric Systems Ltd

[EXC]

Re: Bank Smart Symmetric Systems Ltd

Ok thanks.

That you didn't actually complain doesn't really matter as we have a complaint final response from them which allows us to take the complaint straight to the Legal Ombudsman.

I'll work on drafting it over the next few days and in the meantime if I have any questions I'll post them up here.

We'll be asking for a refund of the overcharge on the commission and the return of the £600 paid.

[GerryC2016]

Re: Bank Smart Symmetric Systems Ltd

Hi EXC message received and thank you.

Best regards

Gerry

[EXC]

Re: Bank Smart Symmetric Systems Ltd

Draft complaint to the Legal Ombudsman.

You need to include copies of the Bank Smart contract and Bank Smart's complaint response letter.

http://www.legalombudsman.org.uk/?po...ment-companies

Dear Sirs

I make this complaint on behalf of my elderly mother.

There are two separate grounds to the complaint:

1) That my mother was over charged by Bank Smart in respect of their commission for a successful claim made to HBOS by £328.23 for which she is entitled to be refunded.

2) That Bank Smart charged a total of £658.20 for ‘’breach of contract’’ that they had no contractual right to and for which she is entitled to be refunded.

1) Over charge

A successful PPI claim (claim no: 137916) was made to HBOS for which £3318.40 was refunded (as confirmed in Bank Smart’s final response letter) and for which my mother was charged and paid £1323.63.

Both the terms & conditions and the final response letter clearly state that their success fee is calculated at 25% + VAT and so the correct amount should have been £995.40. Therefore my mother is entitled to be refunded the amount of £328.23.

2) ‘Breach of contract’ invoices

My mother was incorrectly charged (and paid for) two amounts for ‘breach of contract’ in respect of the following claims:

Claim ref 144250 - £404.40
Claim ref 144247 - £253.80

In their final response letter Bank Smart confirm that both claims failed as they were rejected by the lenders and that the ‘breach of contract’ occurred when Bank Smart claim that my mother did not complete and return forms to take the complaints to the Financial Ombudsman Service.
We dispute that my mother should have been charged for the ‘breach of contract’ on 3 grounds:

1) The contract (and any obligations under it) expired at the point that the lenders rejected the claims. Therefore no breach could have occurred after that point.

2) There is nothing in the terms & conditions of the contract which requires my mother or permits Bank Smart to take rejected claims to the Financial Ombudsman Service and as such no contract term breached.

3) My mother did not instruct Bank Smart to file a claim with the Financial Ombudsman Service or request any forms in order to do so.

Therefore my mother is entitled to a refund of £658.20 that she was charged and paid.

In total my mother should rbe awarded £986.43 plus statutory interest in settlement of this complaint.

[GerryC2016]

Re: Bank Smart Symmetric Systems Ltd

Hi EXC thanks for Draft letter for the ombudsman I will get it sent to them ASAP, just quick few questions, could you return to me the original documents I sent you recorded delivery as I think that's the only copy I have of the Bank Smart contract unless it is within the documents we
requested with the Subject Access Request. I don't know if the full contract is there or just documents my mother signed so will that be ok to send? or does it have to be the full contract document which I think was sent to you.
Also will I explain a bit of background in the email I attach complaint to, sorry just unsure if I need to add anything to your draft letter thanks again for your help
Best regards
Gerry

[EXC]

Re: Bank Smart Symmetric Systems Ltd

Hi EXC thanks for Draft letter for the ombudsman I will get it sent to them ASAP, just quick few questions, could you return to me the original documents I sent you recorded delivery as I think that's the only copy I have of the Bank Smart contract unless it is within the documents we
requested with the Subject Access Request. I don't know if the full contract is there or just documents my mother signed so will that be ok to send? or does it have to be the full contract document which I think was sent to you.
Also will I explain a bit of background in the email I attach complaint to, sorry just unsure if I need to add anything to your draft letter thanks again for your help
Best regards
Gerry

Hi Gerry

I've e-mailed the contract terms & conditions and Bank Smart's complaint response to you in PDF format so that's all you need to submit the complaint online to the Legal Ombudsman.

You don't need to give any further background unless you want to. The commission overcharge is self explanatory and the 'breach of contract' issue is clearly evidenced (ie there is no term in the contract that has been breached) so it shoud be quite straight forward.

Good luck and let us know how you get on.