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bank-smart lose in court over t&c's

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  • #31
    Re: bank-smart lose in court over t&c's

    if its not in the terms and conditions stating they would then those charges are not enforceable.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

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    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

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    • #32
      Re: bank-smart lose in court over t&c's

      Originally posted by teaboy2 View Post
      When you say 1 of 4 claims being unsuccessful, what happened to the other 3 claims and were they handled by Bank Smart and is it one of those 3 claims they are charging you for, or is it for the unsuccessful claim they are trying to charge you for?

      Just been on their website, i wonder how many of their affiliates have consumer credit licenses? - Bank-Smart - Affiliate

      Hi teaboy and thanks 4 your ansfer ! The other 3 claims have Statements Requested status ,yes they trying to charge me for unsuccessful claim and I need to pay till tomorrow what do I do? pay them? when I do this then bank smart will have me account details , sorry 4 my weak english and thanks everyone 4 help

      Comment


      • #33
        Re: bank-smart lose in court over t&c's

        Bank Smart charge a fee of 99 minimum per claim - win or lose it seems. Lots of people have been getting the 118 odd bills recently - have a look on Bank-smart now charging me! - Page 3 - MoneySavingExpert.com Forums - do you have any copies of the T&C;s you signed when you set up claims with them ?
        Common Sense .... if in doubt, use it !

        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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        • #34
          Re: bank-smart lose in court over t&c's

          Originally posted by Amethyst View Post
          Bank Smart charge a fee of 99 minimum per claim - win or lose it seems. Lots of people have been getting the 118 odd bills recently -

          Would that be plus VAT??

          Comment


          • #35
            Re: bank-smart lose in court over t&c's

            Here's something else from the BSers at BS - link:
            Your bank or provider may charge you up to 11 for statements and agreements however if you do not have this available we will pay it for you when required and invoice you for the same amount.
            Since when was the maximum fee payable for a Subject Access Request (under section 7 of the Data Protection Act 1998) 11 rather than 10?

            Comment


            • #36
              Re: bank-smart lose in court over t&c's

              Originally posted by Amethyst View Post
              Bank Smart charge a fee of 99 minimum per claim - win or lose it seems. Lots of people have been getting the 118 odd bills recently - have a look on Bank-smart now charging me! - Page 3 - MoneySavingExpert.com Forums - do you have any copies of the T&C;s you signed when you set up claims with them ?
              I don't have copies of T&C but was written in T&C they will take 10% of successful claims . I read on the forum that someone asked Bank Smart to send
              copy of T&C and they sent him completely different T&C . I start to worry :/
              Last edited by Robert79; 13th October 2011, 04:29:AM.

              Comment


              • #37
                Re: bank-smart lose in court over t&c's

                Originally posted by CleverClogs View Post
                Here's something else from the BSers at BS - link:

                Since when was the maximum fee payable for a Subject Access Request (under section 7 of the Data Protection Act 1998) 11 rather than 10?
                10 SAR and 1 CCA


                ​​​​

                https://www.carersuk.org/

                Comment


                • #38
                  Re: bank-smart lose in court over t&c's

                  Originally posted by enaid View Post
                  Originally posted by CleverClogs View Post
                  Since when was the maximum fee payable for a Subject Access Request (under section 7 of the Data Protection Act 1998) 11 rather than 10?
                  10 SAR and 1 CCA
                  Which is plainly daft, as any applicable CCA would be have to be supplied under the SAR. Moreover, those charges apply for mugs using the bs BS "service" merely to reclaim bank charges or other monies where no consumer credit agreement ever existed.

                  Comment


                  • #39
                    Re: bank-smart lose in court over t&c's

                    Sounds more like a 10 fee for SAR and a 1 fee equal to 10% admin fee charged by bank Smart which gives a grand total of 11.
                    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                    The Governess; 6th March 2012 GRRRRRR

                    Comment


                    • #40
                      Re: bank-smart lose in court over t&c's

                      Originally posted by Robert79 View Post
                      I don't have copies of T&C but was written in T&C they will take 10% of successful claims . I read on the forum that someone asked Bank Smart to send
                      copy of T&C and they sent him completely different T&C . I start to worry
                      Their current Terms and Conditions has been reported as demanding 25%.

                      However, they cannot hike up their commission unilaterally after the contract has been agreed.

                      Comment


                      • #41
                        Re: bank-smart lose in court over t&c's

                        Originally posted by teaboy2 View Post
                        Sounds more like a 10 fee for SAR and a 1 fee equal to 10% admin fee charged by bank Smart which gives a grand total of 11.
                        Yes, I agree.

                        However, that is not what the stercus bovi at BS states:
                        Your bank or provider may charge you up to 11 for statements and agreements however if you do not have this available we will pay it for you when required and invoice you for the same amount.
                        To someone less forgiving than ourselves, that might suggest that BS were telling fibs rather than merely complying with a company ethos that may have a somewhat different approach to objective veracity.

                        Comment


                        • #42
                          Re: bank-smart lose in court over t&c's

                          to all those that want to speak to BS company straight this is the current number on the telephone 01872540752

                          Comment


                          • #43
                            Re: bank-smart lose in court over t&c's

                            I spoke to the MOJ today and aparently there is a very good chance that all those people who have had a dealing with BS might have to pay the money they invoice you.

                            Comment


                            • #44
                              Re: bank-smart lose in court over t&c's

                              Originally posted by Milliman View Post
                              I spoke to the MOJ today and aparently there is a very good chance that all those people who have had a dealing with BS might have to pay the money they invoice you.
                              So much for the Ministry of Injustice being able to "regulate" those buggers.

                              Write to your MP, telling him/her how little BS did, how long they took to do that if anything and how much they're now demanding for their services.

                              Then add how utterly useless the Ministry of Injustice has been. Suggest that the Ministry of Jokers should relinquish its regulatory role to the Office of Faffing and Twaddling, and that the Ministry of Jerksters should be significantly reduced in size to avoid the waste of taxpayers' money.

                              Comment


                              • #45
                                Re: bank-smart lose in court over t&c's

                                I would doubt my local MP would anything for me he is as usual as Gordon Brown. but thanks for the advise i will wait till they take me to court and prove them wrong. i have spoken to CAB and am waiting for them to get back to me.

                                Comment

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