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WON!!! Bank Smart breach of contract charges!

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  • #16
    Re: Bank Smart breach of contract charges!

    Your a star thank you

    Comment


    • #17
      Re: Bank Smart breach of contract charges!

      Merged posts from other thread to this so can see whole case xxx
      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.

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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      • #18
        Re: Bank Smart breach of contract charges!

        You had 3 Barclays claims all for the return of default charges.
        That is just a blatant lie.

        As is

        You have been abusive towards our staff
        as far as I can see.

        Intimidatory, pure and simple.
        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.

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #19
          Re: Bank Smart breach of contract charges!

          It could be that they've got him mixed up with someone else, although that's no excuse of course.

          I like your pin shot
          I keep it with your letter
          Done up in blueprint blue
          It sure looks good on you
          And when you smile for the camera
          I know I'll love you better

          Then the shutter falls
          You see it all in 3-D
          It's your favorite foreign movie

          'Peg'

          Donald Jay Fagen

          Comment


          • #20
            Re: Bank Smart breach of contract charges!

            Draft below. Can you check it for accuracy?

            You should e-mail it to complaints@bank-smart.co.uk

            I would also send a hard copy by registered mail to:

            Bank-Smart Service Quality
            First Floor, Building A
            Green Court
            Truro Business Park
            TR4 9LF

            Formal Complaint

            Your ref: 55763

            By e-mail and registered mail.

            Dear Sirs

            I wish to make a formal complaint which I expect you to respond to in accordance with your complaints procedures and those required of claims management companies by the Claims Management Regulator.

            My complaint comprises of 4 distinct and numerated elements for which I require you to investigate and respond to individually. For the avoidance of doubt I deny any liability to Bank Smart or Symmetric Systems Limited.

            Background

            In April 2013 I signed a Third Party Authorisation and Agreement with Symmetric Systems Limited T/A Bank Smart after being informed by you that I had PPI on a Barclays loan account I held that may be reclaimable.

            Since then I had heard nothing from you in connection with this or any other matter whatsoever until 24 August 2016 when I received an e-mail advising me to log into my 'account' on your system which on doing so stated that my account had been ''locked'', apparently due to 3 ''overdue invoices outstanding'' totalling 1032.60.

            On 27 August I e-mailed you politely and genuinely querying the invoices.

            Later on 27 August I received a response from the 'Senior Management Team' informing me that:
            ''You have been abusive towards our staff and there is on a note on your account to reject communication from you. Please either pay the invoices or wait for the court to contact you direct. You had 3 Barclays claims all for the return of default charges. We will not communicate with abusive clients unless through a solicitor.''

            Despite me sending you 2 further e-mails on the same date requesting further information I did not receive a response.

            Complaint Grounds

            1 - 'Invoices'

            I have never received any of the invoices referred to on the account on your system, although this isn't surprising given that according to my account the invoices are actually only dated the 22 August 2016. Additionally I have never been made aware of the existance of the ''3 Barclays claims'' you referred to in your e-mail of 27 August. This is despite the Conduct of Authorised Persons rules requiring you to ''keep the client informed of the progress of the claim''. As far as I am aware I only held one account with Barclays.

            2 - 'Breach Of Contract'

            The 3 alleged outstanding invoices listed on my locked account on your system are described as for ''breach of contract''. There is no reference as to what terms of any alledged contract I may have 'breached' or how the invoice amounts levied for the 'breaches' were calculated or apportioned . In any event I have never signed a contract.

            As referred to above I signed a Third Party Authorisation and Agreement with you on 13 April 2013. The document specifies that:
            ''I/we have read, understood and agree to be bound by Bank-Smart terms and conditions in respect of all claims registered by me/us. I/we are aware I/we may also obtain a copy by post, email or online whichever I/we prefer and understand that these will be provided without delay''.

            I have never signed or been provided with a contract. The Conduct of Authorised Persons rules expressly specify that ''A contract between a business and a client must be signed by the client and the business may not take any payment from the client until the contract is signed''.

            3 - Refusal To Communicate

            Your e-mail of 27 August, in response to my request for information, refusing to communicate with me is entirely unreasonable and contrary to Principle 1 (a) of the Cleint Specific Rules of the Conduct of Authorised Persons Rules which require you to ''Act fairly and reasonably in dealings with all clients''.

            The accusation in the e-mail that ''You have been abusive towards our staff'' is a blatent lie.

            4 - Intimidation

            As outlined in my polite and genuine response to your e-mail of 27 August, your intimidatory and bullying conduct have caused me a great deal of worry and stress for which I expect you to compensate me for.

            Please be aware that should you not uphold all 4 grounds of my complaint and offer me an appropriate amount in compensation I fully intend to take my complaint to the Legal Ombudsman.

            Yours
            [MENTION=6]Amethyst[/MENTION] on complaint ground 2 I'm assuming we can't use the durable medium provision of contract argument as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations don't apply to contracts concluded before 13 June 2014? Mind you we're arguing that the contract was never concluded lol so I don't know where we stand.

            I like your pin shot
            I keep it with your letter
            Done up in blueprint blue
            It sure looks good on you
            And when you smile for the camera
            I know I'll love you better

            Then the shutter falls
            You see it all in 3-D
            It's your favorite foreign movie

            'Peg'

            Donald Jay Fagen

            Comment


            • #21
              Re: Bank Smart breach of contract charges!

              That's fantastic thank you

              Comment


              • #22
                Re: Bank Smart breach of contract charges!

                Let us know how you get on.

                I like your pin shot
                I keep it with your letter
                Done up in blueprint blue
                It sure looks good on you
                And when you smile for the camera
                I know I'll love you better

                Then the shutter falls
                You see it all in 3-D
                It's your favorite foreign movie

                'Peg'

                Donald Jay Fagen

                Comment


                • #23
                  Re: Bank Smart breach of contract charges!

                  Just emailed as advised and printed out ready to send recorded when post office opens on tues, thank you so much for your help and support

                  Comment


                  • #24
                    Re: Bank Smart breach of contract charges!

                    No probs.

                    I like your pin shot
                    I keep it with your letter
                    Done up in blueprint blue
                    It sure looks good on you
                    And when you smile for the camera
                    I know I'll love you better

                    Then the shutter falls
                    You see it all in 3-D
                    It's your favorite foreign movie

                    'Peg'

                    Donald Jay Fagen

                    Comment


                    • #25
                      Re: Bank Smart breach of contract charges!

                      Hi, sorry for the long winded post but these people are seriously getting under my skin!.............. I've also been dealing with Bank Smart and have had a similar email to joncot2570, basically saying I have been abusive and no further contact will be made within 8 weeks from the complaints team (probably the same guy) or/& the legal team!

                      My form was signed in April and they sent me various letters asking for things I thought were either irrelevant or they should of been doing to justify their charge at the end of the claim. The last letter I received was to say they looked into my mortgage account and found I had ppi to claim but no bank charges, again they asked for more digging & searching for me to do so I cancelled all claims. The next email was the 'please log in and settle you account of 237.10!
                      Three seperate invoices, two for 63 which are for the bank charge claims which are irrelevant because nothing could be claimed for and 113.10 for the ppi.

                      I've since email them asking for a contact number so I can speak in person but they refuse to give me one although they insist on me giving mine so they can contact me. After lots and lots of emails of me asking various questions about why my account has been put into OVERDUE status when it was only 20 days old (invoice settlement is 30 days), on the invoice it also says my claim was created on 26/7/16 and cancelled 5/8/16 which is within the 14 day cool off period.

                      In a nutshell they have stopped all contact with me and passed my invoice onto the legal team, they haven't answered my questions in full or gave me explanations as to why this has happened? I understand I would of had to pay cancellation fees for things they have (or probably haven't carried out) but they won't answer what I'm asking for now I'm worried that I will further costs either from them or from the court???

                      Any Help Would Be More Than Appreciated

                      Thanks

                      Comment


                      • #26
                        Re: Bank Smart breach of contract charges!

                        Originally posted by Cmesk View Post
                        Hi, sorry for the long winded post but these people are seriously getting under my skin!.............. I've also been dealing with Bank Smart and have had a similar email to joncot2570, basically saying I have been abusive and no further contact will be made within 8 weeks from the complaints team (probably the same guy) or/& the legal team!

                        My form was signed in April and they sent me various letters asking for things I thought were either irrelevant or they should of been doing to justify their charge at the end of the claim. The last letter I received was to say they looked into my mortgage account and found I had ppi to claim but no bank charges, again they asked for more digging & searching for me to do so I cancelled all claims. The next email was the 'please log in and settle you account of 237.10!
                        Three seperate invoices, two for 63 which are for the bank charge claims which are irrelevant because nothing could be claimed for and 113.10 for the ppi.

                        I've since email them asking for a contact number so I can speak in person but they refuse to give me one although they insist on me giving mine so they can contact me. After lots and lots of emails of me asking various questions about why my account has been put into OVERDUE status when it was only 20 days old (invoice settlement is 30 days), on the invoice it also says my claim was created on 26/7/16 and cancelled 5/8/16 which is within the 14 day cool off period.

                        In a nutshell they have stopped all contact with me and passed my invoice onto the legal team, they haven't answered my questions in full or gave me explanations as to why this has happened? I understand I would of had to pay cancellation fees for things they have (or probably haven't carried out) but they won't answer what I'm asking for now I'm worried that I will further costs either from them or from the court???

                        Any Help Would Be More Than Appreciated

                        Thanks
                        Hiya

                        Have you made a formal complaint yet?

                        I like your pin shot
                        I keep it with your letter
                        Done up in blueprint blue
                        It sure looks good on you
                        And when you smile for the camera
                        I know I'll love you better

                        Then the shutter falls
                        You see it all in 3-D
                        It's your favorite foreign movie

                        'Peg'

                        Donald Jay Fagen

                        Comment


                        • #27
                          Re: Bank Smart breach of contract charges!

                          Hello, thankyou for getting in touch,
                          I have made a complaint to the Legal Omdudsman about the company and have been sent an email to the actual complaints department of Bank Smart but this was purely just to try and get back in contact with them to try and resolved?!

                          - - - Updated - - -

                          This is what I sent to the complaints department;

                          Good Morning,

                          I understand my account has been passed over to this department (possibly the same department as I've already been dealing with). My original contact was made regarding charges on my account, I've queried these charges & basically had no answers to my questions & been told just 'pay up'. I've now been refused all contact & my invoices sent to the legal team. My invoices are still within the 30 day pay period but have already been put in the OVERDUE status days ago?

                          As I've said in all my other previous emails I'd like this matter sorting ASAP but not in the case of basically paying I'd like answers to all my questions & requests.

                          Thanks

                          Comment


                          • #28
                            Re: Bank Smart breach of contract charges!

                            Originally posted by Cmesk View Post
                            Hello, thankyou for getting in touch,
                            I have made a complaint to the Legal Omdudsman about the company and have been sent an email to the actual complaints department of Bank Smart but this was purely just to try and get back in contact with them to try and resolved?!

                            - - - Updated - - -

                            This is what I sent to the complaints department;

                            Good Morning,

                            I understand my account has been passed over to this department (possibly the same department as I've already been dealing with). My original contact was made regarding charges on my account, I've queried these charges & basically had no answers to my questions & been told just 'pay up'. I've now been refused all contact & my invoices sent to the legal team. My invoices are still within the 30 day pay period but have already been put in the OVERDUE status days ago?

                            As I've said in all my other previous emails I'd like this matter sorting ASAP but not in the case of basically paying I'd like answers to all my questions & requests.

                            Thanks
                            So just to be clear, you sent this to Bank Smart on the advice of the Legal Ombudsman?

                            I think you should make a formal complaint (about the invoices themselves and the lack of communication) so you can take it to the Legal Ombudsman if rejected so they can resolve it.

                            I like your pin shot
                            I keep it with your letter
                            Done up in blueprint blue
                            It sure looks good on you
                            And when you smile for the camera
                            I know I'll love you better

                            Then the shutter falls
                            You see it all in 3-D
                            It's your favorite foreign movie

                            'Peg'

                            Donald Jay Fagen

                            Comment


                            • #29
                              Re: Bank Smart breach of contract charges!

                              Hi,

                              No I haven't heard back from the legal ombudsman yet I just emailed Bank Smart complaints team after reading some of your posts on here. Thank you I will send a complaint about the invoices to Bank Smart also.

                              Comment


                              • #30
                                Re: Bank Smart breach of contract charges!

                                Make sure that you cleary identify it as a 'formal complaint' so it gets treated like one.

                                I like your pin shot
                                I keep it with your letter
                                Done up in blueprint blue
                                It sure looks good on you
                                And when you smile for the camera
                                I know I'll love you better

                                Then the shutter falls
                                You see it all in 3-D
                                It's your favorite foreign movie

                                'Peg'

                                Donald Jay Fagen

                                Comment

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