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  1. #26
    CleverClogs's Avatar

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

    The applicable terms would be those - if any - that were included with the claim pack. Anything they may have sent subsequently would have been too late to form part of the contract.

    I do not believe you owe them anything - neither in terms of money nor even in terms of respect.

    Complain about the oafs via the Ministry of Justice.

  2. #27
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    Default Re: bank-smart lose in court over t&c's

    Hello everyone, I have the same problem with the Bank Smart I got a letter from them given notice to me with one of my four claim is unsuccessful and I must to pay them 118.80 pounds so I think I begin another scam, this time on me. I have 14 days to pay please for help because I do not know what to do

  3. #28
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    Default Re: bank-smart lose in court over t&c's

    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
    Last edited by teaboy2; 12th October 2011 at 08:05:AM.
    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.

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  4. #29
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    Default Re: bank-smart lose in court over t&c's

    Quote 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
    I'm not sure they are required (by Wan...^W BankSmart) to hold a current Consumer Credit Licence. Just look at their Terms and Conditions - link; all that seems to concern them is whether the "affiliate" can be considered exempt under section 4 (1) of the Compensation Act 2006 (link). The BSers at BS seem to have the idea (gathered from heaven alone knows where) that someone who refers less than 25 claims per quarter would be an "exempt introducer", which is the term used in the MoJ guidance document - PDF link where it is actually rather more complicated than BS would have one believe.
    Last edited by CleverClogs; 12th October 2011 at 17:51:PM.

  5. #30
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    Default Re: bank-smart lose in court over t&c's

    i asked them to give me a breakdown of the service charges. and i didnt know they charge you every time they send you an email and every time someone logs on to your information file in their system

  6. #31
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    Default 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.

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  7. #32
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    Default Re: bank-smart lose in court over t&c's

    Quote 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

  8. #33
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    Default 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 ?
    “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

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  9. #34
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    Default Re: bank-smart lose in court over t&c's

    Quote 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??

  10. #35
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    Default 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?

  11. #36
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    Default Re: bank-smart lose in court over t&c's

    Quote 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 at 04:29:AM.

  12. #37
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    Default Re: bank-smart lose in court over t&c's

    Quote 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

  13. #38
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    Default Re: bank-smart lose in court over t&c's

    Quote Originally Posted by enaid View Post
    Quote 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.

  14. #39
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    Default 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.

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  15. #40
    CleverClogs's Avatar

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

    Quote 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.

  16. #41
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    Default Re: bank-smart lose in court over t&c's

    Quote 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.

  17. #42
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    Default 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

  18. #43
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    Default 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.

  19. #44
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    Default Re: bank-smart lose in court over t&c's

    Quote 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.

  20. #45
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    Default 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.

  21. #46
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    Default Re: bank-smart lose in court over t&c's

    please can any one explain the meaning of 99 (EX VAT) because the way i see it, it means 99 excluding VAT but aparently it can be written as 99 including VAT?

  22. #47
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    Default Re: bank-smart lose in court over t&c's

    Quote Originally Posted by Milliman View Post
    please can any one explain the meaning of 99 (EX VAT) because the way i see it, it means 99 excluding VAT but aparently it can be written as 99 including VAT?
    Is the company based in Ireland?

  23. #48
    TUTTSI's Avatar

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

    ex VAT normally means excluding VAT.

  24. #49
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    Default Re: bank-smart lose in court over t&c's

    Quote Originally Posted by TUTTSI View Post
    ex VAT normally means excluding VAT.
    Or "exclusive of VAT".

    The only time when it might mean otherwise is if a shonky tradesman asks for cash rather than a cheque.

  25. #50
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    Default Re: bank-smart lose in court over t&c's

    You are smart CC:tinysmile_aha_t:

    Quote Originally Posted by CleverClogs View Post
    Or "exclusive of VAT".

    The only time when it might mean otherwise is if a shonky tradesman asks for cash rather than a cheque.

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