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  1. #51
    Milliman's Avatar

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

    Quote Originally Posted by CleverClogs View Post
    Is the company based in Ireland?
    No they are based in London England

  2. #52
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    Default Re: bank-smart lose in court over t&c's

    Hi
    Still do not know what to do did not pay them any money yet , I fear give them my account details ! they send to me reminder letters and wrote that - This is to notify you that to date we have not received payment for your outstanding invoice amount of £88 in respect of cost (NC) despite previous reminders .Payment must be received no later than 23/11/11 to avoid further action being taken . An independent debt collection agency may be instructed to formally pursue the debt from you at an initial further cost to you of between £10 and £75 depending on the amount of the debt and cost involved in referral to the third party unless the amount of £88 is paid by 23/11/11
    Where the total amount o your debt to us including previously unpaid invoices is over £100 failure to pay the invoice by this date may result in court action being taken against you incurring a further administration fee for legal preparation of up to £150 plus statutory interest on the full outstanding amount of your total debt with us at the rate of 8% as per our terms and conditions. We may also seek to recover all reasonable costs and fees including the court fee. if we do not receive payment of this amount within 7 days from the date of this notice we will take steps to recover the amount from you without further notifications.We will immediately proceed with passing your details onto our debt collection company for the said amount plus an initial collection fee of £50 to cover the cost of preparing your debt for referral. In event of court action being required - you will incur court costs, further charges as per our t/c,your details may be passed to major credit ref. agencies.They may make adjustments to your credit rating,which will affect your ability to raise credit in future.
    I have a question what will be better to do, pay them or wait for trial in court and try to explain in some way ? if I pay for my claims (bs will be have my account details ) and then can charge me for another future fee when they want without my permission ?
    I wanted to Mark my English is not the best and did not understand most of t/c before I signing a contract with them .bs lied me at the beginning saying it's no win no fee and this is easy and quick to do but unfortunately it is different ,

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    sorry for the spelling but I use the translator online . Thanks for any help

  3. #53
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    Default Re: bank-smart lose in court over t&c's

    Hi,

    Can someone help me please, Ia m having the most terrible issues iwth Bank Smart, they keep sending me invoices for claims that I told them not to proceed with. In fact they are sending me invocies for loan account claims that I have never even had!!!! I kee getting invoices with charges, demands for payments, They have referred my accoutns to MIL, who have now been fully paid off as they plundered my bank card account just before Christmas without any quthority from me. I have had nothing in writing from MIL to say that I have paid them over 178pounds they are bullying, rude and threatenng. Do they have the right to take money from my account. I am frightened that BS are going ot keep adding charges and I will get into debt , when I was never in this position before. I am sared and depressed and cant concentrate ar work. Tehy want over 485 pounds but I have already paid over 254 pounds to them no receipt no mails, just demands. To me it is like going to the supermarket paying at the check-out bu walking out with no goods"!!!! Are they really a true company, are they Crooks,. are MIL a part of their group. They are nameles, faceless, rude , Dickensiam This has been a nightmare. When I started with them the website said NO wIn no fee that is why I joined up, why would have signed for soemthing that was going to cost 99 pounds plus vat less commision whne any claim was going to be at least less thatn 50pounds. How do we get out of this???? PLEASE PLEASE PLEASE HELP ME SO THAT I CAN GET ON WITH MY LIFE!!!!! HAS ANYONE ELSE BEEN THROUGH THIS - HOW DOE WE FIGHT IT WHEN YOU CANNOT SPEAK TO ANYONE AT THE COMPANY OR HAVE EVIDENCE OF THE WORK THEY ACTUALLY CARRRIED OUT I SEE NOTHING IN WRITING THAT THEY HAVE TRULY FOLLOWED UP THE CASES PLEASE PLEASE PLEASE HELP HOW CAN I FIND OUT IF THEY ACTUALLY CONTACTED AND OF THE FINANCIAL INSTITUTIONS AND IN DEED IN SOME CASES I DIDNT 1 - GIVE THEM THE GO-AHEAD OR PROVIDE ANY DETAILS OF ACCOUNTS JUST NAMES OF THE ORGANISATIONS PLEASE HELP THIS HAS BEEN GOING ON SINCE 2010 WHEN I SAID I WANTED TO CANCEL BEFORE THE INVESTIGATIONS THEY SADI THEY WOULD CHARGE ME OVER 400 POUNDS I DONT GET THIS

  4. #54
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    Default Re: bank-smart lose in court over t&c's

    :tinysmile_hmm_t2: Hi how did you get on with this case , I am getting the same problems with Bank-Smart, they only seem to take action when you mail them. I am getting demand afte demand, legal action threats. I dont' know what I am paying for they passed my case to MIL, who plundered my Bank Card without authority, bullied me, threatened me I don't know what to do about them Do you know if they have been approached by any of the consumer watchdogs on TV? There seems to have been thousands of people affected by this PLEASE ANY ADVICE Gratefull accepted I am so depressed about this and feel I should just pay , to get them off my back, but why should I they must be laughing all the way to the bank literally taking peoples money !!!!! i have spoken to other institiutions who told me that there fees seemed ridculous!!!

  5. #55
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    Default Re: bank-smart lose in court over t&c's

    Quote Originally Posted by calvink2 View Post
    Hi,

    Can someone help me please, Ia m having the most terrible issues iwth Bank Smart, they keep sending me invoices for claims that I told them not to proceed with. In fact they are sending me invocies for loan account claims that I have never even had!!!! I kee getting invoices with charges, demands for payments, They have referred my accoutns to MIL, who have now been fully paid off as they plundered my bank card account just before Christmas without any quthority from me. I have had nothing in writing from MIL to say that I have paid them over 178pounds they are bullying, rude and threatenng. Do they have the right to take money from my account. I am frightened that BS are going ot keep adding charges and I will get into debt , when I was never in this position before. I am sared and depressed and cant concentrate ar work. Tehy want over 485 pounds but I have already paid over 254 pounds to them no receipt no mails, just demands. To me it is like going to the supermarket paying at the check-out bu walking out with no goods"!!!! Are they really a true company, are they Crooks,. are MIL a part of their group. They are nameles, faceless, rude , Dickensiam This has been a nightmare. When I started with them the website said NO wIn no fee that is why I joined up, why would have signed for soemthing that was going to cost 99 pounds plus vat less commision whne any claim was going to be at least less thatn 50pounds. How do we get out of this???? PLEASE PLEASE PLEASE HELP ME SO THAT I CAN GET ON WITH MY LIFE!!!!! HAS ANYONE ELSE BEEN THROUGH THIS - HOW DOE WE FIGHT IT WHEN YOU CANNOT SPEAK TO ANYONE AT THE COMPANY OR HAVE EVIDENCE OF THE WORK THEY ACTUALLY CARRRIED OUT I SEE NOTHING IN WRITING THAT THEY HAVE TRULY FOLLOWED UP THE CASES PLEASE PLEASE PLEASE HELP HOW CAN I FIND OUT IF THEY ACTUALLY CONTACTED AND OF THE FINANCIAL INSTITUTIONS AND IN DEED IN SOME CASES I DIDNT 1 - GIVE THEM THE GO-AHEAD OR PROVIDE ANY DETAILS OF ACCOUNTS JUST NAMES OF THE ORGANISATIONS PLEASE HELP THIS HAS BEEN GOING ON SINCE 2010 WHEN I SAID I WANTED TO CANCEL BEFORE THE INVESTIGATIONS THEY SADI THEY WOULD CHARGE ME OVER 400 POUNDS I DONT GET THIS
    Inform your bank that you did not authurise the transaction and you expect the money to be back in your account before the close of today.

    Make a formal complaint to BS detailing their offer was on a no win no fee basis and you had cancelled the agreement for them to represent you, and that some of the accounts they are charging you for were not even part of said agreement not actually your debts in the first place. Also inform them that you will report them to the OFT, trading standards, and to the police for breach of the protection fron harassment as a result of the continued speculative invoicing, for which they have not legal basis to invoice to you. Not only that you will report their representatives MIL for theft as a result of them taking money from your bank account without your authurisation for them to do so.

    P.s. Also please try to use paragrapths in your posts more, as it was difficult to read your post.

    Also send an email to Mr A Davis - [email protected] demanding they reimburse the money they took from your bank account that is not legally owed to Bank Smart due to the contract being a no win no fee agreement, were you bank smart had failed to win any case you had instructed them to act on your behalf. And not only that you did not give MIL authurisation to debit money from your bank account, as such their taking money from your account is theft, which is a criminal offense and will be reported to the police if the money is not fully refunded to your account within the next 48 hrs.
    Last edited by teaboy2; 11th January 2012 at 12:31:PM.
    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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  6. #56
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    Default Re: bank-smart lose in court over t&c's

    Im having terrible problems with this company as well - I dont know what way to turn - they have done absolutely nothing for me so far - I joined them because they said they could go back up to 25 years if necessary with PPI cliams on loans and mortgages which I knew for a fact I had on a loan and mortgage - so far nothing - they had also advised me that I could claim charges back on credit cards and I had loads which I entrusted this to them - nothing on that - sent me a letter saying that because they had not received some authorisation they sent me (which I sent back to them in one of their prepaid envelopes) but obviously went astray - they have now invoiced me for costs of £558 for admin down to cancellation - the letter arrived the day before the cut off date for me to have responded - which obviously made it impossible for me to respond to in time. I emailed them due to their no phone which I find irritating and dodgy. No response - I have a lot of emails to them complaining about their attitude and evasiveness - now down to my initial naievety when they cold called me to start with about a loan I had had in the past with Alliance and Leicester (which turned out to be non-existent)and my stupidity for not searching them to start with I seem to be lumbered with a scamming company who will probably try to bleed me dry . I have scanned forums and sent mail today to Ministry of Justice asking for help. Im so so worried - Im pretty useless at processing things like this by myself thats why I went with them as their portfolio seemed quite impressive when I received it - how wrong could I have been - I have been crying most of the day - I cannot believe I have been so stupid to have been sucked in by these vultures. I have to this date received no money or any acknowledgement of their success with anything only their failures and constant admin fees appearing at £60 + VAT - please help me I feel like topping myself.

  7. #57
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    Default Re: bank-smart lose in court over t&c's

    Hi Bernie Bear

    I would suggest you follow the same advice i gave in my last post here, and email a complaint to Mr A Davis as hes one of the directors of the company.

    Plus I believe administration fees are exempt from VAT, so they shouldn't be charging you VAT on admin fees. In fact according to their terms and conditions they shouldn't be charging you anything since they have not won any of the claims they were working on behalf for.
    Last edited by teaboy2; 15th January 2012 at 00:16: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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  8. #58
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    Default Re: bank-smart lose in court over t&c's

    Quote Originally Posted by berniebear View Post
    I feel like topping myself.
    Dream topping?


    Cream is much nicer!

  9. #59
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    Default Re: bank-smart lose in court over t&c's

    This is Bank Smarts CCA license that has not been granted yet.......its pending and has been since 2010 furthermore they do not hold the Category F that allows them to collect debts,.........which is what they are really doing when they try to reclaim money/charges etc for clients from their creditors IMO..
    Get other opinions......I could be wrong.

    Licence Details:


    Licence/Application Number


    Licence Status


    Applicant/Holder Name


    0641028
    Pending
    Symmetric Systems Ltd


    Event Details:


    Event Number


    Event Type


    Date of Receipt


    Closed Date


    Status


    1
    New Licence App
    10-Dec-2010

    Open


    Licence Event Details:

    Role
    Name
    Applicant
    Symmetric Systems Ltd
    Officer
    Benjamin Smart
    Officer
    Simon Smart



    Names:

    Name
    Bank-Smart


    Categories:

    Category
    Consumer credit

  10. #60
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    Default Re: bank-smart lose in court over t&c's

    I can confrim the above as it shows the same on the public register too. So in effect they are operating without a license and as such they are operating unlawfully. People should add that to the letters of complaints too, as that would no doubt shut them up. Oh they have never held a credit license either according to the public register as its not showing any previous licenses.
    Last edited by teaboy2; 15th January 2012 at 00:40: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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  11. #61
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    Default Re: bank-smart lose in court over t&c's

    Quote Originally Posted by teaboy2 View Post
    I can confrim the above as it shows the same on the public register too. So in effect they are operating without a license and as such they are operating unlawfully. People should add that to the letters of complaints too, as that would no doubt shut them up. Oh they have never held a credit license either according to the public register as its not showing any previous licenses.
    Here is the public register record of their application:

  12. #62
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    Default Re: bank-smart lose in court over t&c's

    Whilst here is a snapshot of their licence history:

  13. #63
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    Default Re: bank-smart lose in court over t&c's

    Well CC thanks above, everyone here now has physical evidence to back up the fact that Bank Farts are operating unlawfully and as such their demands are nothing but hot air. Though given their new name, i suspect that air won't have a pleasant smell to it lol.
    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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  14. #64
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    Default Re: bank-smart lose in court over t&c's

    Just to be thorough, I also looked at their status at the Ministry of Injustice.

    It may be interesting to note how many more trading names or styles are listed there, compared to the single trading name in the Consumer Credit Licence application.

  15. #65
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    Default Re: bank-smart lose in court over t&c's

    Quote Originally Posted by CleverClogs View Post
    Just to be thorough, I also looked at their status at the Ministry of Injustice.

    It may be interesting to note how many more trading names or styles are listed there, compared to the single trading name in the Consumer Credit Licence application.
    Very interesting, i think we should do some research into those company trading names and see what we can find out too, what do you think?
    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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  16. #66
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    Default Re: bank-smart lose in court over t&c's

    Quote Originally Posted by Sparkie1723 View Post
    Symmetric Systems Ltd
    Officer
    Benjamin Smart
    Officer
    Simon Smart
    So at least we now know how many Smarts that outfit has.

  17. #67
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    Default Re: bank-smart lose in court over t&c's

    Oh no - Bank Smart (terrible company) are applying for a Consumer Credit Licence? That means they are trying to get into the Debt Advice industry and rip-off even more vulnerable clients than they do already.
    I run a company that has had the mis-fortune to have used these cowboys to refer clients to - clients who were looking to reclaim PPI and check for unenforceability which is what BS brag that they specialise in.
    We too were duped by these robbing idiots and we had to work very hard not to lose many of our clients. We have paid many of Bank Smart's 'Invoices' on behalf of our worried clients due to their bullying collection tactics to recover fees that they seem to make up as they go along. Bank Smart complaints account for 100% of our customer complaints over the last 2 years (we stopped using them a year ago bt the complaints continue).
    I am building a portfolio of evidence of non-compliance, errors, unprofessionalism, shoody work, breaches of contract, seemingly 'dreamed up' charges - you name it we are recording it - in order to present to the MOJ and Trading Standards.
    However, this company can only be stopped if they are attacked from all angles - therefore I implore anyone that has the mis-fortune to have ever dealt with these crooks to either do the same and send to MOJ, TS (and also OFT by the looks of it) or send them to me and I will add to our portfolio.
    I'm not sure if complaining to MOJ or TS will change much tbh - therefore I shall be posting everywhere I can the message to other potential victims - IF YOU WANT TO BE RIPPED OFF, IF YOU WANT SHODDY SERVICE, IF YOU WANT TO USE A BUNCH OF SCUM TO DO YOUR PPI CLAIMS, USE BANKSMART. ABSOLUTE THIEVES.
    BTW - anyone being chased aggressively for outstanding invoices - many of our clients pay them 1 measly pound a month and they don't seem to be taking any further action such as CCJ or charging order... Although if you don't acknowledge you owe them anything I can understand you not wanting to give them zip

  18. #68
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    Default Re: bank-smart lose in court over t&c's

    Why the hell hasn't the MoJ pulled their fingers out of the lowermost orifice of their alimentary canals and closed this lot down? The only words I can find to describe Bank-Smart are shysters and cheats. If this lot are working in the field of litigation, their legal people need to be registered with the SRA, as required by the Legal Services Act 2007. This has some interesting benefits. It means you can make formal complaints against any legal professional working for shysters like Bank-Smart. As stated in another thread, the SRA are currently investigating RLP's two in-house solicitors. If Bank-Smart's legal bods are allowing Bank-Smart to rip people off, then that would appear to put them in breach of SRA rules and, therefore, liable to investigation and, ultimately, sanctions.

    The post which mentions threats on a daily basis and up to 150 emails a day is a clear case of Conduct Amounting to Harassment under Section 2, Protection from Harassment Act 1997 and should really be reported or, better still, Bank-Smart hit with an injunction under Section 3 of the Act. It follows that if you specify the CEO of a firm on an injunction, under Section 3, they, being vicariously liable for their underlings actions during the course of employment, in theory, the CEO will cop it if any underling fires off any further threats or emails.

    One interesting incident where the CEO of a Public Limited Company was threatened with an ASBO involved the CEO of South West Water Plc and Plymouth City Council. A sewage treatment works on the west side of the city was producing unacceptable levels of malodour that was blighting the lives of those living near it. Locally, the sewage treatment works, situated at a major road junction, is known as Poo(h) Corner - for more than one reason. The then leader of the council, incensed by the couldn't-care-less attitude of South West Water threated the CEO with an ASBO. South West Water claimed the council couldn't do that, but found, to their horror, that ASBOs CAN be slapped on the directors, etc., of commercial entities. South West Water sorted things out PDQ. Plymouth City Council won an unofficial award for "Most Imaginative Use of an ASBO".

    It should never be thought that something cannot be overcome. It can. All it needs is a bit of imagination, knowledge and good old-fashioned nerve. In the police force we had something called the Ways and Means Act. Doesn't exactly exist, but goes "If you can't get the b******s one way, you can always get them another way." This is how I feel Bank-Smart will come unstuck.

  19. #69
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    Default Re: bank-smart lose in court over t&c's

    Like Capone & tax evasion?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
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  20. #70
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    Default Re: bank-smart lose in court over t&c's

    Quote Originally Posted by Amethyst View Post
    Posted on MSE today - regarding wwww.bank-smart.co.uk

    Its these people


    seangenius
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    I disagree completely, and contest that this is a geniue posting. In my opinon the company symmetric systems t/a bank-smart are [removed opinion]. They tried to take me to court for disputing their cancellation fee after I cancelled their service

    They lost their argument against me after their claim was dismissed by the judge because their terms where ambigous and badly written and there was no case to justify their fee.

    They claim to do work for 10 % on a no win no fee basis this is set out in their terms of engagement letter but their terms and conditions where clearly different. It clearly stated if you claim falls within a certain value they will see a minimum fee of £150+VAT. When I refused to pay they added £50.00 for a debt collection fee (which wasnt included in their claim) and when it was going to court add on £150 for a processing fee. The court case reference was 8QZ17000 and was held in Croydon County court on 16th March 09.

    I would strongly advise that you avoid this company and do it yourself. I intend to obtain the judge's decision in writing and post on here for all to see.

    Also it is important to note that on their website they claim to be dealing with £100,000,000 of claims. [edit: statement removed as incorrect] due to being a small company they are exempt and has an acid ratio of .83 also they have no phone no in which you contact them.

    [edit removed personal opinion]

    I don't suppose you have a copy of their terms of engagement letter or point me in the direction as to where i may find one. My wife and i both signed up with these people on a no win no fee basis, but are now getting bombarded with invoices by them.

  21. #71
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    Default Re: bank-smart lose in court over t&c's

    First time I think I have seen this thread. Dont tell me another CMC is ripping people off and the MOJ are just allowing this. I cannot believe how gullable we as a nation are to allow a government body to regulate these people, earn money out of them ( oh yes they get fees for authorising and a percentage of their income) and then authorise them to rip off the public.

    Do they have a data controller I wonder, has anyone checked?

    Cards Down do you have the actual link to this MSE thread please?

    Cards Down, the T& C were posted on this thread on 11th October 2009.
    Last edited by TUTTSI; 11th April 2012 at 09:06:AM.

  22. #72
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    Default Re: bank-smart lose in court over t&c's

    Hi Tuttsi,

    That particular post was from March 2009

    http://forums.moneysavingexpert.com/...ksmart&page=31

    Post #618
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

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    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  23. #73
    cards down's Avatar

    VIP Member



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

    Hi Tuttsi, I only just realised that this wasn't a post by LB's Amethyst, but by seangenious from MSE. I have just found the link to the thread, the posts near the end

    Anyone had experience of a company/solicitor doing the work of reclaiming? (merged) - Page 31 - MoneySavingExpert.com Forums

    Di3004..................Now where have i seen that face before? :tinysmile_hmm_t2:

    I'll keep digging

  24. #74
    TUTTSI's Avatar

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

    Quote Originally Posted by charitynjw View Post
    Hi Tuttsi,

    That particular post was from March 2009

    http://forums.moneysavingexpert.com/...ksmart&page=31

    Post #618
    Sorry just saw Nov not the year lol, have amended my post.

    Thanks for the link.

  25. #75
    Sparkle1966's Avatar

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

    Hi Everyone,

    I've just joined as I saw all the Bank Smart comments. How I wish I had seen it before signing up. I have reported Bank Smart to the Ministry of Justice and spoken at length with the Claims Management Regulators who have been extremely helpful. Bank Smart have picked a fight with me......big mistake!!!!

    One piece of advice, terminate the agreement due to non performance within a reasonable time, as opposed to cancel therefore no cancellation fee.

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