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Bank Smart Charges (no agreement with them)

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  • Bank Smart Charges (no agreement with them)

    Hi There,

    I am hoping someone can help?

    Some time ago my parents received a very official looking letter making claims that a financial body was awarding them money for PPI paid on a very old credit agreement, the letter claimed that a refund would be forthcoming. Nothing followed for some time then another letter came stating an amount and that the cheque would be sent soon. All the numbers seemed right but as it stated info would be sent my parents didn't reply.

    Nothing appeared.

    Bank Smart then sent an "invoice" for a few hundred pounds. They sent a chaser letter so my parents emailed Bank Smart and sent them a letter saying they have not agreed for them to work on their behalf and have never received any "settlement" to be billed on.

    MSI Collections have now started to chase this "debt"

    We're wracking our brains but are sure nothing has been signed, I have read into Bank Smart a little and have seen that they pick up "third party" agreements and my parents did look into trying to claim back the PPI on this agreement a long time ago to be told it was too long ago (not with Bank Smart), again we're sure that nothing was signed for any claims management company to do work on their behalf though. As mentioned above we did contact Bank Smart to ask for evidence of an agreement and to let them know a mistake had been made as they'd never received a PPI refund from anyone.

    i want to start an official complaints process so this can be sent onto the MOJ etc if there is no resolution.

    Is it advisable to write/email a complaint stating there is no agreement and saying we've asked for one before and you haven't sent any evidence so stop contacting us or provide signed t's and c's to prove we are liable for the "invoiced" amount. Or is it best to just state there is no agreement and ask for confirmation this wont be chased?

    These guys seem pretty hardcore and appear to be relying on people just coughing up!

    Thanks in advance.
    D6

  • #2
    Re: Bank Smart Charges (no agreement with them)

    Write to them putting them to 'strict proof' to provide evidence, by way of a signed contract, your Mother or Father have with them.
    Inform them that no money will be sent by your parents until such proof has been established.
    Give them 10 days to reply.
    Send the letter by recorded and signed for post (costs under £2.00)
    Keep a copy of the letter, and keep the post office receipt.
    “The only man who sticks closer to you in adversity more than a friend, is a creditor.”

    Comment


    • #3
      Re: Bank Smart Charges (no agreement with them)

      Thanks for the quick reply and advice, I'll send the letter and get the ball rolling.

      Comment


      • #4
        Re: Bank Smart Charges (no agreement with them)

        For a Bank to deal with banksmart surely they must have a signed agreement from the account holder with their signature that matches the one the Bank has on record

        Comment


        • #5
          Re: Bank Smart Charges (no agreement with them)

          If you are sure your parents didn't sign a contract with Bank Smart they cannot enforce any charges against them.

          This isn't just basic contract law but a specific regulatory requirement for claims management companies.

          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.
          See sec 11 attached.

          Do you have the original letter BS sent your parents and the subsequent invoice?
          Attached Files

          Comment


          • #6
            Re: Bank Smart Charges (no agreement with them)

            Thank you, they have a copy of one of the letters and are sure there is a copy of the original somewhere that they are now trying to dig out and I'm hoping once I've sent them the letter they'll have proof of an agreement and we can resolve things from there (ie get the money owed or find out what exactly they are charging for) or they'll admit no proof and leave them alone.

            Comment


            • #7
              Re: Bank Smart Charges (no agreement with them)

              We'd like to see the letters if you can post them up when you have them or e-mail them to us.

              We have a working relationship with the MOJ so we can put you in touch with the compliance officer for BS.

              Comment


              • #8
                Re: Bank Smart Charges (no agreement with them)

                Have you got any further dealing with this D6571 ?
                #staysafestayhome

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

                Received a Court Claim? Read >>>>> First Steps

                Comment

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