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Thread: WON!!! Bank Smart breach of contract charges!

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    Default WON!!! Bank Smart breach of contract charges!

    Quote Originally Posted by Joncot2570 View Post
    I have exactly the same situation , originally contacted in 2013 , signed original search form, then signed nothing else, then received 3 breaches of contract totalling over £1000 this week
    You need to make a formal complaint to them and if rejected you can then go to the Legal Ombudsman.

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

    I have sent them emails asking for details,etc, they've replied saying they don't deal with abusive customers (in no way was I abusive) and would need to pay the full amount or wait to hear from the courts!!!!

    Wondered if you could give me any advice on where to go next, after initial contact from bank smart in April 2013 saying that I had ppi on a Barclays account that they could claim for me, I signed the form but did not put any bank details as these were unknown , I haven't heard anything from them until 25/08/2016 when I then received a log in for an account with the charges for breach of contract for 3 claims total £1032in charges, could you help with any advice

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    EXC's Avatar

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

    Quote Originally Posted by Joncot2570 View Post
    I have sent them emails asking for details,etc, they've replied saying they don't deal with abusive customers (in no way was I abusive) and would need to pay the full amount or wait to hear from the courts!!!!

    Wondered if you could give me any advice on where to go next, after initial contact from bank smart in April 2013 saying that I had ppi on a Barclays account that they could claim for me, I signed the form but did not put any bank details as these were unknown , I haven't heard anything from them until 25/08/2016 when I then received a log in for an account with the charges for breach of contract for 3 claims total £1032in charges, could you help with any advice
    I've got the docs you e-mailed, thanks.

    Could you send me the e-mails to & from them please?

    Did you ever get the invoices and did you move house since you signed up with them in 2013?

    I like your pin shot
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    Default Re: bank-smart lose in court over t&c's

    Did you have 3 loans with Barclays that you were reclaiming PPI on?
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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

    No, bank smart initially said that there was PPI that they could claim for on an old loan with Barclays, unsure as had no account number or detail on this

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

    Hi
    I haven't moved house, or received any invoices, just the email with log ins with the 3 breach of contract amounts

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

    Did you ever have three loans with Barclays ?

    Just trying to figure out why there are 3 breach of contract invoices. You only asked them to look into one Barclays Loan. And you still don't know if you had PPI on 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

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

    As far as I can remember only had 1 loan a long time ago, no sure if I had PPI on it , they said that I did and would be able claim it back for me even though I never gave them any account numbers as did not have, it was back in 2013 that they initially said they could claim for me

    - - - Updated - - -

    I've asked for as why I have 3 breaches of contracts but they're not giving me any detail

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    Default Bank Smart breach of contract charges!

    Wondered if you could give me any advice on where to go next, after initial contact from bank smart in April 2013 saying that I had ppi on a Barclays account that they could claim for me, I signed the form but did not put any bank details as these were unknown , I haven't heard anything from them until 25/08/2016 when I then received a log in for an account with the charges for breach of contract for 3 claims total £1032in charges, could you help with any advice

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    Default Re: Bank Smart breach of contract charges!

    @EXC ??
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    EXC's Avatar

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    Default Re: Bank Smart breach of contract charges!

    Ok Joncot, lets stick to this thread.

    When you said you e-mailed them asking for details and they replied saying you were abusive, do you have those e-mails?

    I like your pin shot
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    Default Re: Bank Smart breach of contract charges!

    Dear bank smart
    you've sent me by email the copy of my paperwork asking you to reclaim ppi for myself that you said was still claimable on my Barclays account in 2013, why have i been 3 charged for three breach of contracts? I haven't heard anything from you for over 3 years until an email with a login and password on 25/08/2016 with these charges attached for 3 claims? Could you please remove these charges as I am totally unaware of why I am in breach of contract, and could you please advise of my next step to get these charges removed.
    I originally only asked you to chase up ONE outstanding PPI amount that you had advised me that was still to claim
    Why have I got 3 claims?
    I look forward to your response

    Hi bank smart
    I have not been abusive to any of your staff
    I have just been worried / stressed why you have sent me such large amounts for breach of contract as I have not heard from you for over 3 years since saying that I had a ppi that you said I could claim for me, after not hearing anything I presumed that you could not process my PPI refund, I am only asking for your help in this matter as really unsure why I have 3 Barclays claims which I haven't got any detail on, I really need to speak to you to get more detail,
    Many thanks

    Dear Mr Cottrell,

    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.

    Regards,

    SS1001 | Senior Management Team
    Bank-Smart Head Office | www.bank-smart.co.uk

    I really can't wait to sort this out through the courts as you said, I need to rectify the situation but not sure why I have been charged 3 amounts for 3 breaches of contract, I only wanted you initially to look at one PPI claim that you said you had found, what is my best solution to get this resolved as I really can't afford this amount and still wondering why I have been charged this
    Many thanks
    J.Cottrell

  13. #13
    EXC's Avatar

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    Default Re: Bank Smart breach of contract charges!

    That's an astonishing e-mail from Bank Smart.

    I'm going to ask you a few questions and then I'll help you draft a formal complaint to them, which if rejected you can then take to the Legal Ombudsman.

    1) You said they originally told you that you had PPI on a Barlcays loan. Was this during a cold call or after you had contacted them?

    2) You signed the third party authorisation in 2013, did you sign any furher ones?

    3) Did you ever sign a seperate contract?

    4) Did you ever speak to them on the phone (just trying to understand why they said you were abusive) ?

    5) Are you sure you were never sent any any invoices?

    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


  14. #14
    Joncot2570's Avatar

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    Default Re: Bank Smart breach of contract charges!

    Quote Originally Posted by EXC View Post
    That's an astonishing e-mail from Bank Smart.

    I'm going to ask you a few questions and then I'll help you draft a formal complaint to them, which if rejected you can then take to the Legal Ombudsman.

    1) You said they originally told you that you had PPI on a Barlcays loan. Was this during a cold call or after you had contacted them?

    I can vaguely remember that it possibly was a letter and I signed the authorisation and they sent me a copy by email yesterday (I'll email you the copy now)

    2) You signed the third party authorisation in 2013, did you sign any furher ones?

    Nothing apart from this (with no bank/loan account details as unknown)

    3) Did you ever sign a seperate contract?

    No

    4) Did you ever speak to them on the phone (just trying to understand why they saud you were abusive) ?

    I've sent a few emails asking what this was for and only response was a copy of my signed form and the email

    5) Are you sure you were never sent any any invoices?
    Nothing in the post only the log in details to access an online account on Thursday which showed the breach of contract amounts, these were sent by an email on thurs 25/08/2016

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    EXC's Avatar

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    Default Re: Bank Smart breach of contract charges!

    Ok thanks.

    I'll draft a complaint and post it up in the morning. Don't worry, the chances of them taking you to court (and let alone winning) with this are quite remote. I have little doubt that the Legal Ombudsman will void the charges.

    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


  16. #16
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    Default Re: Bank Smart breach of contract charges!

    Your a star thank you

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    Default Re: Bank Smart breach of contract charges!

    Merged posts from other thread to this so can see whole case xxx
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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    Default 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.
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  19. #19
    EXC's Avatar

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    Default 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


  20. #20
    EXC's Avatar

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    Default Re: Bank Smart breach of contract charges!

    Draft below. Can you check it for accuracy?

    You should e-mail it to [email protected]

    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
    @Amethyst 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
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    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


  21. #21
    Joncot2570's Avatar

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    Default Re: Bank Smart breach of contract charges!

    That's fantastic thank you

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    Default 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


  23. #23
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    Default 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

  24. #24
    EXC's Avatar

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    Default 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


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    Default 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

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