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

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  1. #51
    Joncot2570's Avatar

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    Default Re: Bank Smart breach of contract charges!

    Just sent photos, can send better scan later when I get home

  2. #52
    EXC's Avatar

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    Default Re: Bank Smart breach of contract charges!

    No that's fine I can read it.

    So they're now saying that they successfully claimed a PPI refund for you that, going by the amount of commission they're charging you, would have been about £3k. I take it that you never got a PPI refund from anyone?

    Obviously they say they'll settle for the exact same amount as what they think you owe them for 3 'breach of contract' invoices lol.

    That it's a 'without prejudice letter before action' (there isn't such a thing) indicates that they haven't got a clue what they're doing so I wouldn't worry or respond, you've already told them you won't communicate with them until they deal with your complaint.

    Was the invoice summary (with the £1023.60 total) included with the letter?

    I like your pin shot
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  3. #53
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    Default Re: Bank Smart breach of contract charges!

    Can you open attachments

  4. #54
    EXC's Avatar

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    Default Re: Bank Smart breach of contract charges!

    Yes, see my post #52.

    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


  5. #55
    Joncot2570's Avatar

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    Default Re: Bank Smart breach of contract charges!

    There was no invoice summary included, only the 4 pages I sent you
    I've never received any PPI / default charges / refunds or anything from bank smart since when I asked them to claim for me in2013?
    I did have PPI for a few hundred pounds that I
    Claimed myself with a different lender (not Barclays)back in 2008 as I had paid the loan off early and reclaimed with them direct

  6. #56
    EXC's Avatar

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    Default Re: Bank Smart breach of contract charges!

    Ok, one of the 4 pages you sent was an 'invoice summary' which was a list of the 3 breach of contract invoices. So their contention in the letter that you owe them for a single PPI refund commission invoice doesn't make any sense.

    Let us know if & when you hear anything further from them.

    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


  7. #57
    Joncot2570's Avatar

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    Default Re: Bank Smart breach of contract charges!

    This is what I received this morning "The Ombudsman requests that we split the claim into the individual reference/account/card numbers."

    Shall I just leave now and wait for reply from complaint?

  8. #58
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    Default Re: Bank Smart breach of contract charges!

    "The Ombudsman requests that we split the claim into the individual reference/account/card numbers."
    That makes no sense whatsover, they're just trying to intimidate you with lies. Yes don't respond further until they've sent you a final response to the complaint. The rules are that they must send you an acknowledgement within 5 days that they have received the complaint and they have to give you a final response to the complaint within 8 weeks. At that point (or if they don't give you a final response in 8 weeks) you can take the complaint to the legal ombudsman.

    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


  9. #59
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    Default Re: Bank Smart breach of contract charges!

    That's great thank you so much

  10. #60
    EXC's Avatar

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    Default Re: Bank Smart breach of contract charges!

    You're welcome.

    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


  11. #61
    Cmesk's Avatar

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    Default Re: Bank Smart breach of contract charges!

    I've sent my formal complaint off to Bank-Smart, thanks for all your help after reading all the horror stories about this company I was really worried but it's nice to see and hear people can help with this sort of stuff!...............I've just contacted my Mortgage provider and it turns out Bank-Smart haven't even been in contact with them regarding any kind of claim!

    Please tell me I'm right in thinking if they haven't done this they have nothing to charge for?

    Once again thanks again for your advice

  12. #62
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    Default Re: Bank Smart breach of contract charges!

    Quote Originally Posted by Cmesk View Post
    Please tell me I'm right in thinking if they haven't done this they have nothing to charge for?
    Not necessarily. They may be claiming that they sent you a letter of authority to sign giving them your authorisation to approach your mortgage provider and you didn't return it.

    Bank Smart rely on clause 12 of their terms & conditions that they believe entitles them to charge for their costs in such circumstances:

    After engaging our services (by signing these Terms and Conditions and each individual Letter of Authority) you agree to cooperate with the claims process in its entirety and therefore failure to complete & return documents required for your claim may result in a breach of this agreement and we may seek to recover our reasonable costs if we are unable to complete our services as a result.
    https://www.bank-smart.co.uk/terms_and_conditions.pdf

    However you said in your first post that ''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''. So if you have that it might help.

    Did you sign a letter of authority with them? If so it should look like the one attached. What did yours say in the top box who your lender was?
    Attached Thumbnails Attached Thumbnails LOA2016.jpg  

    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


  13. #63
    Cmesk's Avatar

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    Default Re: Bank Smart breach of contract charges!

    Hi, it won't let me see any attached file but to be completely honest Ive not sent them anything else apart from the original contract, as far as I'm aware everything they have asked for have been dates & chargers for defaults?

    I'll await the outcome of the complaint and see where it goes from there

    Thanks again

  14. #64
    Cmesk's Avatar

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    Default Re: Bank Smart breach of contract charges!

    Bank Smart now have a phone number! 0800 733 4344

    They have just sent me an invoice

  15. #65
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    Default Re: Bank Smart breach of contract charges!

    Can you send it to me?

    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. #66
    Cmesk's Avatar

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    Default Re: Bank Smart breach of contract charges!

    The invoice? Or Number?

  17. #67
    Joncot2570's Avatar

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    Default Re: Bank Smart breach of contract charges!

    Received a letter in the post today confirming my complaint

  18. #68
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    Default Re: Bank Smart breach of contract charges!

    Good to hear.

  19. #69
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    Default Re: Bank Smart breach of contract charges!

    Quote Originally Posted by Joncot2570 View Post
    Received a letter in the post today confirming my complaint
    Good that's quite normal to acknowledge the complaint, we just have to wait for the final response.

    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. #70
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    Default Re: Bank Smart breach of contract charges!

    Quote Originally Posted by Cmesk View Post
    The invoice? Or Number?
    Thanks, got them.

    The invoices are apparently for 3 cancelled Northern Rock claims. They don't appear to be invoicing you for the claim they say was where the lender has confirmed their is no ppi to be claimed.

    A few questions:

    Were Northern Rock your mortgage provider?

    How many accounts (loan, mortgage or other) did you have with Northern Rock?

    Do you have your Bank Smart Letter(s) of Authority?

    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


  21. #71
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    Default Re: Bank Smart breach of contract charges!

    Quote Originally Posted by Cmesk View Post
    I'm sorry but I've looked high and low for the contract/letter of authority but I can't find it. Am I right in thinking I can make a Subject Access Request to get all the information exchanged between myself & bank smart also bank smart and northern rock?

    As far as the Loan is concerned I'm pretty sure it is a separate part to the mortgage because my statement says secured loan separate to the actual mortgage.
    I think an SAR would be a good idea. It will take up to 40 calendar days and cost a tenner but would be worth it.

    When you make the SAR I would say that you particularly want it to include copies of:

    • Your signed contract
    • Your signed letter(s) of authority
    • The actual invoices (not just the summary of them)
    • Details of how the charges are broken down
    • All communication between Bank Smart and Nortern Rock
    • All communication between Bank Smart and yourself

    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


  22. #72
    Cmesk's Avatar

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    Default Re: Bank Smart breach of contract charges!

    Ok, I'll get on with that today thanks!

  23. #73
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    Default Re: Bank Smart breach of contract charges!

    Make's sense, and then you can check your charge's. and what interest was added, also what PPI was added.

  24. #74
    Joncot2570's Avatar

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    Default Re: Bank Smart breach of contract charges!

    Received an update letter 4 weeks ago just saying that they're still looking into my complaint, but still no reply, it's been 8 weeks today since I sent the formal complaint by email

  25. #75
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    Default Re: Bank Smart breach of contract charges!

    Quote Originally Posted by Joncot2570 View Post
    Received an update letter 4 weeks ago just saying that they're still looking into my complaint, but still no reply, it's been 8 weeks today since I sent the formal complaint by email
    Ok that means you can now take your complaint to the Legal Ombudsman.

    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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