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

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  1. #76
    Joncot2570's Avatar

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    Default Re: Bank Smart breach of contract charges!

    Shall I send the original complaint letter and all letters , emails I have received in a time line order

    - - - Updated - - -

    Is this the correct page http://www.legalombudsman.org.uk/contact-us/

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    http://www.legalombudsman.org.uk/?po...ment-companies

  2. #77
    EXC's Avatar

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    Default Re: Bank Smart breach of contract charges!

    This one http://www.legalombudsman.org.uk/cmc/

    Shall I send the original complaint letter and all letters , emails I have received in a time line order
    Yes I would but before you do I'd give them a call to check exactly what they want (0300 555 0333) they're very helpful.

    Lets us know how you get on.

    I like your pin shot
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  3. #78
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    Default Re: Bank Smart breach of contract charges!

    Congratulations to Joncot2570.

    Complaint upheld and all charges waived!

    For ref this was the complaint:

    Formal Complaint

    Your ref: xxx

    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
    Attached Thumbnails Attached Thumbnails BS1.jpg   BC2.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


  4. #79
    EXC's Avatar

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

    Bank Smart are now being formally investigated by the Claims Management Regulator. Thanks for your help guys.

    https://www.claimsregulation.gov.uk/details.aspx/4036

    Symmetric Systems Ltd is being investigated by the Claims Management Regulator under Regulation 35 of the Compensation (Claims Management Services) Regulations 2006.

    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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