Bank Smart

[Rachel E]

Hi,

I have today received notification from Bank Smart of their intention to start legal proceedings against myself & my husband.

I did initially sign up with them way back in 2010 with a successful claim for PPI against Black Horse. They have now sent me a 'list' of invoices raised plus money paid to them from 03/03/2010 up to 20/01/2019. There are, in total, 6 invoices raised with the total they claim is owed on them as £1,521.01.

They state that the amount I will have to pay if this goes to court is £3,800.97 but I can avoid this if I pay £1,711.42 within the next 10 days.

I did have a payment arrangement with them, but, after communication ceased, so did my payment to them. I have paid a total of 45 payments of £50 plus 4 payments of £100 - a grand total of £2,650. The initial invoice in 2010 was for £2,340.41 which, on their statement of account, they confirm this balance now stands at zero. They then include 5 further statements, 2 of which they claim are 'Breach of contract' charges. These are from 2015/2016. I do recall them claiming PPI on mine & my husbands Barclaycard but I don't know what the 2 Breach of Contracts amounts are for nor the commission charge for HSBC PPI

I know I informed them in 2016 that my husband had suffered a major stroke causing him to have to take ill health early retirement. I also explained my situation had changed due to working less hours after having breast cancer. In 2019, I too had to take ill health early retirement due to major surgery for bone cancer.

To be honest I don't need these threats of court action. I am suffering with my mental health & my husband has no understanding of what any of this means.

Can you advise on what I need to do? There is no way I can magically come up with £1,711 simply to make them go away

[EXC]

Hiya

I'm sorry to hear this.

Let's see if we can help but first, a few questions:

It would be helpful to know if you actually owe them for successful claims. Are any of the amounts they say are due for commission for successful PPI claims?

Do you have the statement of account which shows a zero balance?

Do you have the notification you gave them in 2016 about your circumstances?

Could you either post up the letter you had from them of their intention to start proceedings (redacting any personal info) or email it to me at nick@legalbeaglesgroup.com please?

[Rachel E]

Thanks for your reply, Nick. I will email information to you

Rachel

[EXC]

Thanks for your reply, Nick. I will email information to you

Rachel

Ok. One other thing, did the letter come with a Reply Form and a Financial Questionnaire? I don't need to see those if it did, I just want to establish if it's a formal letter of claim.

[Rachel E]

I have sent over the information via email

[EXC]

Got it and replied, thanks.

Most of the invoices, at least the big ones, are statute barred under the Limitations Act which says you can't issue proceedings more than 6 years after the cause of action. It's an absolute defence. They'll know that of course but are just hoping you don't.

The invoices total £1521 but does that account for the £2650 you have already paid them?

EDIT just sussed it out!

[Rachel E]

Thanks Nick,

So what is my next move? They're wanting the reply & income/expenditure forms sending back in 14 days. I don't agree to owing this amount & there is a section whereby you can request copies of written contracts for the debt

Rachel

[EXC]

So in terms of what you've paid so far they've accounted for that in their calculations.

Some of the invoices are dated late 2015 and are just on the verge of being statute barred so we need to string the process out as long as possible so don't respond until day 14 ie 5 October. The longer we can stall them from issuing proceedings the less they can conceivably claim.

In the reply form they should have sent you there should be a box for disputing the debt in full (possibly box D?) so tick that and where it asks why put ''I deny any liability''. We don't want to mention that we know that most of the invoices are stat barred at this point.

There should be a section where you can request documents, so we want:

Copies of all signed contractual agreements.
Copies of all signed Letters of Authority.
Copies of all communications from my lenders to yourselves.
A concise and detailed breakdown of the individual charges which make up each invoice.
Copies of all claims made to lenders on my behalf.
A detailed schedule of the statutory interest calculations that amount to the sum of £1724.55
A copy of your Vulnerable Persons policy.

That should keep them busy for a while. But don't send it until 5 October. You don't need to complete the income/expenditure form as it only applies if you are admitting to the debt.

[Rachel E]

Thanks, Nick.

[EXC]

No probs.

One other thing, do you have access to your online account? It would be helpful to see a screenshot of it if you could.

[Rachel E]

Hi Nick,

Yes, I have access. I've emailed over the screenshots

Rachel

[EXC]

Thanks, replied.

[Rachel E]

Hi Nick

I have received a response from Bank Smart today. Have emailed it to you.

Kindest regards,
Rachel

[EXC]

Hi Nick

I have received a response from Bank Smart today. Have emailed it to you.

Kindest regards,
Rachel

Ok! Well that's some progress at least. Did you send them what I suggested in post #8 ?

[Rachel E]

Yes I did send them what you stated