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Symetric Systems T/A Bank Smart

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  • #16
    Re: Symetric Systems T/A Bank Smart

    Yes I think I did - I seem to recall a neighbour using them at the same time and putting me onto them - I did receive a refund from that card, but this may have been as long ago as around 5 years ago and I base that only on the knowledge that the neighbour moved out in late 2010 - again, I will have to do some digging in this as the CC was with the same bank.

    I'm happy to cough up £155 if needs be, here is the defence I will initially file:

    1. Save where otherwise accepted within this Defence the Particulars of Claim are denied. In particular the Defendant denies entering into an effective and binding Agreement with the Claimant as alleged by the Particulars of Claim, or at all.

    2. The Defendant is not aware of owing any sum to the Claimant. the Claimant's very brief particulars give no breakdown of how the sum has been calculated or to what it refers.

    3. Paragraph 1 of the Particulars of Claim states 'particulars of which have been supplied to the defendant' - this is denied. No information, or indeed contact, has been received from the Claimant prior, or subsequently, to the Defendant's receipt of this claim.

    4. The Defendant denies having received any Claims Management Services from the Claimant as claimed. Therefore the Defendant also denies paragraphs 3.4 and 5 of the Particulars of Claim.

    5. The Claimant has not produced any documentation or evidence prior to bringing this claim therefore the Defendant has not had opportunity to inspect any alleged contracts or agreements if such exist.

    6. The Defendant denies the Claimant is entitled to the relief as claims, or at all.

    7. No information, or letter before action has been received from the Claimant prior to receiving the notice of claim.

    Comment


    • #17
      Re: Symetric Systems T/A Bank Smart

      Ah bugger, if it was the same bank that does make it more difficult - although you won't have given them this specific account - they have a signed letter of authority for them to deal with your bank on your behalf, so we might want to put in a little about having used the company 5 years hence etc, the account you engaged them for paid out and that was the end of the contract as far as you were concerned. Let's see what [MENTION=332]EXC[/MENTION] reckons in the morning before we file anything.
      #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


      • #18
        Re: Symetric Systems T/A Bank Smart

        Ok jolly good, thanks.

        Comment


        • #19
          Re: Symetric Systems T/A Bank Smart

          Originally posted by Amethyst View Post
          Ah bugger, if it was the same bank that does make it more difficult - although you won't have given them this specific account - they have a signed letter of authority for them to deal with your bank on your behalf, so we might want to put in a little about having used the company 5 years hence etc, the account you engaged them for paid out and that was the end of the contract as far as you were concerned. Let's see what @EXC reckons in the morning before we file anything.

          Yes Bank Smart's Letters of Authority apply to the ''Lender'' rather than any specific account - see Topcatslot's (redacted) LoA which applies to ''Lloyds'', although I don't know what ''SB'' means.

          Having said that the T&Cs (at least the current ones attached) state at para 1 that it's ''one Letter of Authority per claim''. So if dannyski had already had a refund through Bank Smart from the same bank he could argue that no letter of authority existed for the other refund but of course we're not sure that's the case.

          So given the uncertainty at this point it might be best for him not to add anything further to the defence as it is in post #16 and we can always dispute the potential LoA/T&Cs issue in the witness statement/skeleton if & when we're more clued up.
          Attached Files
          Last edited by Amethyst; 29th September 2015, 11:29:AM.

          Comment


          • #20
            Re: Symetric Systems T/A Bank Smart

            Ok, thanks for that advice - I will put in the defence today. Having looked at that image and PDF from Topcatslot's, I don't recall either of those forms but I guess we'll find out how good my memory is when/if BS start sending evidence.

            Thanks again and I will keep this thread updated.

            Comment


            • #21
              Re: Symetric Systems T/A Bank Smart

              Quick update on this since it has been a month. I filed the defence online and since then have not heard anything - is there a time limit on the next step?

              Comment


              • #22
                Re: Symetric Systems T/A Bank Smart

                You should really have received a directions questionnaire and a letter saying the defence has been served - if not then it might be an idea giving the court a call and double checking with them that all is well. The Claimant usually have 28 days to respond to the court to inform them if they wish to proceed or the claim becomes stayed.
                #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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                SHORTCUTS


                First Steps
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                Income/Expenditure
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                CCA Request
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                Subject Access Request Letter
                Example Defence
                Set Aside Application
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