Letter before action bank -smart

[Phil thomas]

Hi we have had another threatening letter from bank smart just 2 weeks after settling our last court appearance with them ,
they tried doing the cancellation and breach of contract on us but the just looked at the t&c and said we either had to write or email bank smart asking to cancel specifically and bank smart tried to use an angry email I sent them with lots of swearing in it but the judge decided to go our way , bank smart also tried to slip a new t&c through the courts and the judge and their solicitor had a copy but we were not sent one (sneaky) the last court was for £1200 and we had to pay £434 and £185 was cost which bank smart had already paid so I think with the cost of solicited for bank smart for 1day they must have made a loss ,
anyway with the following copy of our recent letter you will see that the same cancellation and breach thing is being carried through again using the email as the cancellation part but I suppose it’s up to the individual judge to what he perceives as cancellation the t&c 4.5 I think it’s states it can only be done by actually asking it to be cancelled in writing or email . Hope this is understandable anyways here follows the copy thanks . Oops can’t send the photo

[ostell]

Post the photo on an external hosting site, imgur for example, and link to it on here.

[Phil thomas]

Hi I’m sorry but I don’t understand how to do that I can email photos ?

[Phil thomas]

Amythst has a copy of the same dated 18 October 2018 which I sent by email ,

[Phil thomas]

I tried the imgur app and could not get my document sent , there must be an easier way it only a picture ?

[Phil thomas]

[Phil thomas]

Does anybody have any ideas on how to reply to this letter ,like I have mentioned before we have not cancelled any of these claims , we have refused to sign any further LOA letters from them as they change their t&c to suit them , I can’t understand why they are allowed to con people like this ?

[Phil thomas]

Do I need to ask bank smart for anything and try to sort this out before court papers come ?

[Phil thomas]

Does nobody answer on this anymore ?

[pt2537]

If they have already sued you what was the outcome of that case? If they lost then they cannot restart a new claim for the same debt, such claims would be an abuse of process and would be open to a strike out application.

[Phil thomas]

Thank you pt the case we just went through had 4 different claims in it the 2 claims which the judge ruled against were small but had 4 years of interest and because we lost those 2 we had to pay court fees £185 so bank smart got just £249 out of us from the £434 we paid so the other 2claims on that court case were for cancellation and breach of contract on which the judge went our way after reading the terms and conditions which specifically said claims had to be cancelled by email or letter stating that we are cancelling, bank smart tried to use a letter that I sent them with all the swearing in it (which you know about because you gave that reason why my case would fail in a email we discussed this case on in February) so that part of bank smarts claim was thrown out which saved us a lot of money , amethyst did all the hard work on the defence for that court claim and you told me it was not up to scratch and you would have to start the defence all over again and it would take you so many hours and it would cost us thousands do you remember ?, so we couldn’t afford you and used amethyst defence which was brilliant , she is amazing so my question is that the remaining claims which are separate from the above and there are 20-25 more cases because bank smart split the claims from ppi to multi claims using the same Loa S letters of authority to make way for lots of court claims against us and this is and was bank smarts intention from the start that’s why there are so many people going through hell with them , if they did their jobs right like most ppi firms do then it would be a simple no win no claim , this way bank smart can make thousands of £££ where they would only get 20 % from each claims the smart brothers are crooks and there is little protection from them , the courts go by facts and in our particular case there is so much confusion as to what claims are what when they have been split in to multi claims so confusion all the way , and our way out is using helpful sites like these to help us through it , or go through company’s like yours and spend as much if not more on defence than the case against us is worth , so I’m sticking with legalbeagles and amethyst and her gang , we can’t afford you pt

[Phil thomas]

So what should we do ? Ignore their letter and wait for court papers to arrive ?

[Phil thomas]

This discussion is not going very well it may be that I have not explained our position very clearly please tell me or ask for more information maybe I am in the wrong part of the forum?

[Phil thomas]

We will wait for court papers then

[Amethyst]

Morning Phil xxx

Just having a read back to see what's happening