Letter before action bank -smart

[Amethyst]

Okay. The Judge ruled that you hadn't cancelled ( with the sweary email ) and that's why they deemed you weren't liable for the cancellation charges.

I think for now say to them these claims have not been cancelled and request an update on the current status of each case.

At the same time send a SAR yourself to each of the lenders asking for any comms between themselves and any third party relating to your accounts. I suspect the PPI claims are dead anyway as you didnt have PPI - so once you get confirmation of that from the lenders you can inform banksmart those cases are concluded ( as opposed to cancelled - therefore they cannot charge you under their terms )

It will mean more bloody paperwork and potentially resigning letters of authority for the default charge cases ( although you never asked them to undertake default charges so we can ask them about that first )

its not ideal but it should get rid of the 'invoices' and court threat while the FCA sort out investigating the twats- while we're writing stuff we should put a complaint together for the FCA to add to their investigation file - EXC what do you reckon ?

[Phil thomas]

Hi , welcome back hope you had a nice holiday ,we have a letter coming back from creation on the subject access thingy this will hopefully show where the £130 and £230 payments from them to us went to ,we are hoping it went to b/S which would mean they took us to court on money they already had if not at least we can recoup the cost on the last court fees as that debt doesn’t exist I . I still haven’t got this forum thing right I keep posting but I think I’m posting myself haha because no replies come ?

[Amethyst]

It looks fine, I think it's just quiet at the moment....

seems likely that the £130 and £230 payments went towards paying off the account. The SAR should be interesting though with regards that pesky CCJ and charging order they obtained .... and the letter stating they were writing that debt off ..... should mean you can then ask them to remove the charging order. The CCJ has already fallen off your file so that's not an issue anymore but you could do with having the CO removed. ANd of course if those refunds went to paying off the debt, that is written off according to that letter to BS, then those refunds should come to you instead.

[Amethyst]

Actually, paperwork says it did go to paying off the debt, the £130 at least - will go through see what else there is.

[Amethyst]

This the main one



This says you paid £1698.... we know what happened there, bloody scammers @ Land of Leather...



And this says they'll accept that £1698 in settlement ( nice of them ) becuase you were only a coupe days late. It also says there was an overpayment of £240 ( guessing thats the £230 ) so it wasn't a refund of charges or ppi or anything, it was an overpayment where you'd made a couple payments after the cock up with the run over loan dates. So where did that go, and did BS ever accept that offer, and thus have the £1700 written off ( and the charging order expunged) or did they simply ignore the letter do nothing and charge you commission.

SAR will be interesting anyway.

For now you could have a look on Land Registry and see if that charge is still against the house, then you know if you need to have an argument to have it removed.

[Phil thomas]

Great work amethyst I will get on to it ,and let you have the subject access request for creation , I just seen your first post at 8.07 and yes to all that a lot of work todo but great ideas , we are still dubious about signing more LOA S because they will sign us up to the latest T&C , the judge said that in court because they tried to push new ones through in the last court with the judge and b/S solicitor, but it was not sent to us ? , not that we understand them in the first place

[Phil thomas]

Amethyst I have sent the creation SAR that I recieved to your email as it had content that was personal if I put it on legalbeagles ok

[Amethyst]

Cool thanks I'll take a look xx

[Amethyst]

That does show they made the relevant adjustments indicated in their letter to Bank Smart - the refund of the PPI element ( that had been paid ) to the account and then the write off of the £1700 odd due to the slightly late payment. So no they don't owe yu any money, however if the charge is still showing on your house you now want to be asking Creation to remove it - they were the original claimants with Drydens acting I believe? so they are the charge holders and no longer have an interest in the charge. We can get on with doing that now regardless of the bank smart crap.

Was that everything they sent under the SAR? Nothing relating to their communications about your account with bank smart ? If not, as it looks like they've decided you're after PPI , we should go back and say AHEM we want everything you hold about us, not just a couple selected bits to do with PPI.

[Phil thomas]

Ok amethyst thanks , so we need to contact creation to get the charge removed , and ask for all correspondence between them and bank smart , if the creation account has now been dealt with by the courts and creation don’t owe us any money is there a reason to be chasing more information from them or have I just asked a silly question