Another Bank Smart letter for ccj

[Sarah Smith]

Hi, like others I have received a CCJ from the Northampton County Court Business Centre for a payment and a photocopied letter from Bank Smart advising that I need to pay within 14 days to avoid bailiffs turning up at my door! . It is addressed to my late husband who passed away 14 years ago. Bank Smart have NOT made any kind of payment but are asking for £512.45 for what I dont know.

I have seen posts from people also being scammed by them. Can someone help with some legal advise, please?
and does anyone know if the FCA can help with this?

It is annoying to see scammers like them are and have taken away our hard-earned money from innocent people

[ULA]

tag EXC

[EXC]

Hi, like others I have received a CCJ from the Northampton County Court Business Centre for a payment and a photocopied letter from Bank Smart advising that I need to pay within 14 days to avoid bailiffs turning up at my door! . It is addressed to my late husband who passed away 14 years ago. Bank Smart have NOT made any kind of payment but are asking for £512.45 for what I dont know.

I have seen posts from people also being scammed by them. Can someone help with some legal advise, please?
and does anyone know if the FCA can help with this?

It is annoying to see scammers like them are and have taken away our hard-earned money from innocent people

Hiya

We'd need to see the CCJ and the letter. You could email it to me at nick@legalbeaglesgroup.com

[EXC]

does anyone know if the FCA can help with this?

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No. Bank Smart are no longer authorised by FCA and as such are not within their regulatory jurisdiction.

[Sarah Smith]

Hiya

We'd need to see the CCJ and the letter. You could email it to me at nick@legalbeaglesgroup.com

Hi Nick,

Have sent you an email

[EXC]

Hi Nick,

Have sent you an email

Thanks.

I'm posting these up (having redacted personal information) for the benefit of others.

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[EXC]

They've been extremely quick in obtaining a default judgment!

The claim and judgment are in (and only in) your late husband's name, so you have no liability.

Your immediate concern will be to prevent Bank Smart from attempting to enforce the judgment and causing you hassle so I would email them them with something like the following. You just need to fill in the blanks. If you don't have their email address use support@bank-smart.co.uk AND legal@bank-smart.co.uk

Dear Sirs

Your ref: BC01/1001/66002

I refer to the County Court Judgment you have obtained (in error) against my late husband, Mr ***.

For your information my husband passed away 14 years ago. Please see copy of death certificate attached.

In the first instance I require, by return, an assurance from you that you will not, under any circumstances, attempt to enforce the judgment.

Once you have done so please provide me with your proposals as to what steps you intend to take to formally reverse the judgment. As you should be aware, regardless of the merits or otherwise of the claim, it should never have been filed given that the 6 year Limitation Act would necessarily have applied.

Yours
***

Tagging atticus R0b Celestine to ask if there's anything else we need to consider like credit files etc?

[Sarah Smith]

Hi Nick,

Thank you so much for your help. I can't understand why the courts are so willing to oblige and surely they should look into the facts like you have before sending out the claims and judgments.

I will email them now. Thanks again.

[EXC]

Hi Nick,

Thank you so much for your help. I can't understand why the courts are so willing to oblige and surely they should look into the facts like you have before sending out the claims and judgments.

I will email them now. Thanks again.

A default judgment is an entirely automated process once the claimant applies for one if the claim is not responded to. The merits or otherwise of the claim are not considered by the courts. It's a lousy system but there it is.

[R0b]

Hmmm bit of an anomaly this one as I've not seen this happen before, and it overlaps with wills and probate. If the letter has not yet been sent I would hold off on it for a day or so because I believe there are some legal considerations.

1. If the husband is now deceased, the claim should have been against the estate, not your husband personally.

2. From my very limited memory of wills and probate, the executor would normally issue a statutory notice which is a public notice e.g. newspaper, the gazette etc. informing all creditors that the individual is deceased and that the estate is going to be distributed so they need to lodge a claim. There is usually a very short period to lodge a claim something like a few months and it avoids personal liability for the executor of the estate.

3. Even if a statutory notice wasn't published, the question is whether the estate of the husband has already been distributed. Given the 14 year period I would assume the estate was distributed some time ago following the death.

With that said, I would be inclined to re-word the letter, to include somewhere that (i) the judgment obtained in default was wrongfully obtained because they failed to issue the claim against the estate of the husband, (ii) whether a statutory notice was published at the time and if so, if they failed to lodge a claim then they are well out of time and (iii) whatever the case, the estate has already been distributed many years ago and there are now no assets left.

I would probably add something like that it is the intention to make an application to set aside the default judgment for the above reasons and will seek a costs order against Bank Smart. However, you are willing not to take that approach if Bank Smart agree to close this matter and confirm they will not take any enforcement action on this judgment.

[Sarah Smith]

Hi, I have sent the email. Lets see if they are as quick to respond as they were to send the judgment.

[EXC]

Hmmm bit of an anomaly this one as I've not seen this happen before, and it overlaps with wills and probate. If the letter has not yet been sent I would hold off on it for a day or so because I believe there are some legal considerations.

1. If the husband is now deceased, the claim should have been against the estate, not your husband personally.

2. From my very limited memory of wills and probate, the executor would normally issue a statutory notice which is a public notice e.g. newspaper, the gazette etc. informing all creditors that the individual is deceased and that the estate is going to be distributed so they need to lodge a claim. There is usually a very short period to lodge a claim something like a few months and it avoids personal liability for the executor of the estate.

3. Even if a statutory notice wasn't published, the question is whether the estate of the husband has already been distributed. Given the 14 year period I would assume the estate was distributed some time ago following the death.

With that said, I would be inclined to re-word the letter, to include somewhere that (i) the judgment obtained in default was wrongfully obtained because they failed to issue the claim against the estate of the husband, (ii) whether a statutory notice was published at the time and if so, if they failed to lodge a claim then they are well out of time and (iii) whatever the case, the estate has already been distributed many years ago and there are now no assets left.

I would probably add something like that it is the intention to make an application to set aside the default judgment for the above reasons and will seek a costs order against Bank Smart. However, you are willing not to take that approach if Bank Smart agree to close this matter and confirm they will not take any enforcement action on this judgment.

Yes I had considered that the claim should have been filed against the estate. They had an FOS ruling against them in a similar case so should know that. My immediate concern was to suspend any enforcement action and then argue why it is their responsibility get the judgment set aside.

[R0b]

Yes I had considered that the claim should have been filed against the estate. They had an FOS ruling against them in a similar case so should know that. My immediate concern was to suspend any enforcement action and then argue why it is their responsibility get the judgment set aside.

Your original proposed letter is fine and nothing wrong with it, I just don't have any experience of Bank Smart as much as you do so I would prefer to set my stall out in full so that the person reading the letter knows the sender has an idea of what they are talking about, rather than try to give them some wiggle room to plead ignorance and try their chance with someone who they think may not be aware of the rules or the law.

As it's been sent already we will have to see what steps Bank Smart do next.

[Celestine]

Who do we need to make aware that this abuse of the court system is underway by BankSmart? These court claims need to stop. FCA? MOJ? HMCTS?

[EXC]

Who do we need to make aware that this abuse of the court system is underway by BankSmart? These court claims need to stop. FCA? MOJ? HMCTS?

Well as you might have guessed I've asked that question to FCA but they refuse to engage.