Bank Smart taking me to court…. Again!

[Dina_Ruby]

This damn company! I signed up with them close to 20 yrs ago. I have been asking them to close my account for the past 10 years. 4 years ago I got a CCJ for £2000 which I paid. Now theyre trying to take me to court for a further £3,500. I now live in the US and its really stressing me out. Any advice welcome. Tia x

[ULA]

When you signed up to them were you living in the UK?

[Dina_Ruby]

Yes I was

[EXC]

This damn company! I signed up with them close to 20 yrs ago. According to them they have reclaimed £6000 over the years. I honestly can’t dispute that because I have been asking them to close my account for the past 10 years. 4 years ago I got a CCJ for £2000 which I paid. Now they’re trying to take me to court for a further £3,500. I now live in the US and it’s really stressing me out. Any advice welcome. Tia x

Obviously it's difficult to advise with so little information but what stage are you at? Have they actually issued proceedings or just threatening to?

[Dina_Ruby]

This is what I received

[Dina_Ruby]

I got this in December 2021…. I thought it meant I was free of them…?

[EXC]

Well first of all the claim has been issued so you MUST reply to it immediately otherwise you'll get a default judgment. You normally have 14 days to respond from the point the claim was deemed to have been served, so by about today or tomorrow. Follow the instructions on claim so you can do it online.

DO IT TODAY.

You should be asked if you want to enter a defence so indicate yes. Where it asks what your defence is say 'The Defendant denies the claim in full. The Claimant's POC does not provide any details as to the cause of action.'

They were banned by FCA from pursuing any cancellation or breach of contract invoices but the claim is for ''commission following successful claims management services''

So it could be time barred if the commission became due more than 6 years ago. Obviously I don't know what your full story is.

[Dina_Ruby]

I went onto the money claim website and it says a bar has been put on it. I already sent an acknowledgement form and denied all charges…. Not sure what to do next

[EXC]

Good that you acknowledged the claim. Did you enter a defence when you acknowledged the claim?

[Huxie]

EXC attachments to posts #5 and #8 show claim number and personal details.

[Dina_Ruby]

Yes I said that I was denying the entire claim

[EXC]

Denying the claim is different from filing your defence.

Normally you have 28 days from when you acknowledged the claim to enter a defence but if the bar prevents you from doing so you need to keep checking the status of the claim. A bar can be put in place for any number of reasons.

In the meantime if you don't know what the claim is about I would send Bank Smart a CPR 31.14 request for all documents related to the claim as it will help you if & when it comes to drafting a defence. CPR 31.14 Request for inspection of documents - LegalBeagles

[Dina_Ruby]

Thank you. I just sent them the cpr letter. There is still a bar on the claim.

[EXC]

Ok let us know if/when they respond.

Have you read this? Bank Smart IMPORTANT UPDATE - LegalBeagles Forum

[Dina_Ruby]

The claim is for ‘commission following successful claims management services’. They said they recovered a total of £6000 over the years. They’ve blocked me accessing my online account so I can’t know for sure. It is possible. But the fact that I’ve repeatedly asked them to close my account for years now, and that they already received a judgment in their favor for £2000, how can they now request a further £3,500?.