BankSMART OMG!! I need help!! I dont know what to do!

[daryllewis]

Years and years and years ago (over 10 at least) I contacted bank-smart to reclaim the charges on my old Halifax account. I sent them all statements etc that they required to make the claim, after a couple of years of chasing them, i gave up and forgot all about them and never did see any money from them or Halifax for my bank charges...

Until today!

My ex wife had a knock on her door today from a company called Marstons High Court Enforcement, wanting £4500 for a court order in the name of Banksmart!!

WTF!!!!

I havent dealt with this company for over ten years! how have they managed to take me to court??? and for what?? Not reclaiming bank charges???

Since dealing with them, ive had 3 children, got divorced, changed my surname, met someone else, had another baby and have moved 5 times!!

I have no idea how to progress with this! i need help and i dont know where to turn, any help gladly appreciated. thankyou

[Amethyst]

Re: BankSMART OMG!! I need help!! I dont know what to do!

Hi there, Welcome to the forum, and don't panic !

You will need to get a form N245 to put the warrant on hold while you get this sorted - & you'll have to apply to set aside the default judgment ( form N244 )

Give the court a ring in the morning and find out what you can about the judgment. When the judgment was issued and the claim number. It should show on your credit file and on the Registry Trust - so have a look there as well - ( trustonline ) Use the address you used when you signed up with BankSmart originally. Also see if it is in your name, or if your ex-wife might have agreed to PPI or something with them in interveening years.

Did you have a PPI refund at all over the last 10 years ?

Ohhh it was for bank charges - blimey that's going back a bit. This COULD be one of bank-smart's dodgy claims for 'work done on the account' ... but we can sort that out later. First thing is to find out what you can and get Marstons off your case.
It should be statute barred but will depend a bit on the contract and what the amount is actually for.

[MENTION=26498]ploddertom[/MENTION]
[MENTION=332]EXC[/MENTION]

[Amethyst]

Re: BankSMART OMG!! I need help!! I dont know what to do!

As far as I recall BAnk-Smart isn't a legal entity, just a trading name - the actual company (and thus claimant) should be Symmetric Systems.
https://beta.companieshouse.gov.uk/company/03822846

[daryllewis]

Re: BankSMART OMG!! I need help!! I dont know what to do!

Yes it is in the name Symmetric Systems t/a Banksmart

Thankyou, I have downloaded both forms. I dont know which court to phone, as i have no idea which court they have used?

Should i just contact Marstons and ask them for the claim details etc?

I have never had a ppi claim only this bank charge claim, this is scary stuff!

[Amethyst]

Re: BankSMART OMG!! I need help!! I dont know what to do!

Okay it will be Northampton Bulk Centre.
County Court Business Centre (CCBC): 0300 123 1056 // 01604 619 400

does the paperwork the Bailiff left ( if any) have the claim number on ? If not you'll need to ask Northampton for that, and the date the judgment was issued.

[daryllewis]

Re: BankSMART OMG!! I need help!! I dont know what to do!

Thankyou, ill contact them in the morning and will update from there. ;-)

[Amethyst]

Re: BankSMART OMG!! I need help!! I dont know what to do!

Once you have the warrant of control suspended you'll need to make an application to set aside the judgment. To do that properly you will have to contact Bank_Smart and ask them for copies of the claim, invoices etc so you know what exactly you are defending. You can write to them but it might be quicker to call them - don't discuss the case at all though or be angry - you just need the information from them. Tell them you have applied to the court to suspend the warrant of control and will be applying to set aside the default judgment. If they refuse to send you any information then you will have to wait for the documents from the court - they should be able to email you a copy of the claim form ( I'm not sure if they will charge you for that - if they do it will be reclaimable in costs)

This is from http://www.dealingwithbailiffs.co.uk...ficer-HCEO.htm about suspending the warrant AND applying to set aside

2. Apply to set aside the writ.

If you dispute the debt or you didn't know about the proceedings, then you apply for a SET ASIDE, that stops enforcement and cancels the fees.

The application is made at the High Court district registry that issued the writ. The address can be found on the writ.

Enter your application into Part 3 of the form N244. This is an example.

The Defendant applies for:
a) The Writ of Control to be set aside
b) Costs
Because:-
The judgment was made in the Defendant's absence and without the Defendant's foreknowledge

If you face imminent enforcement action, then ask court staff for an available judge to hear your emergency application.

If you live a long way from the district registry hearing your application, ask for your travel costs at the "prescribed rate".

Some courts require you to make two separate applications, each on its own N244. There will be a court fee for each form. One for setting aside the writ and the other for setting aside the judgment. Check with the court whether separate forms are required.

Make three copies of the completed Form N244/N245, one for your records, one for the court and one for the High Court Enforcement Officer.

There is a fee about £50 for making the application but if you are unemployed or on a low income, complete a Form EX160a fee remission and you might be able to do it for free. Make sure your income is below the 'stated amount' given in the accompanying guidance notes, otherwise you can ask for your costs on the Form N244.

Take two copies of Form N244/N245 to a County Court that acts as a District Registry or the High Court. Do check if your local county court is a District Registry or ask where the District Registry is.

When you attend, say this is an urgent application and a Judge can then usually be found who will hear your application immediately.

If your application is successful then enforcement stops and all the fees HCEO are revoked.