Marston

[Milo2015]

Can someone advise please. My husband has received a baliff notice from Marston recovery regarding Symmetric Systems Limited/bank smart. He hasn't got a clue who bank smart is can anybody tell me who they are and what they do. Thank you

[echat11]

Hi MILOO2015

Welcome to LB

I think Bank Smart has something to do with claiming PPI.

Have you made any PPI claims?

If you've received PPI refund, this company claims they helped you get the refund and want their commission for helping you get the refund.

https://www.citizensadvice.org.uk/de...-at-your-door/

EXC can you please take a look?

[EXC]

Can someone advise please. My husband has received a baliff notice from Marston recovery regarding Symmetric Systems Limited/bank smart. He hasn't got a clue who bank smart is can anybody tell me who they are and what they do. Thank you

They are a rogue claims management company. Did you get any correspondence from them or the court prior to this?

[Milo2015]

Not at all. Absolutely nothing

[Milo2015]

He's never had claimed paid on anything. His ex wife has though

[Milo2015]

Sorry PPI not paid

[EXC]

How much are they asking for?

It will probably relate to a default judgment that Bank Smart obtained. Default judgments are granted by the court if the defendant fails to respond to a court claim, which it sounds like you didn't receive (they may have sent it to a previous address).

You need to ask Marstons/Bank Smart for a copy of the judgment, then you can apply to the court to set aside the judgment on the basis that you didn't receive the claim and then tell Marstons/Bank Smart to suspend enforcement action pending the application. The application costs £275 I'm afraid but if you eventually win the case you should get that back.

Here's some info Set Aside a County Court Judgment ( CCJ ) - LegalBeagles

[EXC]

.....you also need to ask Bank Smart for copies of any invoices that the judgment relates to legal@bank-smart.co.uk

[Milo2015]

We have had absolutely nothing at all telling us anything about this we know absolutely nothing. If bank smart are a ppi company he has never applied for ppi on anything. He has an excellent credit rating and always has. We check regularly and there has never been a ccj on there.thank you for you help I will look into all you've said.

[EXC]

It's possible that it relates to PPI claim commission on a joint account that your husband may have had with his ex wife. Whatever it is the chances are that your husband isn't liable and Bank Smart are trying it on. Also there are types of invoices that FCA banned Bank Smart from pursuing (such as for cancellation fees and breach of contract fees) see here Bank Smart IMPORTANT UPDATE - LegalBeagles Forum

[Milo2015]

Thank you so much. I'm going to contact them on his behalf. He has no longer got mental capacity to do it himself.

[echat11]

Thank you so much. I'm going to contact them on his behalf. He has no longer got mental capacity to do it himself.

It might be an idea to do it in writing.

If you can update the thread that would be good.

[EXC]

Thank you so much. I'm going to contact them on his behalf. He has no longer got mental capacity to do it himself.

Bank Smart (and probably Marstons) will ask you for proof of power of attorney or similar from you. Also you need to ask Bank Smart for the 'legal pack' which is basically all the documentation they relied on to make the court claim. As ECHAT11 said, keep us posted.