Bank-Smart/MIL Collections

[Philypuss]

Hi

After reading all the posts on your forum regarding these two companies we have a very similar situation. And wondered what your thoughts are and what our next steps may be.

In 2007 we were approached by Bank Smart (BS) saying they could claim PPI on my behalf, as far as we can remember we had no further dealings with them. Until 2016 when they contacted us again saying they could claim PPI for my wife. Therefore we signed all relevant documents they sent. After numerous requests for further information and LOAs we decided not to pursue with the claim and asked them to stop. We then received an email saying that we would have to pay costs for the work that they had done at a cost of approximately £500 within 14 days, we asked them to continue with our claims as we were unaware that there would be costs.

After receiving further requests for information and LOA’s which we did not return, they sent us a letter stating we were in breech of contract.
We then asked them for copies of all signed documents/agreements that they had, when we received these documents we realised that two of the LOA’s which we were apparently in breech for, our signatures had just been copied and pasted.

We told them that we thought this was a fraudulent act and we would not be paying anything. They replied saying we should report this to the fraud agency, so we have and it’s an ongoing investigation.

Now we have MIL Collections saying they are working on behalf of BS and we need to pay them £929.70, although BS is saying we owe them £1009.70. MIL Collections have not stopped harassing my wife with calls and email, we have advised MIL that this is with the Fraud team but they are insisting that we need to pay all or at least some of the £929.70, and are continuing to call.

We would welcome your view.

Many thanks

[charitynjw]

Re: Bank-Smart/MIL Collections

Hi

It would seem from what you say that, in this instance, MIL are merely acting as 3rd party debt collectors.
If so, they have no actual legal standing in relation to the alleged debt.

However, MIL are also a debt purchase company (notably in the parking charge industry).

If they are referring to 'their client', it will be the former case.
If it is the latter, then you should have been served a Notice of Assignment which informs you that MIL now own the rights to the benefit (payment) of the alleged debt.

[EXC]

Re: Bank-Smart/MIL Collections

Hi

It would seem from what you say that, in this instance, MIL are merely acting as 3rd party debt collectors.
If so, they have no actual legal standing in relation to the alleged debt.

However, MIL are also a debt purchase company (notably in the parking charge industry).

If they are referring to 'their client', it will be the former case.
If it is the latter, then you should have been served a Notice of Assignment which informs you that MIL now own the rights to the benefit (payment) of the alleged debt.

Here's an example of an MIL/Bank Smart letter which doesn't make their status very clear (unless it does to you) but in my experience Bank Smart keep their 'debts' in-house and just use MIL or Penham Excel to chase them.

[EXC]

Re: Bank-Smart/MIL Collections

Hi

After reading all the posts on your forum regarding these two companies we have a very similar situation. And wondered what your thoughts are and what our next steps may be.

In 2007 we were approached by Bank Smart (BS) saying they could claim PPI on my behalf, as far as we can remember we had no further dealings with them. Until 2016 when they contacted us again saying they could claim PPI for my wife. Therefore we signed all relevant documents they sent. After numerous requests for further information and LOAs we decided not to pursue with the claim and asked them to stop. We then received an email saying that we would have to pay costs for the work that they had done at a cost of approximately £500 within 14 days, we asked them to continue with our claims as we were unaware that there would be costs.

After receiving further requests for information and LOA’s which we did not return, they sent us a letter stating we were in breech of contract.
We then asked them for copies of all signed documents/agreements that they had, when we received these documents we realised that two of the LOA’s which we were apparently in breech for, our signatures had just been copied and pasted.

We told them that we thought this was a fraudulent act and we would not be paying anything. They replied saying we should report this to the fraud agency, so we have and it’s an ongoing investigation.

Now we have MIL Collections saying they are working on behalf of BS and we need to pay them £929.70, although BS is saying we owe them £1009.70. MIL Collections have not stopped harassing my wife with calls and email, we have advised MIL that this is with the Fraud team but they are insisting that we need to pay all or at least some of the £929.70, and are continuing to call.

We would welcome your view.

Many thanks

Hiya

I think that in the first instance, if you've not already done so, you need to make a formal complaint to Bank Smart about the calls you're receiving from MIL and telling them not to communicate with you by phone, as I assume that is your immediate priority. If you'd like some help drafting it let me know.

If you've been reading the Bank Smart threads you'll probably know that they've been under investigation by CMR (Claims Management Regulator) since last January and we've been supplying them case studies to assist them. This also can have the effect of Bank Smart discontinuing their demands. I've sent you a private message on how to contact them.

In the meantime can you send me the LOAs that you believe you didn't sign to nick@legalbeaglesgroup.com

[Philypuss]

Re: Bank-Smart/MIL Collections

Hi all, and thanks for responding so quickly.

EXC, we would really appreciate your help with drafting a letter to BS, and i have sent the LOA's you asked for, and CHARITYNJW as you say they are acting on behalf of BS, which is strange as they are asking for less than BS.

[charitynjw]

Re: Bank-Smart/MIL Collections

[MENTION=332]EXC[/MENTION]......

[EXC]

Re: Bank-Smart/MIL Collections

We then asked them for copies of all signed documents/agreements that they had, when we received these documents we realised that two of the LOA’s which we were apparently in breech for, our signatures had just been copied and pasted.

Blimey you're right on the signatures. Also I've seen quite a few Bank Smart LOAs in my time but I've never seen any where the fields for the account and account holder details have been typed, they're usually all hand written.

I've e-mailed you about contacting the Claims Management Regulator.

Here's a draft for the complaint which I would send by both e-mail and registered post to:

Bank-Smart Service Quality Team
First Floor, Building A
Green Court
Truro Business Park
TR4 9LF

complaints@bank-smart.co.uk

Dear Sirs

Formal Complaint

Sent by e-mail & registered mail.

This is a formal complaint.

As you will be aware the maximum timescales set by the Claims Management Regulator as provided for in the Complaints Handling Rules 2015 for dealing with complaints are that a complaint should be acknowledged within 5 business days and that a final response should be provided within 8 weeks.

However due to the serious and time-sensitive nature of this complaint we fully expect you acknowledge and resolve our complaint and confirm that you have done so by no later than Friday 12 January.

Complaint

Our complaint concerns the harassment by telephone and email by MIL Collections whom you have apparently appointed in respect of monies which you claim (and for the avoidance of doubt we dispute) that we owe you for ‘breach of contract’.

The constant and unrelenting telephone calls and emails from MIL Collections are both entirely unnecessary and distressing, particularly for my wife. We formally request, as is our right, that any communication from Bank Smart, MIL Collections or any company acting on Bank Smart’s behalf be conducted in writing only.

In resolution of this complaint we expect you to confirm, in writing, that you agree to and have actioned the above by Friday 12 January.

Separately, on the broader issue of your demands for approximately £1000 for ‘breach of contract’ and the apparent fraudulent Letters of Authority you have provided to us in support of your demands (and to which we have already referred you to in previous correspondence) we are now in contact with the investigating officer at the Claims Management Regulator. Additionally we intend to make a formal complaint about these issues in due course.

Yours


Mr & Mrs Philypuss

[EXC]

Re: Bank-Smart/MIL Collections

[MENTION=104166]Philypuss[/MENTION] could you send me the LOA that you think the signatures on the first two were lifted from and another one if you have it please?

[Philypuss]

Re: Bank-Smart/MIL Collections

Hi EXC,
thanks for all your help so far, and my god don't you sleep looking at the time of your responses. We don't have the original LOA they must of taken it from the first one we sent, but i will send you the other one we have and the contract.

[EXC]

Hi Philypuss

Thanks for sending their response.

Thay've obviously not addressed the forged signature issue but have offered to drop the breech of contract invoices if you continue with one claim. The thing is that particular claim is one of the ones that is subject to the apparent forged signaure on the LoA.

You can either accept their offer or take your complaint to the Legal Ombudsman. I think you have a good argument that becuase of the unresolved signature issue, there has been an irretrievable loss in trust & confidence which makes continuing to deal with them impossible.

[Philypuss]

Hi EXC

We feel that this company should not be allowed to get away with treating so many people so badly, and we'd love to get them shut down but I don't think that's going to happen, so we would like to go to the Ombudsman and see if we can put another nail in their coffin.

[EXC]

Hi EXC

We feel that this company should not be allowed to get away with treating so many people so badly, and we'd love to get them shut down but I don't think that's going to happen, so we would like to go to the Ombudsman and see if we can put another nail in their coffin.

Ok!

Would you like me to draft an accompanying letter (to go with your complaint) for the Ombudsman?

Also did you hear back from the Claims Management Regulator at all?

[Philypuss]

Hi EXC
WE would be very grateful for your help with a draft letter, and no we have not heard from the CMR.

[EXC]

Draft below.

Obviously you need to attach the original letter of complaint with any supporting documents you sent with it and Bank Smart's final response with the docs. I'm going to e-mail you a PDF with a side by side of the fraudulent LoAs so it's clear that they have been copied.


[QUOTE]

Dear Legal Ombudsman

We would like to register our complaint with Symmetric Systems Ltd T/A Bank Smart.

Please find attached original letter of complaint, supporting documents and final response.

For clarity the issues raised in our complaint are:

1) We have been charged various amounts for 'breach of contract' without being informed as to what contractual terms have meant to have been breached, how they have been breached and how the sums have been attributed, calculated and costed. In any event, any contractual term that permits Bank Smart to charge any amount it chooses for not being supplied information it says it wants is, in our view, an unfair term.

2) Harassment by telephone and email by MIL Collections for the payment of the 'breach of contract' invoices.

3) That at least 2 of the Letters of Authority which Bank Smart claim that we signed (and which form claim contracts that they contend that we have breached) are fraudulent in that our signatures have been transposed from another that we did sign.


The issues we have with Bank Smart's final response to our complaint are:

1) No attempt has been made to justify the 'breach of contract' invoices.

2) The harassment has not been acknowledged or addressed.

3) The response to the fraudulent Letters of Authority is, although poorly articulated, in any event wholly inadequate.

4) Although the resolution offer is again poorly articulated and difficult to understand, because of the breakdown in trust & confidence we have in the company we do not wish to continue any relationship with them.

In resolution of this complaint we would expect you to ask Bank Smart to cancel the 'breach of contract' invoices, issue an aplogy and make an appropriate payment of compensation to us for the unnecessary stress & trouble thay have caused and that you report your findings of Bank Smart's conduct to the Claims Management Regulator.

Yours

Mr & Mrs ...

[Philypuss]

HI EXC

Thanks for all your help so far and we will let you know how we get on.