Debt Collection Agency Chasing Old Bank Smart "Invoices"

[MM8071]

In 2006/2007 (I can'r exactly remember when now) I engaged Bank Smart to reclaim bank charges on my behalf.

I sent them my lists of charges that I had obtained from several banks, and they did nothing with them. I chased a few times and got no response, and then all claims were put on hold whilst the court case re the validity of bank charges was in progress. After the case was decided and it was deemed that the charges were fair Bank Smart invoiced me for cancelling my claims!

I disputed them via a couple of letters and eventually they referred my "debt" to MIL collections. I again disputed and said that I would not be paying as I had not cancelled and heard nothing more. (This was in approx 2007/8).

Today I have returned to work and have an email from another collection agency dated 25/098/2018 stating I have 14 days to pay up / respond before they issue court proceedings.

I thought that this had been put to bed 10 years ago, and now like a bad smell they are back. Is there anything that I can do to put this to an end once and for all?

Thanks

Craig

Email body below:

Wilson Rose has been instructed by Bank-Smart to seek payment in respect of an invoice(s) due to them numbered 4840,4841,25423 in the sum of £1379.27.

Our approachable team has been specifically chosen by Bank-Smart to assist both you and them reach an amicable conclusion regarding the debt. We believe that no-one should feel burdened by debt, so if you cannot afford to pay, please telephone our friendly team to discuss your financial position and the various options still open to you to settle this debt.

If you ignore this communication, we are instructed to issue legal proceedings against you and obtain a county court judgment. This is not a course of action that we take lightly and this is why we strongly urge you to contact us to avoid any further action being necessary.

The balance outstanding is £1379.27. Details of how to pay are set out below. However, should you be unable to make payment in full, please telephone our Collections Team as we are often able to accept payments spread over several months. You may also seek free, independent advice and assistance from organisations including: National Debtline, Step Change and Citizens Advice or Christians Against Poverty.

Please note, as per the terms of your contract, interest is being charged on a daily basis on the balance of the outstanding invoice(s).

Please contact us within 14 days as after this date further action will be taken.

[Amethyst]

Well, if the claims were "cancelled" because of the test case judgment they would be statute barred in any event - if those are the invoices they are chasing.

Will give you a hand replying to Wilson Rose in a little while

[Amethyst]

Okay, I'd do it in writing the old fashioned way, emails are too prone to not arriving/getting lost/junked etc.



your name
your address
etc
etc


3rd October 2018

Wilson Rose
4100 Park Approach,
Thorpe Park,
Leeds,
LS15 8GB

Sirs,

Ref: xxxxxxxxxxxx BankSmart

I am in receipt of your email dated xxxxxxxxxxxx which seeks payment in respect of invoices under which you believe payment is due to your Client, "Bank Smart", numbered 4840,4841,25423 in the sum of £1379.27.

I do not have copies of any such invoices from your client and request you forward copies of these forthwith. In addition I would be interested to peruse the original contract which states that interest is being charged on a daily basis, so if you could include a copy of the contract that would be appreciated.

It is my belief that these invoices may date from 2007/2008 and may arise from an agreement entered into in 2006, and unless you can provide evidence of payment or written acknowledgment from me within the last six years, then pursuant to Section 5 of the Limitation Act 1980, the alleged debt would be considered statute barred. You’ll no longer be able to take court action to recover the debt and any court claim will be defended on this basis.

Section 7.15.8 of the Financial Conduct Authority's Consumer Credit Sourcebook states: "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

If you have evidence that the alleged debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you won’t pursue me for this debt.

Please note that I withdraw any permission for you, or your client, to communicate with me by emai or by telephone. Please write to the above address in future.

Kind regards


xxxx

[MM8071]

Thank you Amethyst.

I have just found a screen shot from their client area dated 07/02/2008 showing that invoices 4840 & 4841 were cancelled and no fee is due.

[Amethyst]

They're going under likely once the PPI deadline comes around and appear to be trying it on with everyone to get some pennies in

Id keep back the emails stating the invoices are cancelled for the moment - but keep hold of them xxx just tell Wilson Rose (who are simply debt collectors, not solicitors or a law firm - FCA Reg https://register.fca.org.uk/ShPo_Fir...000000p16jaAAA ) that it's time barred for now

[Amethyst]

Wonder if the 25423 is a much later one where banksmart just decided to try ppi claims and sent a letter of authorisation that you didn't reply to... wouldn't surprise me

also it's irrationally annoying that they haven't used the company name ( symmetric systems) just the trading name of bank smart.

[MM8071]

The invoice numbering is really confusing, but it is definately from bank charges that they never got back for me :-(

Sooner they go under the better!

[Amethyst]

Okay at least it is still 2010 so if no payment or acknowledgement made since 2012 then it will be statute barred too Bizarre how that's suddenly over £1k where the others are £100... if they do come back with copies of the invoices and challenging the SB status we can ask for a full breakdown of that invoice.

[MM8071]

Hi AMETHYST,

My letter was signed for on October 5th and I have not had a reply..

Any suggestion as to what I can do next? I really want this put to bed once and for all.

Are there any legal avenues open to me? BS need shutting down looking at the number of threads on this forum alone.

Thanks

MM

[Amethyst]

Section 7.15.8 of the Financial Conduct Authority's Consumer Credit Sourcebook states: "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

If you have evidence that the alleged debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you won’t pursue me for this debt.

You could go back to them and state as they haven't responded with evidence to the contrary you will take it that the matter is now closed.

[MM8071]

Thank you. I have done as you have suggested, and asked them to pass the message on to Bank Smart. Hopefully this will be the end of the saga, but somehow I doubt it.

[MM8071]

Quick update. I have not had a reply to either of the letters that I sent to Wilson Rose.

Is there anything else that I can or need to do (like write to BS and tell them to stop harassing me or face action)?

Thanks

Craig

[MM8071]

I have just received this email from Bank-Smart. The first communication from them since 2018!


RE: Breach of Contract and Cancellation Fee Invoice(s)
Dear Sir/Madam

We write to notify you of a requirement set out by the Financial Conduct Authority (FCA) which affects one or more of your outstanding invoices.

The requirement is as follows:

1.1 In relation to the issuance of cancellation and breach of contract invoices by Symmetric to its customers:

a. Symmetric must not issue any further cancellation or breach of contract invoices; and

b. Symmetric must cease pursuing any existing cancellation or breach of contract invoices through, but not limited to, any legal proceedings or debt collection processes.

The effect of this requirement is that you are not required to make any payments, or any further payments, towards your outstanding invoices for Breach of Contract or Cancellation.

This requirement may be lifted/varied at a later date, and we will notify you in writing of any further changes.

Yours sincerely,
Client Support Manager
Bank-Smart Support Centre

[EXC]

Hiya

See the updates I've posted here Bank Smart IMPORTANT UPDATE - LegalBeagles Forum