BANK-SMART

[tmaughan]

Hi,

I'm looking for some advice and help please.

In 2016 my mum instructed Bank Smart to act on her behalf to reclaim PPI from Shop Direct & Studio (signed letter of authority).

Since that date they have bombarded my mum with emails and letters which have caused her to loose track of what's going on. All these emails and letters are requesting further signatures and responses so they can 'carry on' with her claim.

They have now sent her a court letter demanding over £1000.00 for commission and breach of contract.

I have two letters, dated within the last month, from Shop Direct and Studio confirming my mum didn't receive any PPI refund as she had never paid PPI on her accounts.

I have sent them a complaint email but their response was ' Pay or I'll see you in court ' basically.

I would like to know how I can stop these people from bullying and harassing my mum for money which she doesn't owe them?

They have lied saying she received a refund and are trying to claim commission and now trying to say she has breached the contract as she has not responding to the 100's of letters they send weekly to her.

Any help would be appreciated please - I will also contact the legal ombudsman.

Many thanks!
Tom

[Amethyst]

Could you post a copy of the letter they have sent please.

Also if you have a copy of the Letter of Authority and any of the emails, and the letter Shop Direct sent confirming there is no PPI.

It is usually the case that some of those letters sent to sign with the threat of breach of contract are actually giving bank smart permission to check the credit file and creat a hundred more complaint files, all with more letters of authority to sign, so when you finally decide to stop signing the bloody things, there are multiple cases for PPI and default charges across lots of different creditors, and they claim breach of contract charging up to £400 ( now there's a cap - it used to be thousands for each 'claim') for each.

You should respond to it with a formal complaint in which you can tell BS that you will be making a complaint to the LEO and MOJ ( their 'regulators').

[tmaughan]

Could you post a copy of the letter they have sent please.

Also if you have a copy of the Letter of Authority and any of the emails, and the letter Shop Direct sent confirming there is no PPI.

It is usually the case that some of those letters sent to sign with the threat of breach of contract are actually giving bank smart permission to check the credit file and creat a hundred more complaint files, all with more letters of authority to sign, so when you finally decide to stop signing the bloody things, there are multiple cases for PPI and default charges across lots of different creditors, and they claim breach of contract charging up to £400 ( now there's a cap - it used to be thousands for each 'claim') for each.

You should respond to it with a formal complaint in which you can tell BS that you will be making a complaint to the LEO and MOJ ( their 'regulators').

Hi,

Yes I will PM you the letters now.

Many thanks for your help,
Tom

[Amethyst]

admin@legalbeagles.info if it's easier xxxx

[tmaughan]

admin@legalbeagles.info if it's easier xxxx

Thanks,

Just emailed!

Tom

[Amethyst]

Thank you for that. Just to check ( I think you've cleared something up for me ) - Bank Smart put the black lines through the other lenders and whatnot on their sheet ? So your mum only signed the one originally, and they just photocopied, blanked out the other lenders and sent off to each ?

Was that after they'd asked your mum if they could look at her credit file ?

Can you still log in to your mums account on the BS website or is it all shut down due to the 'debt' ? If you can, can you print everything available in there to a PDF or screen shot it.

Also can you fwd me BS's emails ( the recent ones chasing money/invoices/threats etc)

We'll then sort out a reply and a formal complaint.

[tmaughan]

Thank you for that. Just to check ( I think you've cleared something up for me ) - Bank Smart put the black lines through the other lenders and whatnot on their sheet ? So your mum only signed the one originally, and they just photocopied, blanked out the other lenders and sent off to each ?

Was that after they'd asked your mum if they could look at her credit file ?

Can you still log in to your mums account on the BS website or is it all shut down due to the 'debt' ? If you can, can you print everything available in there to a PDF or screen shot it.

Also can you fwd me BS's emails ( the recent ones chasing money/invoices/threats etc)

We'll then sort out a reply and a formal complaint.

Hi,

Yes BS have put black lines through the documents, not me or my mum.

If I'm being honest my mum can't remember when or what she has signed. She has just been signing the things they have been sending to her thinking its all for the same case she originally logged with them.

I've logged in and emailed you a screenshot of all I can see - I'm unable to download anything.

I will also email you the emails and letter,

Thanks
Tom

[Amethyst]

No that's to be expected, they send so much faff in the post, every 6 months there would be another letter of authority to sign for each creditor, and then theres unfair charges and PPI claims separated... and then other faff... all accompanied with threats that if you don't sign them you'll owe money for breach of contract... but on the plus side, she only signed up in 2015/16 so at least it's been relatively shortlived, we have people who've been dealing with this kind of rubbish since 2007.

Anyway these docs didn't come through so you might need to attach them rather than paste.

> <Contract4.pdf>
> <Contract3.pdf>
> <SHOP DIRECT NO PPI PROOF.jpg>
> <Recent communcation 1.pdf>
> <Contract1.pdf>
> <Contract2.pdf>
> <STUDIO NO PPI PROOF.pdf>

[Amethyst]

Your mum needs to send them a SAR - formally in writing would be best for BS. They send quite a large bundle of stuff but it should show up anything they have done and everything your Mum has signed.
Subject Access Request Letter

Also SAR Shop Direct and Studio - just as back up to ensure there hasn't been some kind of refund direct off a debt.


Then we need to complete the Reply Form that came with their letter before action. It's dated 15th Nov so you have a couple weeks but might as well get it done.

Bank Smart Letter before Action text

[tmaughan]

Your mum needs to send them a SAR - formally in writing would be best for BS. They send quite a large bundle of stuff but it should show up anything they have done and everything your Mum has signed.
Subject Access Request Letter

Also SAR Shop Direct and Studio - just as back up to ensure there hasn't been some kind of refund direct off a debt.


Then we need to complete the Reply Form that came with their letter before action. It's dated 15th Nov so you have a couple weeks but might as well get it done.

Bank Smart Letter before Action text

Hi,

Just sent the SAR's and will send the letter back in regards to the information they require on Monday.

I will also resend the documents you didn't;t receive now via PM.

Thank
Tom

[Amethyst]

Okay. The simplest way to deal with this then appears to be to ask BS to re-send the letters of authority which they think your mum should have signed and are charging 'breach of contract' charges on, sign them and return them. There's 7 accounts overall.

we may be able to potentially waive the Breach of Contract invoice - all you would need to do is return the required documents.

The rest is this commission on the Shop Direct and Studio ( Express Gifts) accounts. So although they have both written to say PPI doesn't exist on the accounts - there could have been unfair charges refunds or some such. So I think you want to be asking for evidence of the refunds on those.

Something simple should be fine; and enclose the reply form with Box C ' I don't know if I owe this debt' and box I - request for documents ( and put see attached letter in there )

address

date

address


Dear BS

Further to your recent communications, in which you indicate your intention to bring legal action against me, I require further information and copies of documents. I attach a copy of the reply form you enclosed with your letter.

Please could you send me the documents which you allege I am required to sign and return to you in order not to be in breach of contract.

I also require evidence of any refund which is alleged to have been obtained on my behalf, along with evidence of payment of any such refund to either myself or to the relevant accounts.

I would also be grateful to receive copies of the following invoices;
202915P-201092
202917P-217629
203341-211486
203342-218112

along with a breakdown of all claims which are currently in progress and the current status of each claim.

I have attempted to view the invoices on my online account however it doesn't appear to enable me to view any details or information regarding the amounts you are claiming.

Once this information is received I will be able to better assess my position with regard your claims.

Kind regards

xxxxx

[tmaughan]

Thanks

Have done all above and will keep you updated.

[Steakhouse11]

Did you manage to resolve this issue?