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Bank Smart v S

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  • Bank Smart v S

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    I really am hoping someone can help me here or point me in the right direction? Around I engaged with Bank-Smart claims management company to, I believe, reclaim unfair bank charges but I might be mistaken as it has been so long ago, I also cannot remember if I contacted them or if I responded to a marketing advert. I do remember receiving some forms to complete and then didn't hear anything for ages. I cant completlety remember what happened back then. I received an invoice from Bank-Smart (this is why I think my engagement was for unfair bank charges and not a PPI claim, I believed the engagement was no win no fee but again, I can't be sure because it was so long ago. I seem to remember receiving a number of letters over the following year and eventually writing to them explaining that I had not actually received anything and believed that the claim was invalid due to the court ruling, I also remember asking for all the information held on me,

    I then heard nothing for a couple of years when suddenly the invoices started again. I ignored them and the letters stopped. Then they started again but I continued to ignore them.

    Bank-Smart to collect the debt of just under £400. there is lots of details on the letter with references status descriptions etc. dates strart from October 2011 up until 2015. I am scared of opeing the front door as if they send debt collectors. At the time of this I was living with my mum, but moved out in 2010.
    at my new address I received a letter addressed to me from Bank-Smart stating that they have 'enclosed a credit file request form that will allow you to obtain a copy of your own credit file that can reduce the risks that can cause delays to claims' - I responded to this, and also asked how they had my address, and at this time they were also phoning me on my mobile, even though no number had ever been issued to them. I hve severe depression and anxiety and this is making me very ill….


    Then yesterday I received another letter titled without predjudice saves to cost 'Legal proceeding to be issued against you in court'
    It basically states they are taking me to the small claims court unless I pay £400 and I have 30 days to complete the 'reply form' and a summary of earnings. It has a breakdown of invoices, 15 in total, all are recognisable accounts I have previously held., there is also debt collection charges and interest too so the new outstanding total required £784.59 I have been struggling financially for several years and still currently struggling financially. and would never, ever, have knowingly signed up to something that would have cost me if they couldn't make a claim, =

    So they questions I have are....

    1. Can they actually take me to the small claims court to recover something from 2011
    2. What are my options? I can't afford to pay the amount they are demanding and quite frankly do not want to either as I do not agree with the charges
    3. I have nothing to reference but at the same time do not want to make contact with them to then get inundated with letters and phone calls
    4. If it goes to court, what happens? do I have to appear? do I need a solicitor - can't afford that either?



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