** won ** BankSmart

[colin a]

Hi i recieved a letter today from banksmart ppi company for a demand to pay £700 for servises back in 2012 at that time i was inundated with emails letter etc for non compling with there t and cs, i wrote many recorded letters asking for them to stop all proceedings with my single ppi claim, they would not supply any paperwork that i asked for or brake down of work done, in the end i contacted the bank myself to see if they had received foc from banksmart and they said no, so i complained in writing to banksmart about there practises and went to fos and explained situation, i then was invioced for £240 to cancel which i paid thinking this was end of story, i have not acknowledged anything more from them since aug2012 until this month invoicing me for £700 ontop of the £240 that was paid 2012, i would like to know where i stand at moment as contacting them is very hard to do and with previous history this is at a large cost and il be looped into another web of threats etc please advise

[EXC]

Hiya

This has been happening a lot recently i.e. people who had paid either a cancellation fee or 'breach of contract' invoice in the past and who are now receiving additional invoices for the same thing.

Could you post up the demand letter (removing any personal info) please?

[colin a]

Hi im new to this so il try to add photo thanks but basically its an invoice for £672.30 with 14 days to pay or late payment fees occur, as previosly advised we are inviocing for remaining costs incurred for claim lloyds where a previous costs invoice has been issued this invioce is in addition to that invoice not a replacement etc
the last invoice was 03/08/2012 was claim closed now claim being finalised, that last acknowledgment,

[colin a]

Hi heres the photos thanks required

[colin a]

[colin a]

Hi would i have to write to them asking why after all this time they are now invoicing me and i would certainly need all written acknowledgements between me and banksmart, t and c, s etc, all i remember is signing one piece of paper andwould it be possible if necessary for you to write a template many thanks

[EXC]

Thanks, that's helpful.

Is the claim number referred to in the letter the same as the claim number referred to in the charges sheet that references the £240 paid?

Hi would i have to write to them asking why after all this time they are now invoicing me and i would certainly need all written acknowledgements between me and banksmart, t and c, s etc, all i remember is signing one piece of paper andwould it be possible if necessary for you to write a template many thanks

What I'd suggest is registering a formal complaint, as that way if they reject it and don't drop the payment demand you can then take the complaint to FOS who I'm pretty sure would find in your favour and Bank Smart would be bound by it.

I might have a copy of their 2012 T&Cs, if so I'll post it up.

[EXC]

These are circa 2011.

[EXC]

....PDF might be easier to read.

[colin a]

Thanks, thats xlnt il load file tomorrow to have abetter look at office, yes there the same number refxxxx on reading again iv noticed that claim 03/08/12 claimxxxx updated status was claim closed now ‘claim being finalised, and it said
your payment has been detected, processed and our system updated.where this payment was as a result of settlement received directly
this was supposed to be for costs for cancelling claim, i have never received any money from lloyds, i did however phone them back then to ask if a loa doc had been sent in and processed by bank smart, they informed me by law they would have to reply back to them but said no such letter had been received, at that time i though i was being fraudulently led into giving bank details, that payment was last acknowledgement i heard,.this newest one dated 2/8/19
i registered complaint to banksmart at time also all governing bodies foc cab etc all with signed delivery to no reply,from banksmart i didnt want to use email as that was at a cost and was very difficult and confusing to use
so do i have to complain again to banksmart as once you get in touch you are bombarded with threats bailiffs courts late payment fees etc, i would like however all paperwork between me and banksmart my signed copy of the original draft plus t and c, s to which i signed, so would it be possible to have a draft or template on how to reply to banksmart as order of complaint, or am i better sitting tight let them threat, gather evidence, then go to my lawyer, i do believe since i havent heard or acknowledged them or been sent any invoicing for 7 years this could be a case of statute barred

[EXC]

on reading again iv noticed that claim 03/08/12 claimxxxx updated status was claim closed now ‘claim being finalised, and it said
your payment has been detected, processed and our system updated.where this payment was as a result of settlement received directly
this was supposed to be for costs for cancelling claim, i have never received any money from lloyds,

The reference to ''where this payment was a result of a settlement...' is a standard wording and doesn't apply. £240 is a common cancellation cost with Bank Smart so I'm pretty confident that's what it was for.

You could send them a subject access request for all the information they hold on you but I don't really think it'll help us much. You don't need a solicitor. Yes, it'll almost certainly be time barred but that won't stop them from chasing you which is why you need to go through the formal complaints process in order to be able to get an FOS ruling should they reject it.

I'll work on a draft for you and post it up when I've got a bit of time.

[colin a]

thank you for having the time to post back so quick, il will await draft and instruction on what to do next, many thanks

[EXC]

Draft complaint. It's pretty straight forward but check it for accuracy.

You need to insert the Lloyds claim number wher I've put the red X's.

Send by registered post to:

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

And also by email to support@bank-smart.co.uk

Dear Sirs

Formal complaint

This is a formal complaint for which I expect you to deal with in accordance with the FCA’s complaints procedure and provide a final response within 8 weeks.

Please note that should I not be completely satisfied with your response, I fully intend to take this complaint to the Financial Ombudsman Service.

In 2012, after being inundated with numerous emails, letters and invoices for allegedly not complying with your terms & conditions, I reluctantly paid you a cancellation fee of £240 in respect of Lloyds ‘claim’ number xxx on 2^nd August 2012 and for which you acknowledged receipt. Although I subsequently contacted Lloyds who informed me that they had never received any communication from you, and so no ‘claim’ had actually been made. Despite this I decided not to pursue this with you.

Having had no communication with you since then I have now received a further demand for payment of some £700 in respect of the same ‘claim’.

In your letter of 2^nd August 2019 you state that ‘’we are invoicing for remaining costs incurred for the claim reference xxx against Lloyds. Where a previous costs invoice has been issued this invoice is in addition to that invoice, not a replacement for it as we have already deducted any payments made by You [sic].’’

1) I had clearly already paid the cancellation fee in August 2012. As such I had no contractual obligations to you from that point.

2) Notwithstanding the above, the new invoice for ‘’remaining costs’’ provide no indication as to what the costs were for or how they were apportioned, attributed, calculated or indeed when they were supposedly incurred.

3) Since having paid the cancellation fee in 2012, the amount which you stipulated at the time was £240, I had an entirely reasonable expectation that no ‘additional’ fees would be levied. It is simply ridiculous that after 7 years I receive a further payment demand out of the blue.

In resolution of this complaint I would accept a written assurance that the invoice is cancelled and that you will not contact me further. You also may wish to consider making a goodwill payment in respect of my time and costs in having to make this complaint.

As above should I not be completely satisfied with your response, I fully intend to take this complaint to the Financial Ombudsman Service.

Yours

[colin a]

Thanks once again for taking the time to write draft, il send off next week , i fully expect them to further send demands, threats, added fees etc, hoping that i email or phone then to try and start the whole game again, even yesterday i received a letter asking for more details of loans etc ( as it is imperative that you do so, all you have to do is sign!) i will keep you informed, one question that bothers me a bit tho, if they cant get court action against me if complaint upheld by fos, how can they still chase me for money as i believe you would need a sheriff court warrant in scotland to get money from someone, anyway thanks again so much appreciated

[EXC]

They'll probably send you stuff regardless of your complaint only because they really don't know what they're doing so just ignore it.

An FOS ruling is legally binding so if they attempted to continue to chase you for the money after FOS ruled that you didn't owe it you could in theory get the ruling enforced by the court ie ask the court to issue an order to prevent them from chasing. But I've not known Bank Smart to chase anyone after an ombudsman ruling.