Bank Smart PPI Claim

[Nigemck]

Hi Everyone

I've suddenly got myself in a real panic, hence posting at 12.30am! I recently signed up now with Bank Smart for a PPI claim. I never looked into them as I just thought ‘sure why not try to get some PPI back as it’s basically costing me nothing’
I sent them my credit report and have just signed each letter they’ve sent me to try and speed up the process as the PPI deadline is fast approaching. Having googled them tonight I’m really anxious that they’re going to hit me with a huge bill for admin when I probably won’t get any ppi back anyway. Can they do this? I’ve emailed asking for an update of my claim and threatened to cancel but if I do they’ll charge me anyway! I’m really at a loss here and can’t see any positive reviews for them anywhere! What will I do? I don’t want a bill for hundreds of pounds when I won’t be able to pay it back and then they’ll threaten bailiffs and court!
Thanks for any advice offered and sorry for posting at this time of night.

Nige

[EXC]

Firstly by law you have 14 days from the point that you signed each letter of authority to cancel without charge, so if you're still within that period on some or all of them you need to cancel them NOW by email and registered mail. It's really important that you can prove you sent them cancellation within the 14 days.

See cancellation terms below.

[robertk1968]

If you can and you are within the 14 days cooling off period then cancel.
I signed up with Bank Smart in 2012 and have just been to the county court to fight a claim against my Bank Smart, they were claiming for commission from payments I never received and several claims of Breach of Contract at £400 + VAT for each one.
They bombard you with letter after letter until it runs away with you, after 4 years I had had enough of their practice and refused to carry on hence the appearance in court. Beware they dont just go through your credit file once, they keep trawling through it year after year

[Nigemck]

Thanks RobertK1968! Unfortunately I’m past the 14 day period. They haven’t been in touch demanding any money but I’m sure it’ll eventually come. Can I ask how the court appearance ruled? I can’t believe they actually went that far!! Is it possible to delete your account and force them to destroy your credit file? If so how do I go about this? What’s the status of your relationship with them now? Are you completely rid of them and if so how much did it cost and how did you go about it?

many many thanks for your help on this

[robertk1968]

Hi NIGEMCK,, The judge dismissed all but two claims from Bank Smart, he still found in favour of Bank Smart for 1 breach of contract which will cost me £400 +VAT as well as the £40 it cost to give it to a debt collector before it went to court, but also he found in favour of Bank Smart for a commission fee for money I never actually received, which I'm considering appealing. Even though they should not write to me anymore the judge has no say in getting them to now delete my file, The only advice I could give is just return any forms in relation to any Letters of Authority you have signed as and when they arrive because they will go for Breach of Contract, but do not sign anymore letters of authority / contracts.As it stands Bank Smart took me to court for nearly £3000 and I have got half of it dismissed so far and I'm considering an appeal for some of the outstanding amount.

[Nigemck]

Good luck Robert K. Can I ask what the judge actually awarded in their favour for? Did you actually receive any ppi? I haven’t been billed for any money as yet but I know it’ll come sooner or later.
Also I’ve read their T&Cs and noticed the following term 21
Governing Law and Jurisdiction
21) This agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales. The parties agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter.

As I'm a resident of Northern Ireland does this mean I can’t be held to the contract and T&Cs? I know it’s a really long shot but I’ll take anything to get out of it at this stage. If any of you more legally minded people can clear this up for me I’d really appreciate it. They haven’t sent me a bill as yet but I’ve only been with them 6 months but I know itll
come sooner or later.

Thanks Again everyone

[EXC]

Good luck Robert K. Can I ask what the judge actually awarded in their favour for? Did you actually receive any ppi? I haven’t been billed for any money as yet but I know it’ll come sooner or later.
Also I’ve read their T&Cs and noticed the following term 21
Governing Law and Jurisdiction
21) This agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales. The parties agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter.

As I'm a resident of Northern Ireland does this mean I can’t be held to the contract and T&Cs? I know it’s a really long shot but I’ll take anything to get out of it at this stage. If any of you more legally minded people can clear this up for me I’d really appreciate it. They haven’t sent me a bill as yet but I’ve only been with them 6 months but I know itll
come sooner or later.

Thanks Again everyone

I'd wondered about that too but I don't know the answer I'm afraid.

I think that Robert1968's advice to you was good ie respond to any requests for information and return any forms they send in relation to LoAs that you have signed but don't sign any more LoAs.

Just to give you a brief history, as a stakeholder with the utterly useless old Claims Management Regulator we raised our concerns with them in early 2017 about the breach of contract scam which resulted in them placing Bank Smart under formal investigation (see below) during which time their misconduct continued unchanged. At the point that the regulation of claims management companies switched from the Ministry of Justice to the even more utterly useless FCA in April this year (over 2 years later), Bank Smart were still apparently under investigation. We've since been told by FCA that that the investigation was concluded before the switch but they won't tell us what the outcome was.

Like all claims management companies that were authorised by the old regulator at the point of the switch, Bank Smart have temporary FCA authorisation pending a vetting process which will conclude anywhere between October this year and April 2020. Of course I'm hoping (but not holding my breath) that they will be refused permanent authorisation which should mean that they could no longer provide claims management services. However in theory they would still be able to chase people for existing breach of contract invoices.

My personal view is that the term in their contracts which allows them to charge up to £400 per 'claim' for not responding to information requests/returning forms is an unfair term although I'm not aware that it has ever been tested in court.

[Nigemck]

Thanks EXC. It seems like you’ve been very persistent and determined to see and end to this fraud, keep it up! As mentioned, I haven’t been asked for any payment as yet but if I am asked can I seek advice from yourselves as to what to do? Sorry for being a pain but this is my first experience with this sort of thing.

Many Many thanks!

[EXC]

Thanks EXC. It seems like you’ve been very persistent and determined to see and end to this fraud, keep it up! As mentioned, I haven’t been asked for any payment as yet but if I am asked can I seek advice from yourselves as to what to do? Sorry for being a pain but this is my first experience with this sort of thing.

Many Many thanks!

We'd be happy to help.