Bank-Smart Help

[Aforbes3]

I am writing on behalf of my elderly mother, who is being hounded by a company called Bank-Smart for an apparent minor breach of contract for one of her claims for PPI ( several years ago ) none of which ever resulted in a payout. Their timing is perfect as this coincided with her unfortunate cancer diagnosis, but to date, we have had no success in getting anywhere by telephone. I am aware that this company do have a 'reputation' and would be grateful of any advice on how this can be quickly resolved.

[Amethyst]

Hi there, I'm sorry to hear of your Mothers health issues, and that she is being subjected to BankSmart's behaviour. She isn't alone, sadly.

Would you have a copy of their latest letter? This will help to respond to them with a formal complaint. If you can redact and post it up, or email it to me ( admin@legalbeagles.info ) please xxx Also if she does have any other paperwork, when she first signed up, etc - can you log in on bank-smarts website to view her account on there? This sometimes helps work out what's gone on too.

[Aforbes3]

E mail sent. Look forward to hearing from you

[Amethyst]

Got it thank you.

They're after over £250 for not returning an evidence of financial hardship form on a 'default charges' claim with HBOS allegedly started in November 2016.

So, we need the letter of authority/engagement that they think gives them permission to try and claim 'default charges' from HBOS on your mum's behalf.

There was also a very small refund of default charges on a mortgage product ( which just reduced the mortgage by that amount ) and it shows she paid the commission payment on that.

And they'd tried to claim PPI from Halifax but none had existed. That was before they started with this 'hardship' claim.

" We have sent you a request for evidence of financial hardship in order to pursue this complaint. Without this evidence unfortunately we will be unable to assist. [30/01/2017]"

Any reasonable person there would think that was the end of it.

Then nothing until March 2019 when they seem to have ramped up collections.

Did they actually include a copy of an invoice with that letter? or just the letter and the teeny bit of info in the online account ? ( there's no link to invoices in there )

If not we need to ask for the original agreement, the letters of authority, and copy of the invoice and full breakdown of such. Also a copy of the form sent out that they are saying not sending it back was a breach.

Separately we should do a full SAR to them.

I'm a little concerned there's so many reference numbers after HBOS in the claim info. It wouldn't surprise me at all if they tried an invoice on each of those numbers as separate claims.

I'll get EXC to have a look as well and get a response together for them. Do you want to write on your mums behalf and have any further letters etc come to you rather than her? ( might be worth doing an authority from her so that happens and she is left alone ).

[Aforbes3]

Yes, it would make things much easier if I could have communications sent to me directly.I am my mothers Power of Attorney. How do I best make Bank-Smart aware as I simply don't get anywhere by telephone. Shall I email you my contact details ? Unfortunately, I cannot answer any of the points that you raise and so we will need to await the reply from Bank-Smart once we are in a position to send them a communication.

( I must say, at this early stage, I am so very impressed by this outstancing service that you are offering ! )

[Amethyst]

Bless you xxx We'll help draft a letter once EXC has had a look later

[EXC]

Hiya

Just catching up with this...

Yes I think the best way to proceed would be for you to write to Bank Smart on your mum's behalf, enclosing your Power of Attorney, and ask for all of the documents that Amethyst suggested and also, separately, make a Subject Access Request. In your letter you need to make it clear that although you are not making a formal complaint at this stage, you are requesting the documents in anticipation of making one. However, you would consider any offer to cancel any outstanding claims and invoices should they wish make one.

That way we put the ball in their court but still have the ammunition of a formal complaint up our sleeve.

We'd be happy to draft something for you.

Have you made Bank Smart aware of your mum's health issues?

[Aforbes3]

Excellent. I am so grateful. Please could I ask you to draft such a communication for me and I will then send it, along with my Power of Attorney.

[Aforbes3]

Also, I have not informed them of my mother's health issues. Please feel free to inform them in the communication that she was diagnosed with Chronic Lymphocytic Leukaemia in March of this year.

[EXC]

I'll try and do something first thing.

I take it you heard of us through BBC Money Box?

[Aforbes3]

Yes and so glad I did !

[EXC]

I'm a little concerned there's so many reference numbers after HBOS in the claim info. It wouldn't surprise me at all if they tried an invoice on each of those numbers as separate claims.

Yes I'm confused by that too but hopefully the docs will tell us.

Anyway here's what I propose Aforbes3 sends. Obviously it's just a draft so check it for accuracy and change anything you want.

You'll need to fill in the info where there are xxxs.

I would send it by email to support@bank-smart.co.uk and also by registered mail to:

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

Your Client ID ref: 59135

Dear Sirs

I am writing on behalf of my mother, Mrs xxx.

Due to my mother's age and ill health I act as her attorney (see Power of Attorney document attached/enclosed) and give you notice that all future correspondence regarding my mother should be sent directly to myself and not to my mother.

I refer to your letter of 22 October in which you allege that my mother has ''breached'' a contract with yourselves and for which she, you assert, is liable for ''damages''.

In consideration of this demand I would be grateful if you could provide me with the following:

1) A signed copy of her contractual agreement with you.

2) All copies of Letters of Authority signed by my mother.

3) The financial hardship document you claim to have sent my mother.

4) The alleged invoice(s) you claim are due.

5) An itemised breakdown of the invoice(s) detailing how and when the sums were calculated and to what they were attributed.

On receipt of the above documents I anticipate that I will be making a formal complaint to you. However given that my mother is not capable of engaging in any claims process you may wish to consider it appropriate offering to cancel any agreement she may have with you and any invoices that you claim are outstanding, at this stage.

Yours

Mr xxx

I don't know what Amethyst thinks but maybe we shouls hold off on the SAR and see what response we get to the letter first?

[Amethyst]

I don't know what Amethyst thinks but maybe we shouls hold off on the SAR and see what response we get to the letter first?

Yes I agree, this with a copy of the POA docs is a good starting point. One would hope BankSmart will simply write off the account, but we will see.

[Aforbes3]

I am extremely grateful to you both and shall action this today. I shall update you their response.

[Aforbes3]

Wow, what can I say ? Two days after sending Bank-Smart the email, I have, this morning, received an email confirming that they will cancel all invoices and charges ! My mother is delighted and I would like to pass on her huge gratitude together with my own for the great work that you do. It really has made a difference and you should take great pride in the service that you are offering. Wonderful !