Bank smart again

[Hyousef]

Good morning

I only googled about bank smart to find this fantastic forum here, I’m so glad and comforted that I’m not the only one.

Bank smart is charging me for breach of contract and the total amount is £400 but they are invoicing me for £242.45 and they are calling it a minor breach and they are entitled to recover it. This was regarding ppi claim against HSBC account that I have closed years ago.

The problem is I never asked them to do so. They must got my details from one company that contacted me over two years ago. I cannot remember the name of the company, but I do remember singing an agreement with them. However, they wanted more documents regarding my HSBC account that I have closed years ago and I had no documents left to provide. Therefore, I just ignored the whole ppi case until I received the invoice from bank smart.

Bank smart is charging me for breach of contract for not returning the document required to complete the claim against HSBC. But I did not ask them.

Thank you for taking time to read my post.

[Amethyst]

If you ask them to send a breakdown of their invoice it should have the assignor company name on, unless they have already sent a breakdown ?

The terms with the original company stand - so those, if we can get them, should have a clause about assigning your claim to another company.

£400 is the maximum they are allowed to charge for a cancellation, rather than what it cost them - so you're not getting a discount.

Do they ask you to complete a further letter of authority instead of paying the 'breach of contract' charges ?

I think in this case you do need more information before making a complaint so depending what you have you might want to send a data Access Request to find out the full situation. https://legalbeagles.info/library/gu...ccess-request/

[Hyousef]

Thank you for your quick response.

I had a look at the invoice and the company was Francis Hughes. They took over the claim on 25/04/2019

Should I request the data access from bank smart via email?

Can I email you this letter with the invoice?

[Amethyst]

Cool - same company as another poster on here - https://legalbeagles.info/forums/for...509-bank-smart

I suspect the letters will be the same too but yes email me - admin@legalbeagles.info

[Amethyst]

Got them thank you xx

[Amethyst]

Letters exactly the same and the dates exactly the same as
https://legalbeagles.info/forums/for...509-bank-smart

[Hyousef]

Then I should follow the same and use the same email of the last post.

[Amethyst]

Pretty much , I'll amend slightly though to suit your circumstances- have you ever heard of fjh financial or Francis Hughes? Did you have an HSBC bank account which you paid a small charge on for things like travel insurance, overdraft etc ? It isn't a PPI claim at all - it's a claim for a missold packaged bank account. Any recollection of instructing any company to reclaim packaged bank account fees ?

the claim was allegedly created 4/4/19 then first reminder allegedly sent 29/4/19 - have you got any copies of those 'reminders' ?

apparently sent on 29/4 - 29/5 - 9/7 - 6/8 - 4/10

[Hyousef]

I don’t remember Francis Hughes or signing anything with them. Yes I had an account with HSBC and I do remember being on overdraft and paying charges , but I have closed the account over six years ago.

I did not keep any of their reminders, I just didn’t see the point because I thought they were scammers who want money. It’s when I saw the invoice I thought I should take an action. They were all reminders to send documents regarding the HSBC account, which I wasn’t going to share it with them even if I had it.

[Amethyst]

No that's understandable. So pretty much exactly the same situation as Bruno 17 then.



Bank-Smart Support Team

First Floor

Building A Green Court

Truro Business Park

TR4 9LF

Your Client ID ref: xxxxxxx

Dear Sirs

I am writing in response to your letter dated xxxxxxxxxxxxx 2019 in which you allege that I am in breach of an agreement with yourselves and for which I, you assert, am liable to pay you the sum of £242.45.

I have never entered into any agreement with BankSmart or Symmetric Systems and dispute that any breach of contract has occurred. As far as I am aware I have never instructed anyone to make any claim on my behalf for 'packaged bank account charges'. In your letter you state that the 'Claim assigned from Francis Hughes' at a cost to me of £88.29. I have absolutely no idea who 'Francis Hughes' is. I am therefore somewhat at a loss as to why you feel I am indebted to you at all. I have previously had a PPI claim with a different company, but this was not Francis Hughes, or indeed, yourselves.

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

1) A signed copy of the agreement and terms and conditions.

2) All copies of Letters of Authority signed by myself.

3) Any request sent to you by HSBC requesting documents/information from myself.

4) A copy of any documentation/agreement/contract you have been assigned by 'Francis Hughes'.

On receipt of the above documents I anticipate that I will be making a formal complaint to you and the Claims Management Ombudsman.

Yours

Mr xxx

[Amethyst]

Also give HSBC a ring and ask if they can provide you with copies of any previous or current third party authority documents they hold relating to your old bank account with them. Explain you have received an invoice from a company you have not had dealings with and that they are saying HSBC have requested information from them. If they can't just provide you with a copy and details ask them to consider your request as a request for copies of data held by them relating to you as is your right under the data protection act 2018.

You could email them instead if you prefer, or send a letter, or even go into a branch - which ever is simplest.

The information they provide will help with your complaint against BankSmart and to the CMC ombudsman later.... and potentially may involve a complaint to the Information commissioners office about the treatment and transfer of your personal financial data between these companies.

[Hyousef]

Many thanks for your time and support. I will do so

I will keep you updated

[Amethyst]

Do you recognise Franklyn Hughes Limited trading as Ascend Finance ? ( seems banksmart have trouble spelling )