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Bank smart / Francis Hughes / ascend

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  • #16
    Hi
    Have read the draft letter and few things need to clarify.
    In my letter of the 22/10/19 they said I was in breach of contract because they were waiting for the return or had not correctly completed a document against n..t
    So would have to omit that part.
    Also How is the assignment of my contract not lawfully valid at that point .
    Also when I send email how do I copy in Ivan Thompson and what documentation do I send to him.

    Really sorry but hopeless at this kind of thing.x

    Comment


    • #17
      Originally posted by mothergoat1 View Post
      Hi
      Have read the draft letter and few things need to clarify.
      In my letter of the 22/10/19 they said I was in breach of contract because they were waiting for the return or had not correctly completed a document against n..t
      So would have to omit that part.
      Also How is the assignment of my contract not lawfully valid at that point .
      Also when I send email how do I copy in Ivan Thompson and what documentation do I send to him.

      Really sorry but hopeless at this kind of thing.x
      Donít worry, weíd be happy to draft something for you. Iíll explain the bit about validity tomorrow as I think itís quite an important point.

      I like your pin shot
      I keep it with your letter
      Done up in blueprint blue
      It sure looks good on you
      And when you smile for the camera
      I know I'll love you better

      Then the shutter falls
      You see it all in 3-D
      It's your favorite foreign movie

      'Peg'

      Donald Jay Fagen

      Comment


      • #18
        On the validity of the assignment, it's a little complicated but here goes:

        All CMCs have to be authorised to carry out claims management activities by the regulator. Up until 31 March this year the regulation of CMCs was run by a department of the Ministry of Justice but as of 1 April regulation of CMCs transferred to the Financial Conduct Authority. This meant that CMCs who wanted to continue being authorised had to re-apply for authorisation. And quite a few CMCs didn't bother and dropped out the market.

        Franklyn Hughes Ltd were authorised by MOJ but didn't apply to be authorised by FCA so they were only ever authorised to conduct claims management activity up until 31 March. We know that your (and others) claims were assigned from Franklyn Hughes to Bank Smart on 25 April and so that was at a point when¬*
        Franklyn Hughes were not authorised,

        But crucially, the assigning (or transferring) of claims from one CMC to another is in itself a regulated activity for which the company must be authorised to perform. The legislation (The Compensation Act 2006) even states that undertaking¬*a regulated activity without authorisation is a criminal offence.
        ¬*

        I like your pin shot
        I keep it with your letter
        Done up in blueprint blue
        It sure looks good on you
        And when you smile for the camera
        I know I'll love you better

        Then the shutter falls
        You see it all in 3-D
        It's your favorite foreign movie

        'Peg'

        Donald Jay Fagen

        Comment


        • #19
          Hi
          OMG Iím astounded that they are doing this .
          Thank you for explaining that .

          Comment


          • #20
            There do just seem to be 2 claims for PPI.¬* The LOA's you sent over seem to be 4 for Next PPI and 8 for Santander PPI. They're not duplicates of the same letter as all have different barcode number stickers on. Quite bizarre, but there do only seem to be invoices for two claims for PPI on 'credit cards'

            Also have....
            1 x Ascend engagement letter
            1 x bank smart letter ( just saying docs enclosed )
            2 x breach of contract invoice breakdowns - both exactly the same apart from final entry saying breach of contract invoice sent (pasted one below)
            1 x letter from banksmart saying the document they are waiting for is a questionnaire relating to Next PPI on a credit card.
            Santander isn't mentioned. I have a feeling both would be store card accounts both now with NewDay.¬*
            ( EXC do you want to see any of those bits to help with complaint - probably not it is virtually same as other cases )

            I think it might be worth your doing a Subject Access Request to both Santander and Next to see what has taken place to date regards Ascend/Franklyn & BS.... You can do this at the same time as doing the complaint to Bank Smart.¬* Are both accounts now closed/paid up etc ?


            Also - they didn't send you anything to return until 6/8 so you can't have been in breach of contract until after then... plus it says on the invoice it's for 'multiple lenders' ( presumably Next and Santander ) - plus you didn't receive anything at all.¬* They seem to have still sent a LBA to Next/Santander regardless so be interesting to see what Next/Santander did with that, considering they had nothing from you to say they could talk to BS about your finances.



            Click image for larger version  Name:	BSinvoice.png Views:	2 Size:	627.0 KB ID:	1499928

            ¬*
            Attached Files
            We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment


            • #21
              Hi
              Yes all the ppi papers I sent copies of to you are all store cards and all closed .
              i will send letters to Santander and next ,could you help draft a letter to bs please and what will I have to send to Ivan Thompson.
              Thank you

              Comment


              • #22
                Originally posted by mothergoat1 View Post
                Hi
                Yes all the ppi papers I sent copies of to you are all store cards and all closed .
                i will send letters to Santander and next ,could you help draft a letter to bs please and what will I have to send to Ivan Thompson.
                Thank you
                Will do it tomorrow.

                I like your pin shot
                I keep it with your letter
                Done up in blueprint blue
                It sure looks good on you
                And when you smile for the camera
                I know I'll love you better

                Then the shutter falls
                You see it all in 3-D
                It's your favorite foreign movie

                'Peg'

                Donald Jay Fagen

                Comment


                • #23
                  Thank you

                  Comment


                  • #24
                    Ignore. I'm just putting this here from FCA Policy Statement 18-23,

                    Click image for larger version  Name:	PS.PNG Views:	1 Size:	17.6 KB ID:	1499970
                    Attached Files

                    I like your pin shot
                    I keep it with your letter
                    Done up in blueprint blue
                    It sure looks good on you
                    And when you smile for the camera
                    I know I'll love you better

                    Then the shutter falls
                    You see it all in 3-D
                    It's your favorite foreign movie

                    'Peg'

                    Donald Jay Fagen

                    Comment


                    • #25
                      Have sent email of a letter I have put together forSAR request to next retail and Santander have a online form I can complete. Just wanted someone to see if ok before I post.
                      Thank you all have a good evening.

                      Comment


                      • #26
                        Draft attached. You just need to fill in any red 'x' s.

                        Check it for accuracy and let us know what you think.

                        ¬*
                        Attached Files

                        I like your pin shot
                        I keep it with your letter
                        Done up in blueprint blue
                        It sure looks good on you
                        And when you smile for the camera
                        I know I'll love you better

                        Then the shutter falls
                        You see it all in 3-D
                        It's your favorite foreign movie

                        'Peg'

                        Donald Jay Fagen

                        Comment


                        • #27
                          Looks bloody good to me ( Glad you've picked them up on their ridiculously inaccurate spelling )
                          We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                          Comment


                          • #28
                            Hi
                            Have read through the draft and love it. Where did you get the £658.20 figure from thatís only thing unsure of?
                            What do I need to send to Ivan Thompson (copies of all correspondence received from BS)
                            Also sent a copy of a letter I did by email to your selves could someone let me know if itís ok to send to Next regarding SAR.
                            Thank you so much for all your help you have given.xx

                            Comment


                            • #29
                              It's the current figure on the online account. Figured as you were making a complaint it wasn't an issue that they can see a log in on there and gives you the extra argument - can you send the text of your SAR as I can't open the image file ( might just be too big )
                              We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                              Comment


                              • #30
                                Ok thatís fine

                                Comment

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