**WON** Bank smart / Francis Hughes / ascend

[EXC]

Right it's off to the Ombudsman then.

Here is the online form which is pretty straight forward https://help.financial-ombudsman.org.uk/cmc but any questions just shout.

I've emailed you the 3 documents

you need to upload, which are the original complaint, the Bank Smart audit and letter from Bank Smart.

Under the section 'Your complaint', box 1 just say 'please refer to uploaded complaint document'. box 2 just be honest about the stress and anxiety Bank Smart have caused you, box 3 just say*

'please refer to uploaded complaint document'.

[EXC]

I'm out and about but will post first thing.

[mothergoat1]

Hi . An update on my Formal letter of complaint to Bank Smart. To date I have had* *no reply from them.I emailed the letter of complaint on 3rd December 2019 and also posted a copy by recorded delivery which they received at 11.17am on the 4th December 2019. I had an automated acknowledgement to the email .Did not receive any acknowledgement to letter but according to the 22 page client audit report created on the 11th December 2019 under heading Letters on the 5th December 2019 at 06.42( not sure if suppose to be an email sent or a letter but have not receive either) they* confirm receipt of recent correspondence in which I expressed dissatisfaction with the service ETC ,said complaints take an average of 7 weeks for them to provide a final response.Apart from a letter explaining if there will be a delay after 4 weeks ( which there has not been a letter)I would receive no other communication regarding my concerns. This has now been 10 weeks allowing time for Christmas and New Year breaks so I feel that it is time to complain to the Claims Management Ombudsman.* * *I have received a few emails from them since early December manly invoices outstanding etc .* *Interestingly* I have received back the SAR from Santander* and Bank Smart* had sent them on 1st April 2019 six* Notice of transfer of Claims Management Representative forms with notice that the Transfer between Franklyn* Hughes and Symmetric Systems* t/a Bank Smart dated 28th March 2019* would take place with effect 23.59 on 31st March 2019.* *The SAR received from Next* they did enclose two photocopies of letters from Ascend dated 2/5/18 and 4/7/18 regarding ppi. Nothing from Bank Smart .* Next also informed me that the one account I had was a cash only account so no pp and the other account was for the Next Directory. Also they listed 3 credit reference agencies to whom they pass customer details to. So I did wonder if they never replied to Ascend for this reason. I would very much appreciate* your help as to what to do* next ,do I start a complaint with Ombudsman now or should I wait a bit longer?* Sorry for the long post .x

[EXC]

Ok it doesn't sound like there's too much in the SAR response that'll help us so let's wait for the final response on the complaint.

[mothergoat1]

Hi Happy new year to you all.* Just an update with BS.Sent a SAR* request 13th December and received a response by email on the 29th December.Basically was copies of* correspondence i had with Ascend Finance,and copies of* my file with BS which they had already sent to me previously. There was one letter from FOS to BS they received on 16/4/19 thanking them for sending the ppi questionaire and complaint form for the complaint. This was stamped claim no 233913. I did note that in there comment section of my files with them* on 18/6/19 there was a comment saying the FOS called to request new LOA. then on the 5/7/19 there was a note saying* FOS has all info needed to investigate complaint .* (not sure how ). The Formal letter of complaint I sent to them was* received by them by email on 3/12/19 and also by letter on 4/12/19 so hopefully should receive a response by at least the second week in February which takes in to account a christmas and new year break.* *Will keep you posted .x

*

[mothergoat1]

Will get done today .Thanks

[EXC]

Exc just emailed you reply and attached pdf file received from BS.

Interesting. It says there were 8 claims assigned from Ascend but I thought you only knew of 2? There's some interesting dates on the assignments too.

There's a lot of entries for stuff like ''Login Details with Notice of Transfer from Ascend Finance Sent to Client dated 03.04.2019'', did you ever receive these? I'm sure you didn't.

I would respond with something like this with a Subject Access Request:

Dear Sirs

Given your failure to supply me with copies of the 2 disputed 'recorded delivery' letters, despite me requesting these twice, it now appears doubtful that these letters exist. Additionally the 'Audit' document you provided refers to other entries for communications that I have never received or have knowledge of.

Accordingly please find the Subject Access Request bellow. **

There's a SAR template here*https://legalbeagles.info/library/gu...ccess-request/

*

[mothergoat1]

Exc just emailed you reply and attached pdf file received from BS.

[mothergoat1]

Email sent .

[EXC]

Thanks -got it.

If you fancy making a nuisance of yourself (which I think you should!) I'd reply along the lines of this

Dear Sirs

Your response is unconvincing, incomplete and inadequate.*

I specifically requested copies of the letters, which you have failed provide.

Please do so by return in order for me to consider the appropriate next step.

[mothergoat1]

I will do that . Thank you .x

[EXC]

Morning. emailed BS yesterday regarding the recorded delivery charges on my invoices,and received a reply this morning which basically has not answered the questions. They did say that they have provided me with a breakdown as required to do so ( presume they are referring to the invoices) also as a Goodwill gesture they will reduce my payment that they say is outstanding if paid within 7 days. ( How awfully nice of them). They still have not answered why they have charged me £22 twice for recorded delivery letters and then they stated were not sent recorded. !!!!!!

Ok can you forward it please (the complete email string would be handy) and I'll forward it on the FCA. I'm thinking we might make this an addition to our complaint too.*

[mothergoat1]

Morning.* emailed BS yesterday regarding the recorded delivery charges on my invoices,and received a reply this morning which basically has not answered the questions. They did say that they have provided me with a breakdown as required to do so ( presume they are referring to the invoices) also as a Goodwill* gesture* they will reduce my payment that they say is outstanding if paid within 7 days. ( How awfully nice of them). They still have not answered why they have charged me £22 twice for recorded delivery letters and* then they stated were not sent recorded.* !!!!!!*

[mothergoat1]

Ok will do that Thank you. X

[EXC]

Dear Sir/Madam

Thank you for your email.

The 2 letters concerned are referred to quite clearly in your 'breach of contract' invoices as having been sent by 'recorded delivery', but you have now confirmed that they were in fact not.

Your charges for other letters on the invoices, not marked as sent by recorded delivery, are either £12 or £18 and so it appears that the £22 amounts are a premium charge for letters sent by recorded delivery. It would appear that you have deliberately over-charged me by fabricating the*

recorded delivery entry on my invoices

and I would invite you to explain. *

Additionally I request you to provide me with copies of the 2 letters by return.*

Something like this.