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

[mothergoat1]

Thank you

[EXC]

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.

[mothergoat1]

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

[Amethyst]

There do just seem to be 2 claims for PPI.Â* 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.Â*
( 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.Â* 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.Â* 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.





Â*

[mothergoat1]

Hi
OMG I’m astounded that they are doing this .
Thank you for explaining that .

[EXC]

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 whenÂ*

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 undertakingÂ*a regulated activity without authorisation is a criminal offence.

Â*

[EXC]

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

Don’t worry, we’d be happy to draft something for you. I’ll explain the bit about validity tomorrow as I think it’s quite an important point.

[mothergoat1]

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

[EXC]

I'm not sure what Amethyst thinks but I think we know enough to be able to draft a formal complaint to them. That means if they don't uphold it within 8 weeks you can then go to the Ombudsman with it.

We've just done one for someone hereÂ*https://legalbeagles.info/forums/for...i-claims/page2

[mothergoat1]

Also no 12 of the terms and conditions about tf rights. That says they notify in writing if that happens but I cannot remember anything from Ascend to say they were tf my details.??

[mothergoat1]

Hi
All letters I received from Ascend I always replied to , and I haven’t heard from them for a long time ,
According to BS they say they are awaiting the return of a questionnaire and have sent at least 3 reminder letters but as they are the third party who have received my info off Ascend why would they need me to complete anything when they have the info anyway. ?
Also in their letter they say they might be able to provide replacement forms to continue with claim and cancel invoice but as the ppi deadline has ended how can they continue .Im confused *♀️
Also on the 21stNovember 2019 they emailed me to remind me I had outstanding invoices to be paid. So if they say they sent at least 3 reminders by post for some questionnaire why didn’t they email to say they hadnt received that said questionnaire.x

[EXC]

This is the same on all the others too ... those breach of contract invoices would have to be for not returning something to Franklyn Hughes and them informing BankSmart of such as they didn't even send you any Documents to return until after the ' final demand' ....

Exactly and do we know what they claim wasn't returned?

The only terms in the Ascend T&Cs which refer to the obligation to return stuff are these but there's no refence to what the position is if stuff isn't returned.




Â*

[mothergoat1]

Morning.
They have sent me a terms leaflet.
The engagement letter I signed was 27/4/2018
The photos are of the photocopies that Bank Smart sent me (10 ppi LOAs in total.
The 4 in the same name one is dated 27/4/18 and the others the 29/10/18 .I only ever had 2 cards so unsure why there are 4 LOAs.

i know that ascend did notify the name of the bank on the others as I did receive letters saying no ppi off them and I have still got some emails from ascend.

No I have never heard of business logic either.

Thank you .

[Amethyst]

This is the same on all the others too ... those breach of contract invoices would have to be for not returning something to Franklyn Hughes and them informing BankSmart of such as they didn't even send you any Documents to return until after the ' final demand' ....

[Amethyst]

The recorded delivery letters are to the lenders so you won't have received them - you can still ask for evidence though - - do you know who business logic are or is that just some banksmart speak ? If you know which lenders each of the invoices relates to then a SAR (Subject Access request ) to those might be a good idea ( to see if Ascend or BS actually did anything regards your ppi claims )