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

[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]

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.

[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*

[mothergoat1]

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

[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
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

[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]

Thank you

[EXC]

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

[mothergoat1]

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.

[EXC]

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

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

*

[Amethyst]

Looks bloody good to me ( Glad you've picked them up on their ridiculously inaccurate spelling )

[mothergoat1]

Hi
Have read through the draft and love it. Where did you get the £658.20 figure from that’s 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 it’s ok to send to Next regarding SAR.
Thank you so much for all your help you have given.xx

[Amethyst]

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 )

[mothergoat1]

Ok that’s fine