**WON** Bank Smart insisting I have "cancelled" claims

[EXC]

Here's the online complaint form for the Ombudsman*https://help.financial-ombudsman.org.uk/cmc

It's pretty straight forward to fill out. I've emailed you some suggested text for the 3 fields under the 'Your Complaint' section. I've also emailed you a PDF of the email from FCA which I think will be helpful.

So to summarise:

Fill out the form and use my suggested text (or feel free to amend it) and upload the Evidence Log and*

Evidence Log Documents (that you sent me yesterday) and the FCA Correspondence I have sent you today.

It's quite possible that you'll get a final response from Bank Smart in the next few days or weeks before the Ombudsman gets round to looking at it but at least we've got the complaint in should Bank Smart not uphold it.

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[Never_again]

Thank you SO much for everything you've done to help, it really is very much appreciated. I've completed the form and uploaded the supporting documents (for anyone reading this thread, it's worth nothing you can only submit a maximum of 10 documents to support your complaint)

And now we wait!

I'll keep you posted of course - thank you once again and have a pleasant evening.

[EXC]

Well done! As with most Bank Smart complaints there are a lot of documents as Bank Smart processes themselves are so complicated - probably deliberately so.

The Claims Management Ombudsman will notify Bank Smart once they've looked at the complaint and ask for their side of the story. As I understand it, in the first instance the Ombudsman will act as a kind of mediator and try and encourage the parties to agree to an informal resolution before they take the complaint on formally and make their own adjudication.

I won't wish you good luck as I don't think you'll need it as I'm pretty confident you've got a solid case and that all the charges will be cancelled. I think the only question is if and how much Bank Smart should compensate you for the hell they've put you through but we'll cross that bridge when we get to it.

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[Never_again]

Well, fingers crossed they'll see sense. The only argument Bank Smart can put forward is to insist my email was a "cancellation", despite my many messages to the contrary. In fact their response at one point was "you know full well what you did". So that's all they'll be able to say, and let's hope the Ombudsman can see the truth from my evidence.

I'll pop back up again when there's more news!

Best wishes to you all in the meantime.

[Never_again]

Hi all, me again! Unfortunately I am no further forward - the Ombudsman is yet to deal with my complaint and today I have received an email from a collections agency regarding the outstanding Bank Smart invoice. I will chase the Ombudsman now - regarding the agency, should I sent a quick reply to let them know I won't be paying whilst the issue is under investigation?

[EXC]

Hi all, me again! Unfortunately I am no further forward - the Ombudsman is yet to deal with my complaint and today I have received an email from a collections agency regarding the outstanding Bank Smart invoice. I will chase the Ombudsman now - regarding the agency, should I sent a quick reply to let them know I won't be paying whilst the issue is under investigation?

Has the Ombudsman acknowledged receipt of your complaint at all yet?

I assume it's ML Collections? I would respond to them with something like this:

Dear Sirs

You should be aware that the alleged outstanding invoice is the subject of a formal complaint I made to Bank Smart, disputing its validity, some months ago and is currently with the Claims Management Ombudsman.

Until such time as the complaints process has run its course it would obviously not be appropriate for Bank Smart or yourselves to demand payment and I would be grateful you would confirm that you will not continue do so.

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[Never_again]

Thank you so much, I'll email them now - yes, it is MIL Collections.

I received an automated acknowledgement from the Ombudsman immediately after my complaint form was submitted on 2/2/20... then on 11th Feb I received an email containing the following:

"Thank you for the information you sent us. We’re helping a lot of customers at the moment – so I’m sorry that we won’t be able to reply straight away.

We’ll be in touch as soon as we can. In the meantime, our contact details are below in case you need to speak to us."

So I'm unsure whether they've even started to look at the information*yet, or have contacted Bank Smart at all. I've heard nothing since then.

Obviously this situation is now getting worse with collections agencies involved, so I replied to that message today asking for help - I'll give it another couple of days (see if I get anything else from MIL) then I'll phone them.*
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[EXC]

Yeah the Claims Management Ombudsman is part of the Financial Ombudsman Service and always has a heavy caseload I'm afraid.*

You could always call them, explain the situation and ask how long they estimate it will take. They're usually quite helpful on the phone - 0800 0234567

[Never_again]

Sadly I'm not at all surprised, given my situation. They must have a million complaints about Bank Smart alone! Well, I contacted them today and have now also responded to MIL... we'll see what happens tomorrow and if I hear nothing, I'll give the Ombudsman a call on Friday. I'm desperate to get them involved before it gets to court, as I know they can't help after that. Presumably the fact I've already submitted my complaint covers that? And hopefully it never gets as far as court at all....

Thanks again for all your advice though - I know you've got lots of people to help on this forum so I do appreciate your time.

[EXC]

Sadly I'm not at all surprised, given my situation. They must have a million complaints about Bank Smart alone! Well, I contacted them today and have now also responded to MIL... we'll see what happens tomorrow and if I hear nothing, I'll give the Ombudsman a call on Friday. I'm desperate to get them involved before it gets to court, as I know they can't help after that. Presumably the fact I've already submitted my complaint covers that? And hopefully it never gets as far as court at all....

Thanks again for all your advice though - I know you've got lots of people to help on this forum so I do appreciate your time.

Yes, as you are following the formal complaints procedure you would have a strong case

to have any court claim stayed until the Ombudsman has made his decision. If the Ombudsman finds in you favour it is legally binding so Bank Smart couldn't then take you to court.

But I can honestly say that the chances of Bank Smart ever taking this to court (let alone winning) are so remote they're not worth worrying about.

I've helped and followed hundreds of Bank Smart cases since 2009 and only know of 2 that ever went to court and Bank Smart basically lost on both occasions.*

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[Never_again]

That’s reassuring, thank you! I just want this all to be over. Obviously it’s early so nothing back from MIL or the Ombudsman yet, I’ll keep you posted..... Have a good day!

[Never_again]

Hi all... quick update...

I called the Ombudsman this morning (very friendly and helpful) and they've now officially taken on my case and have contacted Bank Smart for their file. They've said that although they can't tell them to halt debt collection activities, they have asked them to do so until the complaints procedure is complete. And I've heard nothing further from MIL Collections.

As soon as there's anything else to say, I'll be back!

Wishing everyone a lovely evening and weekend.

[EXC]

Nice one, I'm glad you've got the ball rolling, have a good one yourself!

[Never_again]

Not great news here.... MIL Collections ignored my request to delay debt collection activities whilst the Ombudsman investigates (presumably therefore Bank Smart ignored the Ombudsman's request) as I've received a further email and now a letter from them. Forwarded this information to the Ombudsman... my case officer has just called me to say there's nothing they can do to stop them. And, due to workload, he's not even started to look at my complaint yet. Apparently Bank Smart have sent him over 100 documents. He couldn't even give me a timescale of how long this is going to take.

In your experience, how long before the letters from the debt collection agency turn into something more serious? What happens if they try to take me to court? Neither my health nor my bank account can afford a court case!

My case officer suggested I contact Bank Smart to request they delay debt collection but given they've ignored everything else (SAR, a formal complaint response) then my hopes aren't high, and I'm not sure I can cope with contacting them anyway. Is there anything else I can do?

Thank you as always for any advice.

[EXC]

In your experience, how long before the letters from the debt collection agency turn into something more serious? What happens if they try to take me to court? Neither my health nor my bank account can afford a court case!

.

I've never known MIL to do anything beyond send letters and emails. They are just a debt collection agency, not bailiffs, so they have no powers other than send payment demands. However I could ask the FCA if they are prepared to have a word with them?

While you are following the prescribed formal complaints procedure and your complaint is currently with the Ombudsman, you would have the right to ask the court to stay any claim as nobody can use an alternative dispute resolution service while another is in play. If the Ombudsman doesn't uphold your complaint Bank Smart could technically take you to court but as I've said it's extremely unlikely. Even if they did we would help you all the way.

Let me know if you want me to ask FCA.