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

[EXC]

...I've emailed FCA and copied you in.

[Never_again]

Thank you so much, that’s very reassuring. The whole procedure is becoming so drawn out, I’m concerned that they might start issuing CCJs and all sorts before my case officer even gets through all of the documents! But if they can’t use another dispute resolution service, that makes me feel a lot better.*In the meantime, I’ve actually sent my SAR to Bank Smart again - given that this is likely to last another month or more, I would still like access to the data they hold about me, and in theory they’ll have time to provide it whilst the investigation takes place.
Thank you as ever for all your support and reassurance and for raising my case with the FCA, too. Everything you’re doing to help me is very much appreciated.

[Never_again]

Hi everyone, just checking in with a quick update... mainly to make sure you’re all OK in this new and strange world. I hope you’re keeping well.

Since my last post I’ve had another email and letter from MIL Collections which I forwarded to my investigator at the Claims Management Ombudsman. I also sent MIL an official letter of complaint and haven’t actually heard anything from them since, though I doubt they’ve gone for good!

This evening I’ve had an email from my investigator to say “I'm just*emailing to provide you with an update. I've started investigating your complaint but it appears it'll take a bit longer for me to reach a conclusion than I'd previously thought. Please bear with me whilst I look into things for you.”

I’m a little concerned by this as I really would have thought it was fairly simple case. Hopefully that’s either a standard email to acknowledge my complaint and give them time to assess everything, or it will simply take time to wade through the paperwork. I’m worried as it sounds less straightforward than I’d hoped, and they may not find in my favour....

But things seem to be moving and I will update you when I hear any more.

In the meantime, everyone please stay safe.

[Amethyst]

Yes it sounds like a standard ... 'oops this has taken a bit long, better let them know it's on my list of things to do ' email .... don't think you need do anything.

Hope you and yours are staying safe too xxx*

[Never_again]

Ah thank you - that’s reassuring! I’d hoped it might just be that. To be honest, with everything else that’s going on, this whole Bank-Smart mess had taken a back seat, I’d expected the process to become even more drawn out anyway. It seems pretty trivial now, really.

Thank you, all OK here so far, touch wood. Please take care.

[Never_again]

Hi everyone, just thought I’d update you, in case anyone out there is following this case! Hope you’re all keeping safe and well during the pandemic.

Shortly after my last update, my Ombudsman case officer contacted me to ask if Bank Smart had ever responded to my DSAR, as he “needed more evidence to understand why they felt they could go ahead with the default charges claims” and hoped my DSAR might contain that. Obviously, they’ve never responded to either of the two DSARs I’ve sent, so I couldn’t help. He said he’d contact Bank Smart to get the information from them..... and that was 5 weeks ago!!! I thought it sounded promising that none of the 100 documents BS had already sent him contained that evidence.....

He emailed me a couple of days ago to say they’d not responded and was going to chase them again... then emailed again to say he was going to give his thoughts based on the evidence he currently has, and I should receive that by the end of the week. And I’ve just received a standard message now to say “they have all the info they need to start investigating my complaint”. So I’m not quite sure what’s going on - whether Bank Smart responded with evidence (or not), whether he’s still planning to make a decision tomorrow.... who knows?!

But I feel like we’re getting close to a resolution now.... please all keep your fingers crossed for me!

Best wishes everyone.

[EXC]

Ok thanks for the update!

I think they have to make sure that they have all the evidence before they make a decision so when they say ''

they have all the info they need to start investigating my complaint'' it really means they have all the info they need to make the decision, so I don't think it'll be too long now.

It's amazing that he's asking YOU if you have any evidence that supports THIER case but hopefully he gets the irony.

If & when he finds in your favour I'd like to send the adjudication to FCA.

Fingers crossed for you!

[Never_again]

Yes, I did think it was a bit rich that he was asking me for that!!!! Anyway, I didn’t have the evidence and I don’t believe Bank Smart do, either.

Thanks for all your help and good wishes, it’s much appreciated. Hopefully the next time I post will be with good news! And of course, I’m very happy for you to send the adjudication to the FCA.

I’ll be in touch.....

[Never_again]

So............. WE WON!!!!!!!!!!!!!!!!!!

The Ombudsman contacted me on Friday to say that he was upholding my complaint - there was no evidence to show I’d signed the LOAs for default charges, he didn’t consider my email as a “cancellation” and that frankly their cancellation charges were inappropriate anyway, and never fully explained.

It wasn’t quite all over at that point, as this was only a recommendation and Bank Smart had to agree to it.

This morning, they did! Everything has been cancelled and I think we can safely say it’s all over.

EXC I want to say a huge THANK YOU to you for all your help and support as I really couldn’t have done it without you. This forum is amazing and I’m incredibly grateful for all you’ve done. Thank you so very much.

Take care everyone.

[EXC]

Congratulations!!

I'm really pleased for you it must be a relief to get them out of your hair after all this time. Well done for sticking to your guns.

[Never_again]

Congratulations!!

I'm really pleased for you it must be a relief to get them out of your hair after all this time. Well done for sticking to your guns.

Couldnt have done it without you! Thank you so much again.