**WON** Bank Smart

[EXC]

Apart from the initial lot you sent me on 26 February, I got just 2 more documents on 29 February which was a letter from MBNA and one page of an itemised charges list.

Ideally I'd like to see clearer copies of the

itemised charges lists you sent on26 February and also the 2nd (and any further pages) of a letter Bank Smart sent you dated 30 June 2014 (you sent me the first page already).

[Hawkeye66]

Hi ok spoke to my secretary and sorry she has been very busy she has them all and will send this weekend. Again sorry for the delay. H

[EXC]

Hi ok spoke to my secretary and sorry she has been very busy she has them all and will send this weekend. Again sorry for the delay. H

Ok no problem.

[EXC]

Hiya

Documents received - thanks.

It was worth doing as I'm now clear on the basis for the complaint and confident that we have the documentation to back it up.

Draft complaint below.

Dear Sirs

Formal Complaint

I wish to make a formal complaint which I expect you to deal with in accordance with the FCA Complaints Handling Rules and issue a final response within 8 weeks.

Please note that should I not be entirely satisfied with your final response I fully intend to take my complaint to the Claims Management Ombudsman without further notice.

Please also note that I have forwarded this complaint, complete with relevant documentation to ivan.thompson@fcs.org.uk , the officer responsible for assessing your claims management application at the Financial Conduct Authority and, further, I will be forwarding your final response accordingly.

Additionally I will be forwarding this complaint and related documentation to the producer of BBC Radio 4 Moneybox.

Complaint

I am disputing the validity of 2 invoices, both for alleged ''costs for breach of contract'' totalling £984.50 that you have issued to me and for which you have appointed debt collectors to pursue me for. The alleged damages for breach of contract are described in your letter of 22 October 2019 as being for failing to return documentation that you assert I am contractually obliged to, and for which I firmly dispute.

Each of the 2 invoices concern individual claims which, for ease of reference, I deal with separately:

Claim ID 76472

According to the information on the invoice this claim for default charges originated in November 2012. The claim concluded in November 2013 and this is clearly confirmed on the invoice by an entry that states ''Claim rejected by bank/lender''. In the 6 years hence I heard nothing from you in relation to this concluded claim until October 2019 when I was astonished to receive your invoice and accompanying letter which appeared to suggest that you had taken it entirely upon yourselves to investigate the possibility of a new claim based on financial hardship, without my instruction or consent. The invoice for the ''breach of contract'' includes fees for the work you claim that you undertook for the unsuccessful claim concluded in November 2013 and is for £499.

Any contractual obligation I had with you in relation to this claim ended in 2013. There is no basis whatsoever for this invoice and I view it as a brazen attempt at speculative invoicing.

Claim ID 76474

According to the information on the invoice this claim for default charges originated in November 2012.The claim concluded in January 2014 and this is clearly confirmed on the invoice by an entry that states ''Claim rejected by bank/lender''. In the almost 6 years hence I heard nothing from you in relation to this concluded claim until October 2019 when I was astonished to receive your invoice and accompanying letter which appeared to suggest that you had taken it entirely upon yourselves to investigate the possibility of a new claim based on financial hardship, without my instruction or consent. The invoice for the ''breach of contract'' includes fees for the work you claim that you undertook for the unsuccessful claim concluded in January 2014 and is for £485.50

As with claim ID 76472 any contractual obligation I had with you in relation to this claim ended in 2014. There is no basis whatsoever for this invoice and I view it as a brazen attempt at speculative invoicing.

In resolution of this complaint I would be prepared to accept, as a minimum, the following:

• A written assurance of cancellation of both invoices
• A written assurance from MIL Collections that they will cease any further collection activity
• A token payment of £100 in recognition of the genuine stress and anxiety you have caused to me and my wife.

Should you not uphold my complaint on the terms specified above I would remind you that I fully intend to take it to the Claims Management Ombudsman without further notice.

Yours

*

[Hawkeye66]

Ok I have sent a hard copy by recorded delivery and I have emailed them the letter today so let's see where we go from here. Thank you yet again your help in this matter has been immense. Regards H

[EXC]

Ok I have sent a hard copy by recorded delivery and I have emailed them the letter today so let's see where we go from here. Thank you yet again your help in this matter has been immense. Regards H

No problem!

You should get an acknowledgement that they've received the complaint in about a week and they have 8 weeks to issue a final response. It's quite possible that they won't give you a final response in which case we can go to the Ombudsman.

Good luck and keep us posted!

[EXC]

You will have seen the email from FCA and that they're going to raise the issue with Bank Smart. Of all the case studies I've given to them they've never explicitly said they'd intervene with them so I think you're in a pretty good position now as I can't see that Bank Smart have got any other option than to waive the white flag and be seen to do so, but let's see what happens.

*

[Hawkeye66]

Very sorry been working and then due to health on lock down. I cannot express my gratitude enough to all of you. Thank you so much again for everything you have done. Best wishes and stay safe. H

[EXC]

Very sorry been working and then due to health on lock down. I cannot express my gratitude enough to all of you. Thank you so much again for everything you have done. Best wishes and stay safe. H

No probs.

[Hawkeye66]

As the eight weeks is now up and I have received nothing back from bank smart can you please advise on my next move. Regards H.

[EXC]

As the eight weeks is now up and I have received nothing back from bank smart can you please advise on my next move. Regards H.

Ok you need to take it to the Ombudsman, here's how:

This is the online form https://help.financial-ombudsman.org.uk/cmc

It's fairly self explanatory but under the YOUR COMPLAINT heading, rather than tell them about the complaint just put 'please find original complaint attached' and upload a copy of the complaint you sent Bank Smart. You also need to upload the 'invoices' document which I'll email you now in support of your case.

Where it asks how you have been effected be honest in describing any stress and anxiety you've suffered and tell them of the time & trouble you've gone to dealing with the issue. Where it asks how you'd like the company to put things right just repeat the 3 resolution items at the end of the complaint.

Any questions just shout but just to warn you I'm going to be offline for about a week from tomorrow.

It's going to take a few months for the Ombudsman to reach a decision (they're not quick at the best of times) but I'm quite confident that they'll find in your favour if Bank Smart don't throw in the towel earlier.

We had a case quite similar to yours recently where the Ombudsman upheld the complaint here https://legalbeagles.info/forums/for...d-claims/page4

In the meantime I'll notify FCA and copy you in.

[EXC]

Just to update this thread....

Hawkeye took his complaint to the Claims Management Ombudsman who took until October to look at the case. Bank Smart then sent the Ombudsman a complaint reponse they claim to have sent Hawkeye in April. They sent no such response.

It said that they would not uphold his complaint but would cancel the charges and the Ombudsman asked Hawkeye if that was sufficient to close the complaint. To his credit he said no and would only accept the offer if they also agreed to give him £100 in compensation for the stress that Bank Smart had caused him, as he had specified in his original complaint. They agreed.

A big shout out to Hawkeye for sticking to his guns.