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Hello,
I am writing on behalf of my husband who engaged with Bank Smart in 2014 to claim potential PPI on his mortgage. Here starts the trouble and 6
year saga. I will attempt to schedule the events as they occurred but as it was so long ago some information may not be absolutely accurate.
Timeline-
January 2014- Enquired about claim for potential PPI on mortgage with Redstone. Advised Bank Smart could assist on no win no fee basis- signed LOA.
December 2014- contact Bank Smart for update as no correspondence received in almost a year and considering going to another company. Advised that if claim is cancelled, would be subject to fees. Decided to proceed with claim.
Early 2015- bombarded with forms and requests for information for accounts other than Redstone. Ignored as did not want these pursued.
Between August 2015- June 2016- Recieved letters from Mortgage company to say no PPI was applied. Assumed case would be closed. However during this time was still being sent multiple letters requesting information for other accounts. Very stressful, very confusing (I believe this is a deliberate tactic). After receiving invoices, questioned Bank Smart what they were for. It was for not supplying information and evidence requested in relation to additional claims. Sent e-mail clearly stating this was unwanted work performed and requested phone call to "close the case". Was advised/ coerced to sign LOA's to to avoid charges. Proceeded to reluctantly sign LOA's as could not afford to pay fees- big mistake!
June 2016- started to receive invoices again for breach of contract. E-mailed Bank Smart to enquire what these charges were. Again was told for not sending in requested information although had been cooperating and sending back whatever was asked *note at this stage it was extremely confusing with the sheer volume of letters and what was required as multiple letters were sent requesting the same information, admittedly completely lost track of what was going on*. Replied and reiterated information was sent despite the fact that this was for work that was not requested and unwanted claims. E-mail ignored.
July- August 2016- Email received from Bank Smart to request proof of address so invoices of breach of contract can be cancelled. POA sent.
August- October 2016- One claim outcome successful. Invoiced for fee- 25%+ VAT. At this point had conversation with advisor that all further claims be closed once this invoice is settled. Invoice paid.
No further communication from Bank Smart.
May- June 2019- 3 years on, after believing everything had be settled, receive requests for information again. Ignored as thought to be attempt to get claim started again.
February 2020- received letter from MIL Collections for £1560 for unpaid fees to Bank Smart. Log onto Bank Smart account- fees for breach of contract!!
I have written to MIL Collections to stop contact for payment as this is disputed.
Now preparing to write formal complaint to Bank Smart on the grounds that:
1. Initial LOA and reason to engage Bank Smart was solely in relation to Redstone. All other claims pursued were unwanted and on at least two occasions explained this to Bank Smart advisors but was ignored.
2. Mislead and misadvised by advisors into signing further LOA's and reply to requests to avoid having to pay charges even after explaining this was unwanted.
I have e-mail correspondence between my husband and several advisors, however my husband is not the most articulate communicator and they are quite informal but nonetheless you can get the gist of the situation. Unfortunately, some of the conversations where he asked for claims to be cancelled/settled were over the phone and so long ago that they cannot be completely recollected.
My question is; are the grounds I am disputing on likely to uphold should this be taken to the Legal Ombudsman or court? Especially as he did end up signing LOA's albeit under pressure.
Thank you for any help in advance.
I am writing on behalf of my husband who engaged with Bank Smart in 2014 to claim potential PPI on his mortgage. Here starts the trouble and 6
year saga. I will attempt to schedule the events as they occurred but as it was so long ago some information may not be absolutely accurate.
Timeline-
January 2014- Enquired about claim for potential PPI on mortgage with Redstone. Advised Bank Smart could assist on no win no fee basis- signed LOA.
December 2014- contact Bank Smart for update as no correspondence received in almost a year and considering going to another company. Advised that if claim is cancelled, would be subject to fees. Decided to proceed with claim.
Early 2015- bombarded with forms and requests for information for accounts other than Redstone. Ignored as did not want these pursued.
Between August 2015- June 2016- Recieved letters from Mortgage company to say no PPI was applied. Assumed case would be closed. However during this time was still being sent multiple letters requesting information for other accounts. Very stressful, very confusing (I believe this is a deliberate tactic). After receiving invoices, questioned Bank Smart what they were for. It was for not supplying information and evidence requested in relation to additional claims. Sent e-mail clearly stating this was unwanted work performed and requested phone call to "close the case". Was advised/ coerced to sign LOA's to to avoid charges. Proceeded to reluctantly sign LOA's as could not afford to pay fees- big mistake!
June 2016- started to receive invoices again for breach of contract. E-mailed Bank Smart to enquire what these charges were. Again was told for not sending in requested information although had been cooperating and sending back whatever was asked *note at this stage it was extremely confusing with the sheer volume of letters and what was required as multiple letters were sent requesting the same information, admittedly completely lost track of what was going on*. Replied and reiterated information was sent despite the fact that this was for work that was not requested and unwanted claims. E-mail ignored.
July- August 2016- Email received from Bank Smart to request proof of address so invoices of breach of contract can be cancelled. POA sent.
August- October 2016- One claim outcome successful. Invoiced for fee- 25%+ VAT. At this point had conversation with advisor that all further claims be closed once this invoice is settled. Invoice paid.
No further communication from Bank Smart.
May- June 2019- 3 years on, after believing everything had be settled, receive requests for information again. Ignored as thought to be attempt to get claim started again.
February 2020- received letter from MIL Collections for £1560 for unpaid fees to Bank Smart. Log onto Bank Smart account- fees for breach of contract!!
I have written to MIL Collections to stop contact for payment as this is disputed.
Now preparing to write formal complaint to Bank Smart on the grounds that:
1. Initial LOA and reason to engage Bank Smart was solely in relation to Redstone. All other claims pursued were unwanted and on at least two occasions explained this to Bank Smart advisors but was ignored.
2. Mislead and misadvised by advisors into signing further LOA's and reply to requests to avoid having to pay charges even after explaining this was unwanted.
I have e-mail correspondence between my husband and several advisors, however my husband is not the most articulate communicator and they are quite informal but nonetheless you can get the gist of the situation. Unfortunately, some of the conversations where he asked for claims to be cancelled/settled were over the phone and so long ago that they cannot be completely recollected.
My question is; are the grounds I am disputing on likely to uphold should this be taken to the Legal Ombudsman or court? Especially as he did end up signing LOA's albeit under pressure.
Thank you for any help in advance.
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