**WON** Bank Smart rip off

[Magoo3]

Hi
I’ve now seen so many complaints on here regarding bank smart it sickens me that they have been using the same tactics to basically extort money from people without any proof of work that’s supposed to have taking place or monies received the first I knew about this was when I received a debt collection letter for £783.60 tast week for a breach of contact? Sound familiar.
I have learned a lot from this site so thank you LegalBeagles.
I have copied one of the letters from this site and will be emailing and sending by registered post as I have also received the email saying I’ve been abusive and will only deal with me by post.
today I received more mail off BS telling me to fill in paperwork for a Package Bank Account.... and they will cancel the debt for 30days this is something I never even asked about my only claim was too look at PPI nothing else.
Does this sound like blackmail to you cos it sure does to me.
Anyway I am rambling now I will send this letter tomorrow and see what happens I’ve contacted the Financial Ombudsman though there website early due to Covid 19 and told the debt collection company this in a email if anybody can suggest of better ways to deal with the BS company I am all ears as just want them gone from my life as you can imagine the stress this is coursing.
regards
Paul

[ostell]

So why have you started* multiple threads about this?

[Magoo3]

Ostell because I am frustrated and trying to find out the best root to go with this company as they seem to be using the same MO and can not believe this is even legal
hope this answers your question.

[ostell]

So why start 2 threads in this forum?

[EXC]

Hi
I’ve now seen so many complaints on here regarding bank smart it sickens me that they have been using the same tactics to basically extort money from people without any proof of work that’s supposed to have taking place or monies received the first I knew about this was when I received a debt collection letter for £783.60 tast week for a breach of contact? Sound familiar.
I have learned a lot from this site so thank you LegalBeagles.
I have copied one of the letters from this site and will be emailing and sending by registered post as I have also received the email saying I’ve been abusive and will only deal with me by post.
today I received more mail off BS telling me to fill in paperwork for a Package Bank Account.... and they will cancel the debt for 30days this is something I never even asked about my only claim was too look at PPI nothing else.
Does this sound like blackmail to you cos it sure does to me.
Anyway I am rambling now I will send this letter tomorrow and see what happens I’ve contacted the Financial Ombudsman though there website early due to Covid 19 and told the debt collection company this in a email if anybody can suggest of better ways to deal with the BS company I am all ears as just want them gone from my life as you can imagine the stress this is coursing.
regards
Paul

Ok first question, have you sent a formal complaint to them and if so can you post up the text of it please (removing any personal info).

[Thread moved to Claims Management forum]

[Magoo3]

Hi yes sent a email yesterday and will be sending a registered copy of this in the post.

[Magoo3]

Sorry I’m new to all this

[Magoo3]

Hi EXC
I am sorry for the miss understanding about placing more then one thread but haven’t used one of these before.
I have emails that was sent back and forth to BS asking what this was about which was on another e mail ..So I sent over the above email on the original email yesterday that BS had and have received this back as a reply.
The same happened on the other email address so I will be sending the letter by registered post so that it will be signed for.
I shall wait for your reply before I do this.
thank you for your quick response.

[Magoo3]

I also received this letter from them with the usual two page document to sign and send back which I will not be doing as I did not request anything let alone a mis sold package account.

[EXC]

Hi EXC
I am sorry for the miss understanding about placing more then one thread but haven’t used one of these before.

Don't worry it's not a problem.

What you've emailed them isn't a formal complaint, which is good because we can draft one that might be more effective.

It sounds as if your issue (where they are attempting to charge you for 'breach of contract' for all the work they've done on all your claims so far because you've refused to sign default charges claims letters of authority that you didn't request) is similar to someone else's here who's complaint was upheld by the Claims Management Ombudsman. The thing is you need to make a complaint to Bank Smart before you can go to the Ombudsman so I can help you draft one if you'd like.

In the meantime I'd like to report your case to the Claims Management Regulator at the Financial Conduct Authority if that's ok as apart from anything else it it sometimes encourages Bank Smart to drop the charges if they know you've reported them to the regulator.

If that's ok can you email me a screenshot of your locked online account to nick@legalbeaglesgroup.com and I'll send the report and copy you in.

[Magoo3]

Hi
I’ve emailed you over what you have requested and thank you for your help regarding this it is very much appreciated.

[EXC]

Thanks, that's helpful.

You'll have seen that I've reported it to the FCA.

I know it's confusing (Bank Smart make it that way) but in order to draft an effective complaint I really need to understand what they are invoicing you for and what documents you have signed & returned and what you haven't, so could you let me know the following please:

1 There are 2 Letters of Authority signed and dated 29/08/19. Did you send them to Bank Smart?

2 Did you sign & return versions of these previously or subsequently?

3 There is a default charges Letter of Authority and charges questionnaire that they presumably sent you with the accompanying letter dated 3 July. Had you previously signed & returned these before?

4 Could you forward me the email exchanges with them around the beginning of July.

[EXC]

Thanks for sending the above through. Give me a few days and I'll draft a complaint for you.

They are required to provide you with a final response within 8 weeks and if they either don't uphold it or you don't get a final response in 8 weeks you can then take it to the Ombudsman.

We had a case very similar to yours recently which the Ombudsman found in the customer's favour and actually awarded her £150 for the stress Bank Smart's conduct caused her, so I'm confident you're pretty much home and dry.

Although the Ombudsman takes months to reach a decision don't worry about Bank Smart or MIL Collections taking you to court in the meantime. In my considerable experience Bank Smart have only ever taken one customer to court (they lost) and MIL don't do anything other than send snotty demands, so you've really got nothing to worry about.

[EXC]

Complaint draft. Check it for accuracy and if you're happy email it to support@bank-smart.co.uk

Also send it by registered mail to:

Bank-Smart Support Team
First Floor, Building A
Green Court
Truro Business Park
TR4 9LF

FORMAL COMPLAINT

Dear Sirs

This is a formal complaint for which I expect you to deal with in accordance with the FCA's complaints handling rules and provide me with a final response within 8 weeks. If I am not entirely satisfied with your final response or I do not received one within 8 weeks I fully intend to take my complaint to the Claims Management Ombudsman without further notice.

Please note that I have reported your conduct referred to in this complaint to the officer responsible for your authorisation at the Financial Conduct Authority.

I am complaining about the demands I am receiving from you via debt collectors for an alleged debt of £783. I have never received any invoice or satisfactory explanation as to why you are attempting to charge me the sum. On requesting this information you informed me by email on 1 July that the charge was for not returning a questionnaire for a packaged bank account claim and that you will resend it and cancel the charge on receipt.

On 3 July you sent me a Letter of Authority to sign and a charges questionnaire to complete for a prospective packaged account claim with an accompanying letter which incorrectly stated I had requested. For the avoidance of any doubt I have never directly or indirectly instructed you to make a claim for a packaged bank account. That you sent it entirely speculatively and I subsequently received threats of legal action should I not pay an apparent 'breach of contract' invoice for not signing & returning the documents, amounts to extortion.

On raising the above issue you subsequently blocked my emails and phone calls to you and froze my online account.

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

1 That you uphold my complaint in full.
2 You undertake never to contact me again
3 You compensate me £150 in recognition of the genuine stress and anxiety you have caused me in dealing with this.

Yours

Magoo

They are supposed to acknowledge receipt of the complaint within 5 days but often don't.

Good luck (not that you really need it) and let us know how you get on.

[Magoo3]

Hi Exc
Thank you so much for draughting this Formal complaint letter I have copied and sent by registered post and sent by email today.
I will keep you updated on how BS deal with this kind regards
Magoo