**WON** Bank Smart/Ascend Finance

[fizzy69]

Hi i'm new on here but have came to ask advice with regards to Bank Smart.
My aunt had a stroke/ has dementia and I have now required guardianship for her (Scotland) which enables me to act on her behalf.
She has received 2 letters from Bank Smart asking her for money for breach of contract. They reduced the amount in the second invoice.
I had to change her mobile number several years ago because of the amount of companies contacting her with regard to ppi and I would be very surprised if she has signed any paperwork with regards to this. She would not have understood what they were speaking about.
What do I do? I can't ask her about this as she is in a nursing home now and wouldn't know what I was asking her. I have looked for any other paperwork and apart from the 2 letters I have received recently can't see anything.
These awful companies prey on the vulnerable and I want this cancelled.
What do I do?

[EXC]

Hiya

Bank Smart bought a batch of accounts from Ascend Finance (trading as Franklyn Hughes) in 2019 and have been sending out 'breach of contract' invoices, which is their usual MO.

Usually we'd advise that you/she make a formal complaint to Bank Smart and in order to make a robust case we'd need details & documentation to back it up. But in your Aunt's situation I appreciate that might be difficult. Also Bank Smart do have a clunky procedure for accepting power of attorney/guardianship status from those complaining on others' behalf which needs to be overcome.

I would suggest that you forward me the 2 letters ( nick@legalbeaglesgroup.com ) with a view to drafting a complaint. We could also include proof of your guardianship. Additionally, given the vulnerability issue we could ask the FCA (the regulator) to assist and although it's not strictly their role to get involved in individual cases, they have on occasion helped.

[EXC]

I've emailed FCA and copied you in. If we don't get any joy from them I'll draft a complaint to Bank Smart.

[fizzy69]

I would like to thank Nick and Ivan for their help with this matter.
Their prompt attention to this situation have taken a weight off my shoulders.
Bank Smart have cancelled all charges and I can now go forward with everything else I have to do with regards to my aunt's affairs without worrying about this despicable company.
Thank you again. I don't know what I would have done without your advice and help.
Take care everyone.

[EXC]

Just to update this, after flagging this to the FCA, to their credit they have contacted Bank Smart who have agreed to drop the charges.

It's not often I thank FCA for their assistance but on this occasion they've been fantastic.

[EXC]

I would like to thank Nick and Ivan for their help with this matter.
Their prompt attention to this situation have taken a weight off my shoulders.
Bank Smart have cancelled all charges and I can now go forward with everything else I have to do with regards to my aunt's affairs without worrying about this despicable company.
Thank you again. I don't know what I would have done without your advice and help.
Take care everyone.

You're welcome. I'm really pleased for you and your Aunt.