Bank Smart

[EXC]

Hiya

I've looked at the documents that you sent and there are actually 3 invoices totalling £900.

The best way to deal with this is to send them a formal complaint which I'm happy to help you draft but I just need a bit more information.

You say that you father didn't sign anything but Bank Smart are referring to replacement Letters of Authority, so are you sure he didn't sign any originally? The dates imply the claims were made in July 2018. Also do you know if he signed a terms & conditions contract at all, as you said he applied for PPI previously but didn't follow through?

Also all the claims relate to Coventry Building Society. Does your father have any accounts with them and if so what type of accounts are they?

[THEJGB77]

Hi

My Father did have a mortgage with Coventry Building Society which is now closed

I spoke to my Father today - He did sign up to claim back PPI on life insurance which they did claim from the company and my Father paid the fees required to Bank Smart, he assumed this was closed. Bank Smart have then sent emails and letters (which i have tried to find, but my Father said he has deleted/thrown away these as this was a very long time ago) asking to open a new claim with Coventry Building Society. My Father does not know how Bank Smart know he did have an account with Coventry Building Society, as he did not provide them with this information. They did send a form to sign and to provide documentation, which he did not do, because he did not want to go through with the claim.

He has not signed any letters or accepted any terms regarding this new claim (Coventry Building Society).

Hope that is clear - Thank you for your time

[EXC]

Hi

My Father did have a mortgage with Coventry Building Society which is now closed

I spoke to my Father today - He did sign up to claim back PPI on life insurance which they did claim from the company and my Father paid the fees required to Bank Smart, he assumed this was closed. Bank Smart have then sent emails and letters (which i have tried to find, but my Father said he has deleted/thrown away these as this was a very long time ago) asking to open a new claim with Coventry Building Society. My Father does not know how Bank Smart know he did have an account with Coventry Building Society, as he did not provide them with this information. They did send a form to sign and to provide documentation, which he did not do, because he did not want to go through with the claim.

He has not signed any letters or accepted any terms regarding this new claim (Coventry Building Society).

Hope that is clear - Thank you for your time

Ok that's helpful. Do you have any idea when your father made the original claim and paid Bank Smart? If you couold let me know then I think that would be sufficient information for me to draft the complaint.

[THEJGB77]

I cannot find the letters/emails regarding the original claim, my father does not remember the date as its been a very long time, however i have forwarded you the email, requesting to sign documents - ("Documents Required: 5 Days to Sign the attached or miss the PPI Deadline") - please check your email

If there is anything else please let me know - Thank you for your time

[EXC]

Ok thanks, that email was useful.

Draft complaint attached at the bottom of this post. It's pretty straight forward really. I would send a hard copy by registered mail to the address on the complaint and also email it to complaints@bank-smart.co.uk

I'd be greatful if you could email me a copy of the complaint once you've populated it with your father's details so I can send it to the FCA. We provide them with all the complaints we help with in the hope they close this outfit down.

You may get an acknowledgment from Bank Smart asking you to drop the formal complaint on the promise that they'll deal with the issue quicker informally but just ignore it because we want to be able to take it the the Claims Management Ombudsman if they don't uphold it or don't repond to it in the stautory 8 weeks.

Good luck and keep me posted.

[THEJGB77]

I have forward the email to you and will post a hard copy tomorrow, I will keep you posted.

Thank you for much for your time and help with this issue, it has been much appreciated

[THEJGB77]

Hi

I have received a letter from bank smart which i have sent to your email address. It is a statement of account letter, asking to pay for the invoices.

looks like they have resent the previous letter again, if you could have a look and advise on what to do next

Thank you for your time

[EXC]

I got your email but there's nothing attached?

It's quite usual for them to keep sending the same demands for payment even though you have a complaint pending. Just ignore them.

[THEJGB77]

Hi

I received a email from bank smart stating they have cancelled all claims and invoices against my father - i have forwarded the email to you to review.

a huge thank you for your time and effort on this! I really appreciate it :-)

[EXC]

Hiya

I've looked at the email and it's typically ambiguous.

They haven't actually upheld the complaint. While they've cancelled the invoices and SOME of the claims, they've left some remaining and my concern is that at some point in the future they will issue breach of contract invoices for those.

The current status of the claims, according to the online account (a copy of which I've emailed you), is as follows:

• The 3 Coventy Building Society invoices & claimd haver been cancelled
• A further 3 claims have been cancelled
• But another 13 claims remain live

So the way I see it, there are 3 options for you:

1. Accept their offer and hope they don't invoice for breach of contract in the future
2. Reject the offer entirely and register the complaint with the Ombudsman, which will take many months to conclude with a risk of you losing
3. As a compromise of the above 2 scenarios, accept their offer of leaving the remaining claims intact on condition that they won't invoice you for breach of contract ever again.

My advice would be to go for option 3. If you agree I'd be happy to draft an email response to that effect.

[THEJGB77]

Hi

Okay, I assumed it was all cancelled. Yes I would like to go with
option 3 please.

Thank you

[EXC]

Ok I'll draft something up for you in the morning.

[EXC]

There you go.

Dear Sirs

Your ref: BC01/2879/40520

I refer to your final complaint response.

Although you have refused to uphold my complaint you have offered to cancel all the pending invoices and have also cancelled some claims but left 13 PPI claims intact.

Whilst I accept your offer I do so on the strict undersatanding that you will not in future attempt to invoice me again for 'breach of contract' for not returning information to you.

According to my online account the 13 remaining PPI claims were made in August 2019 and have all advanced to the point that the next step would be to initiate an FOS referal. Accordingly any further requests for more information from me would clearly be unneccesary, notwithstanding that I have previously provided you with all the information I have.

I trust the above is clear enough.

Yours

...

[THEJGB77]

Perfect - i have just sent this now, will keep you update if and when i get a response

Thank you for your time

[EXC]

Perfect - i have just sent this now, will keep you update if and when i get a response

Thank you for your time

Ok, no probs.