Bank Smart

[Hazza73]

Hi - I really need some help I signed up with bank smart stupidly, never received any ppi from them, they are pestering me for paperwork for my mortgage which was with my ex husband so cannot get a signature and I am also now re married. They have sent an email today to say I have outstanding invoice for £236 for doing nothing I am so worried as I am trying to get back on track with my credit score! Can anyone offer advise what I should do??

[EXC]

Hiya

A few questions first:

1. Could you post up the text of the letter asking you for your mortgage paperwork please.

2. Have you received an actual invoice or have you just been notified of one?

3. Do you have an online account with them you can access?

[Thread moved to Claims Management forum]

[Hazza73]

Hi - I really need some help I signed up with bank smart stupidly, never received any ppi from them, they are pestering me for paperwork for my mortgage which was with my ex husband so cannot get a signature and I am also now re married. They have sent an email today to say I have outstanding invoice for £236 for doing nothing I am so worried as I am trying to get back on track with my credit score! Can anyone offer advise what I should do??

They are asking for a LOA for the mortgage

Yes I have an account the outstanding is for breach of contract?

[EXC]

They are asking for a LOA for the mortgage

Ok is it to replace an out-of-date but like-for-like one? Or is it for a new claim?

Yes I have an account the outstanding is for breach of contract?

Could you do a screen shot of it and also the letter asking you for the LOA and send it to me at nick@legalbeaglesgroup.com ?

[EXC]

I got the account screenshots but there's no mention of any breach of contract invoices, so I haven't got much to go on. How do you know that there are any breach of contract invoice?

Also I still need to know about the LOA they're asking you to sign ie if it's to replace an out-of-date but like-for-like one? Or is it for a new claim?

Also the text of the accompanying letter that is asking for the signed LOA.

I'm happy to help you but I need the above information.

[Hazza73]

Ok is it to replace an out-of-date but like-for-like one? Or is it for a new claim?



Could you do a screen shot of it and also the letter asking you for the LOA and send it to me at nick@legalbeaglesgroup.com ?

Hi So for Landmark Mortgages they are asking for a Replacment LOA they say they have sent one but I haven't received one, the say in addition to the original document I previously signed, often they require one every 3-6 months and although frustrating it is important to sign and return the document. As for the Breach I don't know what it is it says Costs - Breach of contract (LOANR) overdue £236.70

Its an email I received saying Invoices outstanding May 2021 and to log in but it is just a list of accounts which I screen shot, and then at the very top in red its the Breach of Contract so I don't know what this means.

[EXC]

Ok thanks. As always with this shower we need to make a formal complaint which can then go to the Claims Management Ombudsman with if Bank Smart don't uphold it. But first we need some information so I would send them the following:

Dear Sirs

I refer to your recent communications and entries on my online account.

You are requesting return of a replacement LOA for Landmark Mortgages, however I have not received such an LOA from you to return. Even if I had received one I would need to be assured that it is necessary for me to do so, given that signing one would renew my contractual obligations. The claim the LOA relates to was, according to my online account, made almost 2 years ago and so it is unlikely that it is still live. Indeed your auto-response emails state that ''Almost all lenders have stated they have now sent all final responses''.

Until such time as you can provide me with any request that Landmark Mortgages have made to you for a replacement LOA, and confirmation from them that the claim is still active, I will not be signing any further LOAs.

With regards to the reference on my online account to a 'beach of contract' invoice for £236.70 please provide me with the following:

1. The invoice
2. A detailed breakdown of charges
3. The contract which you allege I have breached
4. An explanation as what term(s) in the contract you allege I have breached
5. An explanation as to how you allege I have breached any terms.

I look forwards to your response.

[Hazza73]

Thank you I will send this and let you know their reply, thank you so much for your help.

[EXC]

You're welcome.

[Celestine]

Really looking forward to learning what section of the contract you've allegedly breached!

[EXC]

Really looking forward to learning what section of the contract you've allegedly breached!

It'll be this.



It's an unfair term in my view as it contractually forces the customer to have to respond to any number of requests Bank Smart chooses to make over an unlimited period of time. There is a charge applied for each request in their breach of contract invoices, so the more requests = more $$$

There's a schedule to UTCCR known as the 'grey list' (that Tom turned me on to) that lists examples of types of terms that may be regarded as unfair and this one fits the bill I reckon:

making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone

I'm helping someone defend a claim from them and we're using UTCCR.

[Hazza73]

attach these!!! Can you advise what I need to do next please ?





Hi Please have a look at the reply I have received from bank smart I have also attached the T&C's the invoice but it wont let me attach the copy of the LOA I originally signed in 2018 and I can briefly see they are charging 39% of the value of any compensation, I thought there was a legal limit of what percentage they could charge, this is horrendous ! If you could advise what I need to do next I would be most grateful.



Dear Mrs Irons,

Thank you for your email. Firstly I would like to clarify that the letter of authority ads terms and conditions don’t expire; therefore you are under contractual obligation whether you sign a new LOA or not. Signing one will not renew the contract, because the contract is still in place. You can terminate the contract by cancelling all of your claims and paying the cancellation fees, or by continuing the claims process until all claims are closed.

Some lenders have not finished their investigations because they are awaiting things like replacement LOAS or other forms/information. We have no discretion over where a lender needs these forms, and some lenders prefer LOA’s to be original’s and dated within 3-6 months. A copy of the LOA request is attached, please note that Landmark Mortgages are part of the NRAM Group. We originally request the replacement form from you in October 2019, and reminders were sent to you on 14/03/2020, 07/07/2020, 07/10/2020 & 27/01/20021.

With regards to your terms and conditions, these were signed with your previous CMC, Ascend Finance, who are no longer authorised to act as a CMC. Your claim was therefore assigned to Bank-Smart, you are still bound by these terms and conditions, only Bank-Smart is operating the account. Attached is a copy of the invoice that was sent to you.

We are happy to send a replacement letter of authority to you, please let us know if you would like one. If you don’t return the authority to us then you are in breach of your contract and liable to pay the fee.

[EXC]

Hiya

I've removed the attachments as they had your personal info on them

Can you email me everything including the LOA please?

[EXC]

....also do you recall ever signing up with Franklyn Hughes T/A Ascend finance?

[EXC]

I've got the docs you sent, thanks.

I suggest you reply with this:

Dear Sirs

Thank you for your email and attachments.

However your response and accompanying documentation are inadequate and/or incomplete.

1.Your email makes reference to ''signed'' terms & conditions but the terms & conditions you have provided are generic and are not signed. Please provide me the signed terms & conditions.

2. The Ascend Engagement Letter you have provided makes reference to an ''attached letter of authority'' but you have not provided that letter of authority. Please provide it.

3. Your email incorrectly states that ''a copy of the LOA request is attached'', but it is not. Please provide a copy of your original LOA request.

4. In your email you assert that my claim was assigned to you by Ascend Finance.

a. Please provide me proof of the alleged assignment.
b. Please provide me with the original claim that you allege was assigned.
c. Please provide me with a copy of the notification that Ascend Finance were obliged to have provided me on any assignment, according to clause 12 of their terms & conditions.

5. You have failed to identify which contractual term you believe I have breached. Please do so.

6. You have failed to provide me with an explanation as to how you believe I have breach the contract. Please provide one.



Yours

........