Threat of legal action from Bank-smart (Symmetric systems)

[Disconnected]

Hi, received a recorded letter this morning from BS titled Without prejudice save to costs asking for 2445.52 for both costs for breach of contract and commission charges. These date back between 7/11/2013 - 26/11/2017. BS periodically send letters requesting new LOC for claims dating back 5+ years and the occasional threat of legal action but never follow through. Any help would be appreciated. Always ignored as believe that BS are scammers

[Celestine]

Welcome to LegalBeagles, we see many similar cases to this.

Do you believe you ever had a contract with BS? Did they recover any PPI?

I believe the first step is to do a formal complaint to BS before you can take the matter to the Ombudsman. EXC is the best person to advise on specifics. I shall move your thread into the claims management section.

[Disconnected]

Hi Celestine, thanks for getting back to me.

yes, think I authorised BS to recover PPI charges back on 2008?? After years of nothing I got the occasional LOA to sign but ignored thinking they were scammers deliberately dragging their heels to go after breach of contracts with clients. I did receive 1 PPI claim which that have demanded commission for but yet to pay as not sure what role they played in the claim.

thank you

[EXC]

Hiya

It's so typical of them to send a formal demand marked 'without prejudice save as to costs'. They have no idea what it means.

Firstly we need to establish if you owe them commission for the PPI refund. Do you have any idea when you got that and from what lender?

Can you either post up the letter you got from them or send it to me at nick@legalbeaglesgroup.com please. Also anything you think is relevant.

[Disconnected]

Hi EXC,

The PPI I received was with Barclays and from 2014. I will send you the letter via email address. Thank you

[EXC]

Hi EXC,

The PPI I received was with Barclays and from 2014. I will send you the letter via email address. Thank you

Thanks.

Unfortunately the last document which gives the invoice dates and descriptions isn't legible and is the most important part. Can you re-scan and send a better copy?

Also did the correspondence include a reply form and financial questionnaire? I don't really need to see it, just need to know.

[Disconnected]

Hi, sorry, re sent as requested. Yes, I got a financial questionnaire and reply form.

thank you for your help

[EXC]

Thanks for resending the doc.

Well firstly the invoices dated 2013, 2014 and possibly 2015 will necessarily be statute barred under the the Limitations Act. A court won't entertain a claim that is made more than 6 years from the cause of action. It's an absolute defence.

Disregarding the breach of contract invoices, did you receive refunds from the lenders on the remaining commission invoices and if so which ones?

It matters as we need to know how to respond.

[Disconnected]

Not sure, I will try to dig out the paperwork, I think I kept it.

think I remember something, will confirm and get back to you

thanks again for all your help.

[EXC]

Ok you don't need to check the ones with Barclays and Coop as they're stat barred but it's all the rest. Dates and especially amounts would be helpful.

[Disconnected]

Sorry for the delay. I’m still trying to locate the paperwork confirming the PPI payments.

[Disconnected]

Hi, I’ve emailed the paperwork in relation to the PPI award in 2016. Barclaycard enclosed a cheque for 50 pounds to my wife and I for not being adequately updated. As you will see my letter was dated 29/3/16 and my wife’s 30/3/16. BS then requested 25% commission.

these were the only non time barred PPI commission charges on the invoice.

as ever, thanks for all your help.

[Disconnected]

Hi again, I’ve also emailed papaerwork in relation to the remaining breach of contract.

The dates make interesting reading.

Thank you

[EXC]

Ok it's going to take quite a while to sort all this out as this is very complicated.

Also the itemised fee lists (which are important) are barely legible so if I need clearer copies I'll ask.

Give me a couple of days.

[Disconnected]

Hi, I’ve now had a reply from BS. They have sent copies of all letters of authority and terms and conditions, invoices and cost reports and every price of correspondence from lenders. Also enclosed is the breakdown costs in spreadsheet format with a description of how they have been calculated.

BS state they look forward to hearing from me within 7 days with how I wish to proceed