bank-smart lose in court over t&c's

[Amethyst]

Posted on MSE today - regarding wwww.bank-smart.co.uk

Its these people

usiness Details

Business Name:Symmetric Systems LtdAddress:First Floor, Western HouseTabernacle StreetTown/City:
County: CornwallPostcode:TR1 2EJTrading Names: Bank-Smart
Bank-Smart
Debt-Smart
Sectors:Financial products/services,
Personal Injury,
Authorisation Number:CRM4036

seangenius
MoneySaving Newbie


Join Date: Mar 2009
Post Count: 1
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I disagree completely, and contest that this is a geniue posting. In my opinon the company symmetric systems t/a bank-smart are [removed opinion]. They tried to take me to court for disputing their cancellation fee after I cancelled their service

They lost their argument against me after their claim was dismissed by the judge because their terms where ambigous and badly written and there was no case to justify their fee.

They claim to do work for 10 % on a no win no fee basis this is set out in their terms of engagement letter but their terms and conditions where clearly different. It clearly stated if you claim falls within a certain value they will see a minimum fee of £150+VAT. When I refused to pay they added £50.00 for a debt collection fee (which wasnt included in their claim) and when it was going to court add on £150 for a processing fee. The court case reference was 8QZ17000 and was held in Croydon County court on 16th March 09.

I would strongly advise that you avoid this company and do it yourself. I intend to obtain the judge's decision in writing and post on here for all to see.

Also it is important to note that on their website they claim to be dealing with £100,000,000 of claims. [edit: statement removed as incorrect] due to being a small company they are exempt and has an acid ratio of .83 also they have no phone no in which you contact them.

[edit removed personal opinion]

[Timesearch]

Re: bank-smart lose in court over t&c's

Amen Amethyst You are so Right!!!!!

[kelvinmjones]

Re: bank-smart lose in court over t&c's

I am having the same problem with bank smart. I would be very interested to see the judge's decision. Look forward to seeing it

[Paule]

Re: bank-smart lose in court over t&c's

. Look forward to seeing it

Its been posted

their claim was dismissed by the judge because their terms where ambigous and badly written and there was no case to justify their fee.

[gridnutter]

Re: bank-smart lose in court over t&c's

I'm in the same situation. I cancelled 2 claims that they did absolutely nothing with in over 9 months and incurred their cancellation fees which I have refused to pay.

Since then they have passed the "debt" to 2 seperate debt collection agencies, both of whom have passed the case back to Bank-Smart after I refused to pay.

This dispute has been going on for over 12 months now, and personally I can't wait for Bank-Smart to take me to court for their cancellation fee

[d_oxcb]

Re: bank-smart lose in court over t&c's

hi, am having problems with bank smart as well. I have 3 cases with them, the first one was payment protection, they claim to have settled the case with the bank refunding about 370 pounds out of which they took their 10 percent and charged me a minimum fee of 116 pounds leaving me with roughly 200. till date I have not received my settlement from the bank.

i wrote to them to enquire when and how, they said within 6 weeks, its been over 10 weeks now. when they sent me an invoice for the addition amount, i told them i could not pay it at once, so they have allowed me to pay in 12 instalments.

the second case, they claim to have recovered about 460 pounds and have sent me another invoice of 105. i went bullistic. it was never clear to me in their terms and conditions that i would be charged these fees, and i think it is unjustifiable for the amounts they are claiming.

the accounts with the banks have been closed, and i have moved home. i am no longer in touch with these banks. i sent them an email that since you have been corresponding with them, why dont you forward my address to them so i can recive settlements in good time. till date i have not received a response.

i have not received any settlements and am stuck with charges from the amounting to over 300. i need advice. thanks

[natweststaffmember]

Re: bank-smart lose in court over t&c's

hi, am having problems with bank smart as well. I have 3 cases with them, the first one was payment protection, they claim to have settled the case with the bank refunding about 370 pounds out of which they took their 10 percent and charged me a minimum fee of 116 pounds leaving me with roughly 200. till date I have not received my settlement from the bank.
Ask them for the claim number in court for this and ask the bank to confirm that they refunded £370.00 and tell bank smart that you are making sure the bank did do what they are supposed to do as you are suspicious of them for obvious reasons(banks' that is).
i wrote to them to enquire when and how, they said within 6 weeks, its been over 10 weeks now. when they sent me an invoice for the addition amount, i told them i could not pay it at once, so they have allowed me to pay in 12 instalments.

the second case, they claim to have recovered about 460 pounds and have sent me another invoice of 105. i went bullistic. it was never clear to me in their terms and conditions that i would be charged these fees, and i think it is unjustifiable for the amounts they are claiming.
Is this a bank charges case? How did they recover £460.00? Was it via hardship which is not a full and final settlement and if so they should be able to provide the breakdown of charges plus the offer letters from the bank?
the accounts with the banks have been closed, and i have moved home. i am no longer in touch with these banks. i sent them an email that since you have been corresponding with them, why dont you forward my address to them so i can recive settlements in good time. till date i have not received a response.

i have not received any settlements and am stuck with charges from the amounting to over 300. i need advice. thanks

I think you need further information direct from the financial institutions themselves.

[Amethyst]

Re: bank-smart lose in court over t&c's

I have emailed bank-smarts legal guy and asked him to get a customer services guys name and contact over to me so we can try help get this sorted with you.

Whether they respond or not is another matter.

[Amethyst]

Re: bank-smart lose in court over t&c's

I have asked for copies of letters/emails to back up these posts.

thread Bank-smart now charging me! - MoneySavingExpert.com Forums

and another Bank charges - miniumum fee rip off and other questions - MoneySavingExpert.com Forums


The main issue i think is the bankruptcy threat.

[Sapphire]

Re: bank-smart lose in court over t&c's

They'll make better reading than a Jeffrey Archer novel.

[Tools]

Re: bank-smart lose in court over t&c's

Originally Posted by Tools
Using the 30% calculation, if the amount of debt to be written off is £2500 or above (which most are), that would leave you owing them at least £750 in "fees".

This amount is the trigger for being able to issue a Statutory Demand (SD) if you are unable to pay them.

For anyone who isn't familiar with a SD here are some of the extreme consequences of having a SD enforced against you and a better explaination than I could give. Please read it in full and ask yourself, is it really worth paying someone to "write off your debt" ?

http://www.insolvencyhelpline.co.uk/...ory_demand.php

Set of BAST*RDS, apologies for the language.

[Amethyst]

Re: bank-smart lose in court over t&c's

For information:

Stage Cancellation Code Fee Documents Received STG01 £99 + VAT Statements Requested STG02 £99 + VAT Partial Statements STG03 £150 + VAT Processing* STG04 £150 + VAT Charges Calculated STG04B Full Comm. Incl. VAT With FOS STG05 Full Comm. Incl VAT With Solicitors STG06 Full Comm. + Costs Incl VAT Any Other Stage STG0X Full Comm. + Costs Incl VAT subject to a minimum of £99 + VAT Example Costs

Client support (Email/Post/Telephone)
Affiliate payments
Premises
Staff, consultants and solicitors
IT systems
Depreciation of assets related to claims management
Other central services
Postage and packaging
Directors/SMT cancellation meeting and decisions
Cancelation investigation
Statement request charge
Cancellation of LOA
Creation of physical file, filing and cancellation
Creation and updating of online accounts and testing
Bank contact and negotiations and/or acquiring updates/chasing statements
Letter creation, login, statement req, + online account etc.
Solicitor, court and allocation fees
Legal team commission (3%)

[Nicky Bodmin]

Re: bank-smart lose in court over t&c's

Hi Guys,

I am having the same problem with Bank-Smart.

I had several claoims with the company.Three paid out I never had a penny out of these. The amount paid was around £400 plus they kept the lot.

Then they sent invoices for accounts that not been agreed by the bank or card company nor from the FOS.
I have even been taken to court for claims on my bank for a fee that was no way 10% nor even been processed at all.

I complained to Bank Smart. NO REPLY I got my accountant to put it in writing they ignored his questions and complaint. I was bill by accountant £500 for that work.
Bank Smart went ahead to court and gained judgment because I was ill the courts ignored my request to adjourn Bank Smart got judgment and went for a charging order.

In the mean time I terminated my contract first in April 2009 right through to todays date. I haqve over 80 emails from them asking for payment. They have just aknowledged that the MOJ are looking ointo my complaint and they would contact me with out come.
Few weeks later they sent a letter with a response to MOJ saying that MOJ have said to cancel the claims not covered by CCJ.
They sent a bit of paper lol with a few lines on it making it sound like it was from the MOJ. No name no address no nothing only the lineage.
Today I had more emails saying they were going to go for bankruptcy and take my house through the charging order they have. LOL thats a joke cause the judge adjourned the hearing for the charging order because B-S paper work was not in order. That was 2 yr ago. No other application was made for the charging order. They are twats. I said go ahead do it, but first I want copies of the letters from the MOJ they had been sent because I have nothing saying they have given a final response or any thing. I told B-S I want proof.

GUESS WHAT at 2 this morning I had an email saying it was a mistake and the MOJ had not completed their investigations.

What Lyers.
I am about to apply to set aside Judgment so can I plaese have the details of the case that was won agaisnt them on their T and C becauser they have done me on all counts on them.

No Win No Fee but they chaqrged me.
10 % was not charged but 40 % plus
so many more breaches of contract.
Theft for money that was due to be returned to me on 3 of my claims.
And the constant harrassment for debt that went when I terminated my dealings with them.
I have served them with a notice under DPA to stop processing inacurate information they ignored that.
How can I stop these peolpe

[charitynjw]

Re: bank-smart lose in court over t&c's

............r because B-S paper work was not in order.
Nuff said lol

[charitynjw]

Re: bank-smart lose in court over t&c's

CMC's graduate from the same College of Bovine Excrement as DCA's lol
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(Apologies to Curlyben for nicking his oft-used & wonderfully descriptive phrase lol)