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

[CleverClogs]

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

I can confrim the above as it shows the same on the public register too. So in effect they are operating without a license and as such they are operating unlawfully. People should add that to the letters of complaints too, as that would no doubt shut them up. Oh they have never held a credit license either according to the public register as its not showing any previous licenses.

Here is the public register record of their application:

[CleverClogs]

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

Whilst here is a snapshot of their licence history:

[teaboy2]

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

Well CC thanks above, everyone here now has physical evidence to back up the fact that Bank Farts are operating unlawfully and as such their demands are nothing but hot air. Though given their new name, i suspect that air won't have a pleasant smell to it lol.

[CleverClogs]

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

Just to be thorough, I also looked at their status at the Ministry of Injustice.

It may be interesting to note how many more trading names or styles are listed there, compared to the single trading name in the Consumer Credit Licence application.

[teaboy2]

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

Just to be thorough, I also looked at their status at the Ministry of Injustice.

It may be interesting to note how many more trading names or styles are listed there, compared to the single trading name in the Consumer Credit Licence application.

Very interesting, i think we should do some research into those company trading names and see what we can find out too, what do you think?

[CleverClogs]

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

Symmetric Systems Ltd
Officer
Benjamin Smart
Officer
Simon Smart

So at least we now know how many Smarts that outfit has.

[NeutralObserver]

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

Oh no - Bank Smart (terrible company) are applying for a Consumer Credit Licence? That means they are trying to get into the Debt Advice industry and rip-off even more vulnerable clients than they do already.
I run a company that has had the mis-fortune to have used these cowboys to refer clients to - clients who were looking to reclaim PPI and check for unenforceability which is what BS brag that they specialise in.
We too were duped by these robbing idiots and we had to work very hard not to lose many of our clients. We have paid many of Bank Smart's 'Invoices' on behalf of our worried clients due to their bullying collection tactics to recover fees that they seem to make up as they go along. Bank Smart complaints account for 100% of our customer complaints over the last 2 years (we stopped using them a year ago bt the complaints continue).
I am building a portfolio of evidence of non-compliance, errors, unprofessionalism, shoody work, breaches of contract, seemingly 'dreamed up' charges - you name it we are recording it - in order to present to the MOJ and Trading Standards.
However, this company can only be stopped if they are attacked from all angles - therefore I implore anyone that has the mis-fortune to have ever dealt with these crooks to either do the same and send to MOJ, TS (and also OFT by the looks of it) or send them to me and I will add to our portfolio.
I'm not sure if complaining to MOJ or TS will change much tbh - therefore I shall be posting everywhere I can the message to other potential victims - IF YOU WANT TO BE RIPPED OFF, IF YOU WANT SHODDY SERVICE, IF YOU WANT TO USE A BUNCH OF SCUM TO DO YOUR PPI CLAIMS, USE BANKSMART. ABSOLUTE THIEVES.
BTW - anyone being chased aggressively for outstanding invoices - many of our clients pay them 1 measly pound a month and they don't seem to be taking any further action such as CCJ or charging order... Although if you don't acknowledge you owe them anything I can understand you not wanting to give them zip

[bluebottle]

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

Why the hell hasn't the MoJ pulled their fingers out of the lowermost orifice of their alimentary canals and closed this lot down? The only words I can find to describe Bank-Smart are shysters and cheats. If this lot are working in the field of litigation, their legal people need to be registered with the SRA, as required by the Legal Services Act 2007. This has some interesting benefits. It means you can make formal complaints against any legal professional working for shysters like Bank-Smart. As stated in another thread, the SRA are currently investigating RLP's two in-house solicitors. If Bank-Smart's legal bods are allowing Bank-Smart to rip people off, then that would appear to put them in breach of SRA rules and, therefore, liable to investigation and, ultimately, sanctions.

The post which mentions threats on a daily basis and up to 150 emails a day is a clear case of Conduct Amounting to Harassment under Section 2, Protection from Harassment Act 1997 and should really be reported or, better still, Bank-Smart hit with an injunction under Section 3 of the Act. It follows that if you specify the CEO of a firm on an injunction, under Section 3, they, being vicariously liable for their underlings actions during the course of employment, in theory, the CEO will cop it if any underling fires off any further threats or emails.

One interesting incident where the CEO of a Public Limited Company was threatened with an ASBO involved the CEO of South West Water Plc and Plymouth City Council. A sewage treatment works on the west side of the city was producing unacceptable levels of malodour that was blighting the lives of those living near it. Locally, the sewage treatment works, situated at a major road junction, is known as Poo(h) Corner - for more than one reason. The then leader of the council, incensed by the couldn't-care-less attitude of South West Water threated the CEO with an ASBO. South West Water claimed the council couldn't do that, but found, to their horror, that ASBOs CAN be slapped on the directors, etc., of commercial entities. South West Water sorted things out PDQ. Plymouth City Council won an unofficial award for "Most Imaginative Use of an ASBO".

It should never be thought that something cannot be overcome. It can. All it needs is a bit of imagination, knowledge and good old-fashioned nerve. In the police force we had something called the Ways and Means Act. Doesn't exactly exist, but goes "If you can't get the b******s one way, you can always get them another way." This is how I feel Bank-Smart will come unstuck.

[charitynjw]

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

Like Capone & tax evasion?

[cards down]

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

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

Its these people


seangenius
MoneySaving Newbie


Join Date: Mar 2009
Post Count: 1
Thanked 0 Times in 0 Posts



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]

I don't suppose you have a copy of their terms of engagement letter or point me in the direction as to where i may find one. My wife and i both signed up with these people on a no win no fee basis, but are now getting bombarded with invoices by them.

[TUTTSI]

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

First time I think I have seen this thread. Dont tell me another CMC is ripping people off and the MOJ are just allowing this. I cannot believe how gullable we as a nation are to allow a government body to regulate these people, earn money out of them ( oh yes they get fees for authorising and a percentage of their income) and then authorise them to rip off the public.

Do they have a data controller I wonder, has anyone checked?

Cards Down do you have the actual link to this MSE thread please?

Cards Down, the T& C were posted on this thread on 11th October 2009.

[charitynjw]

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

Hi Tuttsi,

That particular post was from March 2009

http://forums.moneysavingexpert.com/...ksmart&page=31

Post #618

[cards down]

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

Hi Tuttsi, I only just realised that this wasn't a post by LB's Amethyst, but by seangenious from MSE. I have just found the link to the thread, the posts near the end

Anyone had experience of a company/solicitor doing the work of reclaiming? (merged) - Page 31 - MoneySavingExpert.com Forums

Di3004..................Now where have i seen that face before? :tinysmile_hmm_t2:

I'll keep digging

[TUTTSI]

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

Hi Tuttsi,

That particular post was from March 2009

http://forums.moneysavingexpert.com/...ksmart&page=31

Post #618

Sorry just saw Nov not the year lol, have amended my post.

Thanks for the link.

[Sparkle1966]

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

Hi Everyone,

I've just joined as I saw all the Bank Smart comments. How I wish I had seen it before signing up. I have reported Bank Smart to the Ministry of Justice and spoken at length with the Claims Management Regulators who have been extremely helpful. Bank Smart have picked a fight with me......big mistake!!!!

One piece of advice, terminate the agreement due to non performance within a reasonable time, as opposed to cancel therefore no cancellation fee.