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

[vern]

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

Ok so if you hadn't heard a thing from them between 2011 and last year I reckon they've broke the terms of their authorization - they're required to keep you updated on the progress of your claim - so you may be able to argue that they broke an implied term of your contract.

Post up the letter tomorrow and we'll take it from there.

Sorry can't post the letters our lass thrown them away before I asked for help but no doubt will be hearing from them in the near future so will post what I get

[EXC]

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

I wouldn't wait. I'd e-mail them asking for another copy of the invoice and any accompanying letter saying you've lost the one they sent you and you need it to consider your position.

[vern]

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

thanks will do that now....... done so will wait for reply

[Amethyst]

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

vern - did your letters have the long lists of work undertaken with costs by it - £2.45 type prices ?

like this;

[vern]

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

Yes the invoices looked like that some of the totals where 20.00

[vern]

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

Here is what they have emailed me

[EXC]

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

Here is what they have emailed me

Thanks. I've removed the documents because they had some personal information on them. I'll edit them and post them back up later and have a good look at them.

[vern]

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

Ok thank you

[vern]

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

Ok thank you

Just received the forms drom bank smart to fill in to send financial ombudsman to keep me claim on going do I fill them in to buy me some more time

[EXC]

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

Just received the forms drom bank smart to fill in to send financial ombudsman to keep me claim on going do I fill them in to buy me some more time

I don't think it would do any harm myself. These aren't the forms that they're complaining that you didn't return before though is it? If my memory serves you've got 2 separate claims.

[vern]

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

Yes these are the supposed forms and thinks so but on these forms it's only mentions one of the banks names

[EXC]

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

I think you should sign & return them. It's no skin off you nose really and it could stop them hassling you for the 'breach' of contract fee. And you never know you could even get a result from the Financial Ombudsman.

[vern]

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

Fingers crossed that's what I thought might stop them hassling me for another 3 years lol thanks for the advice will keep posted if I hear anything else from them

[Rosscos]

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

Hi folks, I was looking for some advice on Bank Smart and a recent bill they sent me. About three years ago, after sending mail repeatedly to my old address (and to my ex wife) offering their services, they then sent me the standard cold call type mail to my newer address claiming they can get me ppi money back from loans I'd had over the years. I stupidly believed it wouldn't hurt to see if they could help.
From memory (this was the only time I ever had any contact with them) I put some bare details on the form and returned it to them. I didn't even include a loan account number or amount etc. just that I had a loan some years back and the name of my bank and that's it, not even my date of birth on my personal details. That's the last I'd heard from them for three years as I just forgot/didn't bother to chase it up as knowing I'd not given them any details to go on I assumed it wouldn't go anywhere. I also moved house last year.

Yesterday I bumped into an old neighbour who passed me a letter from Bank Smart which was detailed as a first invoice for £316. I have no idea what it's for as they can't have investigated something I didn't give them details on ?! I followed the online information as per the letter and logged on to my alleged account to verify it wasn't a spam email.

Smelling a rat, I then trawled the Internet and saw the numerous "victims" they have billed in this manner so decided to email their complaints department stating what I've said above, asking for details of who to send a subject access request to, asked for my invoice to be cancelled and I informed them I was going to pass the matter on to the Ministry of Justice, the Legal Ombudsman and cc'd my email to the Financial Conduct Authority.

I have no doubt that none of this will work and they will try their T&Cs scam whereby they say I owe them for "investigating" my claim even though they had nothing to really investigate. Regardless of if they even did have that info, how did they come to the figure of over £300 as people online have stated they were billed the initial £99 + vat ?! I am worried that they will continue to bill/invoice me until it goes up as they've done with people in the past !! Any professional advice would be greatly appreciated on further action I can take. I'll post more info when/if they get back to me regarding my email.

Many thanks folks !

[EXC]

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

What they're trying to charge you for is for all the work done to date, they'll have an itemised invoice with it all on.

Their terms & conditions state that they can do this if you don't cooperate with the claims process (ie their requests for information etc) but only after you've signed their terms & conditions AND each individual letter of authority. See clause 12 here https://www.bank-smart.co.uk/terms_and_conditions.pdf

Can you remember what document (s) you signed?

Also how long was it between when you signed up with them and when you moved house?