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]

[Joncot2570]

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 !

I have exactly the same situation , originally contacted in 2013 , signed original search form, then signed nothing else, then received 3 breaches of contract totalling over £1000 this week

[Joncot2570]

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

Hi Vern
I've just been emailed with 3 breach of contracts for 3 claims , same kind of situation as yours, have you heard any more on yours

[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?

[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 !

[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

[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

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

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

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

[vern]

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

Ok thank you

[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

Here is what they have emailed me

[vern]

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

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

[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;