Confused about Bank Smart

[dragoncake]

Like a silly fool I thought Bank Smart were an "above board" company. Until two years on and they started invoicing me. 99 pounds per claim.

At the moment I owe them 450 pounds because of fees and charges. I've been doing some research on the internet and others have also been charged.

Unfortunately I don't have my original contract with them.

I don't feel I should pay so much because they lost the claim. I don't really believe them. Recently they emailed me this

http://www.oft.gov.uk/shared_oft/per...-judgment3.pdf

but it still confuses me.

any advice or what I can do?

BS emailed me this...

Please see attached for the signed letter of engagement which is not No Win
No Fee. The statement regarding the fee in all cases is just above your
signature on the letter of engagement. There is also a statement that
clearly states that Bank-Smart makes no representation or warranty that a
settlement will be obtained or is anyway guaranteed. Please ensure that any
invoices are paid by the due date to avoid incurring further costs.

The claim(s) concerned have not been successful and we have invoiced for
costs capped at £99 + VAT for each of these as you do not have a No Win No
Fee contract with us. The actual costs incurred are likely to be
significantly more than what we have invoiced. Please ensure payment is
made within 14 working days so we can continue to provide you with
settlement(s) of any remaining claim(s). If payment is not made within 14
working days we reserve the right to re-issue the invoice for the full
amount of costs incurred.

[miliitant]

Re: Confused about Bank Smart

well then

say you will consider paying a valid invoice on the condition that you submit to myself all work carried out by your company on my behalf.

if needed i will request this information by a data subject access request, please confirm if this is required

i could start up a company with that clause , do nothing and then demand payment

you say i owe xyz
i say prove it

[CleverClogs]

Re: Confused about Bank Smart

Recently they emailed me this

http://www.oft.gov.uk/shared_oft/per...-judgment3.pdf

but it still confuses me

It'll confuse everyone else, too, as the link doesn't work.

What do you mean by "lost the claim"? Did they just fail to succeed, or did they misplace something?

[dragoncake]

Re: Confused about Bank Smart

http://www.oft.gov.uk/shared_oft/per...-judgment3.pdf

The failed to get my bank charges although STILL INVOICING me...apparently there are hidden charges.

I am sooo confused. I'm not sure what to do with these people...

[CleverClogs]

Re: Confused about Bank Smart

Contact the Ministry of Injustice about those jerks - link 1, link 2.

[dragoncake]

Re: Confused about Bank Smart

I emailed Bank Smart and asked them to show proof they they took my claim to court and they said this


We did not take your Personal account claim to court as we calculated that the cost of the court action would be more than we could recover and have therefore invoiced you for our minimum fee in line with your contract(attached for your reference).

I don't understand why they are charging me...how can I respond?

[Guest]

Re: Confused about Bank Smart

I emailed Bank Smart and asked them to show proof they they took my claim to court and they said this


We did not take your Personal account claim to court as we calculated that the cost of the court action would be more than we could recover and have therefore invoiced you for our minimum fee in line with your contract(attached for your reference).

I don't understand why they are charging me...how can I respond?

Hi

Is it possible to have a look at this contract, i would be interested to kow how they justify charging a fee for not presenting your case.

Can you tell me how you came into contact with this company, particularily who initiated contact.

Do you have examples of the promisses made prior to you signing the agreement.

I think you need to assertain exactly what the service is that they provided that warrrents payment.

Irrespective of the small print in the agreement, if you were led to believe that there would be no risk i do not believe any court would enfoce a claim.

Peter

[dragoncake]

Re: Confused about Bank Smart

Here is the contract attached which I've erased out my details.

Does this explain anything?

I asked them for proof if they took my claim and they sent this...

We did not take your Personal account claim to court as we calculated that the cost of the court action would be more than we could recover and have therefore invoiced you for our minimum fee in line with your contract(attached for your reference).

I don't understand why they are charging me...how can I respond?

Read more at: Confused about Bank Smart - Legal Beagles Consumer Forum

[Guest]

Re: Confused about Bank Smart

Hi
All the fees on here seem to me to be calculaed on the basis of a claim?

Unless anyone else can see otherwise.

Seems to me that a resonable person would expect to believe thst if a claimwas not made no fee would be payable.

THere are two collums one says win with court action one says win without court action there is no breakdown for no win.

I suppose that if a claim had been made and lost there may be a charge, but no claim was made as i understand.

I think a letter asking them exactly wherein the letter it states that a payment was due in the event of a failure to recieve a settlement or a claim was not made.

It does say that win is not guarnteed but i cant see where it says that an amount wil be payable even if a claim is not made.

Peter

[dragoncake]

Re: Confused about Bank Smart

how shall I respond to them?

are they a scam?

[Guest]

Re: Confused about Bank Smart

HI
Dear sir
Thank you for the copy of the terms of engagement.
On examination it seems that your minimum fee for a claim is £99.
Unfortunately as you point out a claim was never made, so I find it difficult to understand on what basis you consider I owe you any payment.
If your claim is for expenses due to processing documents prior to the claim being issued please show the term that confirms any contractual liability for these sums. .
I await your response

[dragoncake]

Re: Confused about Bank Smart

This is their response

The claim was made as soon as you submitted the authority to claim documents. Although we did not specifically issue proceedings on your claims in court all personal account claims were dealt with by the Supreme Court in November 2009 which we have already provided you details of. The costs we incurred were successfully more than the minimum we invoiced you. Please ensure that payment is made without delay or you may incur further charges including possible re-invoicing for the full costs incurred plus any further charges. You have already incurred late fees on all 4 invoices however we will waive these if full payment is made within 14 working days.



IT MAKES NO SENSE!!!

How shall I respond to these crooks?!!

[Guest]

Re: Confused about Bank Smart

This is their response

The claim was made as soon as you submitted the authority to claim documents. Although we did not specifically issue proceedings on your claims in court all personal account claims were dealt with by the Supreme Court in November 2009 which we have already provided you details of. The costs we incurred were successfully more than the minimum we invoiced you. Please ensure that payment is made without delay or you may incur further charges including possible re-invoicing for the full costs incurred plus any further charges. You have already incurred late fees on all 4 invoices however we will waive these if full payment is made within 14 working days.



IT MAKES NO SENSE!!!

How shall I respond to these crooks?!!

Gosh that was quick

You can play letter tenis with them. If you like.

Ask them where exactly your particular case was listed in the supreme court hearing.
Tell them that there is no mention of a fee being payable on loss of the case never mind if the claim wasnt even issued.

Tell them that the scale of the charges due on a sucsessfull claim would indicate to any reaonable person that this would be a no win no fee agreement, and ask them to show the part of the agreement that states charges will be due if the claim was not even presented.

I am sure you can put together a letter form the above.

Or you can just say tthere is no provision under the terms of engagement for this fee to be make.

In the end it is up to you.

If it were me i would just tell them to take me to court if they think i owe the money.

It is either that or pay up. It has to be your decision.

Peter

[dragoncake]

Re: Confused about Bank Smart

thanks your advice has been clear and helpful. I will try...it just seems wrong being charged so much for receiving nothing...

I'm even tempted to write to the national press...:beagle:

[dragoncake]

Re: Confused about Bank Smart

this is their latest response:

The contract stated that all claims are subject to a minimum of £99 + VAT.
The contract is not No Win No Fee, if it was it would say that specifically
on the contract. The details of the case can be found at the OFT website:

http://www.oft.gov.uk/shared_oft/per...k-charge-judgm
ent3.pdf