Confused about Bank Smart

[Guest]

Re: Confused about Bank Smart

Hi

I would have thought that if you were being invoiced for a service that inivoice would state what that service was.

I would have also thought that it should be clear that a fee was payable no matter what the outcome.

There is nothing on the link.

Peter

[dragoncake]

Re: Confused about Bank Smart

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

HERE IT IS!!

It still makes no sense!!

[Guest]

Re: Confused about Bank Smart

Sorry still nothing on that link.

[dragoncake]

Re: Confused about Bank Smart

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

[dragoncake]

Re: Confused about Bank Smart

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

here it is!!

[dragoncake]

Re: Confused about Bank Smart

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

[labman]

Re: Confused about Bank Smart

Personally I'd ignore them totally and see what they do. Alongside ignoring them I'd report them to the MOJ.

[Guest]

Re: Confused about Bank Smart

Yes
to me the minimum fee reads like it is a cut of the winning court action.
In other words they get 25% or £99 whichever is the greater.
So if the punter only gets £100 back from his claim , he actually recieves £1.

I think that most courts would regard this as enough commission, dont forget this is on top of any costs that they claim.

They could take it to court, but i dont think , given they attitude towards CMCs at the moment it would be very wilse.
Peter

[dragoncake]

Re: Confused about Bank Smart

cmcs?

MIL collections are writing to me...

It just irks me when other collection agencies are involved.

what shall I say to bank smart in response to their email?

[charitynjw]

Re: Confused about Bank Smart

CMC's = Claims Management Companies.

MIL is a Debt Collection Agency, in this case working for Banksmart.

[dragoncake]

Re: Confused about Bank Smart

so how shall I respond to bank smart? I'm finding it really stressful.

shall I contact MIL collections?

[Guest]

Re: Confused about Bank Smart

I am not saying you should send this , just that if I were in your position in think I would, as said the decision must be yours.
Dears Sirs
Re account number
I am afraid that I am unable to agree that any fee is due under the terms of engagement.
The fees you mention appear to be a minimum amount that will be taken from the sum reclaimed.
As you point out there has been no sum reclaimed.
Legislation requires all contracts must be clear and unambiguous in order to be enforceable.
There have been instances where this particular contract has been found unenforceable for the above reasons.
If you wish to try and pursue this through the courts, then that is your right; however there is no justifiable reason for continuing any other debt collection activity.
To be clear, this debt is in dispute, I refer you to the OFT debt collection guidelines OFT664, where it states that attempting to collect debts whilst in dispute may result in an action for harassment
Peter

[dragoncake]

Re: Confused about Bank Smart

you are so helpful ...thanks!

I've noticed other people are also asking alot of questions about this dodgy company...

shall I write to the press about them?