having problems with Bank Smart

[dragoncake]

Hi I thought Bank Smart was a straight up, ordinary claims company.

My claims were unsuccessful and now I owe all this money, because they're charging me £99 per claim.

I've attached which was on my contract. I just feel like I've been misled. What can I do? Has anyone had an experience with this dreadful company...:witchy::happy2:

[wales01man]

Re: having problems with Bank Smart

What were they trying to collect and how many claims.Is there a reason the claims failed.
These are just some of the questions those on here who can help may ask as well as others

[Amethyst]

Re: having problems with Bank Smart

The document you have attached appears to be the third party authorisation sent to the bank. Do you have a copy of the terms you signed when signing up with Bank Smart ?

When did you sign up with them? (we do have some of bank smart's terms on the site somewhere I'll look in a tic)

How many claims did you put through them ? Were they all for PPI ?

How much are they trying to claim off of you and how are they contacting you - through a DCA / direct / telephone / writing etc?

[EXC]

Re: having problems with Bank Smart

Here are their T&Cs http://www.bank-smart.co.uk/terms_and_conditions.pdf

Only had a quick scan but can't see any reference to fees that would apply unless the claims were litigated.

What does the invoice describe the charges as?

[dragoncake]

Re: having problems with Bank Smart

Thanks so much for replying...I feel like I'm going round in circles!

I emailed them today and said the document they attached appears to be the third party authorisation sent to the bank. I asked for a copy of the terms and conditions I signed. They sent me this link:
http://www.bank-smart.co.uk/terms_and_conditions.pdf

I don't recall seeing this.

I replied and said my signature isn't on the document. They replied and said my signature is on the previous document they sent me, just below where it says you have read and agree to be bound by the terms and conditions.

I thought that was a third party agreement though?

This is what they're charging me;

Costs (Capped at £99 + VAT) for
unsuccessful claim 25/07/2011 £99.00 £19.80 £118.80 £93.80 (Including £25.00
collection fee)
42404P Statement/Agreement Request Fee(s) 23/03/2012 £10.00 £20.00 (Including £10.00
collection fee)
42405 Costs (Capped at £99 + VAT) for
unsuccessful claim 04/10/2011 £99.00 £19.80 £118.80 £143.80 (Including £25.00
collection fee)
42407 Costs (Capped at £99 + VAT) for
unsuccessful claim 02/10/2011 £99.00 £19.80 £118.80 £143.80 (Including £25.00
collection fee)
42409 Costs (Capped at £99 + VAT) for
unsuccessful claim
I think it's awful that they haven't given me proof that they took my claim to court. I don't know why the claims were unsuccessful. They also didn't mention the £99

What can I do to resolve this awful matter :badidea: :beagle2222:

[EXC]

Re: having problems with Bank Smart

Could you please answer the following:

1) On the 3rd party authorization document you posted up there is no signature or reference to being bound by their terms & conditions to which Bank-Smart are referring to. Have you posted up the complete document?

2) Have they specifically claimed that they took your claim to court?

[Amethyst]

Re: having problems with Bank Smart

This thread might be of worthwhile reference - http://www.legalbeagles.info/forums/...nk+smart+terms

Also some more T&C's for bank smart (though I think they are quite old and on bank charge claims.)
http://www.legalbeagles.info/forums/...670#post231670

• TermsAndConditions_X4.jpg
• bank-smarttandc2.jpg
• bank-smarttandc.jpg

[dragoncake]

Re: having problems with Bank Smart

1. I have attached a doc with my signature on - the coloured shapes is where my signature was.

2. They haven't actually said that they took my claim to court, just says unsuccessful claim.

[EXC]

Re: having problems with Bank Smart

1. I have attached a doc with my signature on - the coloured shapes is where my signature was.

2. They haven't actually said that they took my claim to court, just says unsuccessful claim.

In my view there is nothing in this document that binds you to their terms & conditions. There is simply no reference to any T&Cs.

I would write back in the form of a formal complaint saying:


1) There are no specific terms in the contract that allow them to levy the charges you have been invoiced for.

2) There is nothing you have signed which binds you to the terms and conditions they provided the link for.

Making a formal complaint allows you the right to take your complaint to the Claims Management Regulator should you be dis-satisfied with their response or don't receive a response within 8 weeks. It also prevents them taking legal action during this period.

[dragoncake]

Re: having problems with Bank Smart

I replied back to them and said more or less what you said above


1) There are no specific terms in the contract that allow them to levy the charges you have been invoiced for.

2) There is nothing you have signed which binds you to the terms and conditions they provided the link for.

They replied with this

The terms cover all fees charged. The document you sign binds you to and agrees to the terms. You may wish to consult with a qualified solicitor to explain this to you further.

That doesn't explain anything. What can I say as a response?

Thanks

Dragon :flame:

[EXC]

Re: having problems with Bank Smart

In your reply did you say it was a formal complaint?

If so did they refer to 'complaint' in their reply?

[dragoncake]

Re: having problems with Bank Smart

I said that I'm complaining about the fact that I haven't signed the terms and conditions.

They replied with this

The terms cover all fees charged. The document you sign binds you to and agrees to the terms. You may wish to consult with a qualified solicitor to explain this to you further.

Thanks

Dragon :flame:

[EXC]

Re: having problems with Bank Smart

Ok what you need to do is reply asking if this is their full & final response as per their and the Claims Management Regulator's complaint procedures.

[dragoncake]

Re: having problems with Bank Smart

I said that I'm complaining about the fact that I haven't signed the terms and conditions.

They replied with this

The terms cover all fees charged. The document you sign binds you to and agrees to the terms. You may wish to consult with a qualified solicitor to explain this to you further.

Thanks

Dragon :flame:

[topcatslot]

Re: having problems with Bank Smart

Hi, new to forums, don't really know where to start or who to turn to. Bank Smart our trying make me pay for PPI commission which has already been paid out to the company having won our claims. There T&Cs state that even if someone else completes the work we still have to pay them as well. You might think its laughable but they have now employed a debt collection agency to apply hassle. My thoughts are talk to a legal adviser, if so what type do I need, and at what cost or should I allow it to reach the courts and fight my corner, any help please.

topcatslot