Bank smart

[Amethyst]

Re: Bank smart

And you had no other claims at all - just this HSBC one ?

[EXC]

Re: Bank smart

The letter says they attach ''some of the key documents'', was the HSBC letter the only one enclosed?

I'll draft a complaint in the morning.

[danialjones]

Re: Bank smart

There was no other claims just against hsbc

[EXC]

Re: Bank smart

And you had no other claims at all - just this HSBC one ?

The letter only makes reference to ''a financial claim'' and like you say they're charging more than the value of it lol.

[EXC]

Re: Bank smart

[MENTION=85993]danialjones[/MENTION] draft below.

Check it for factual acuracy and fill in the information where I've put 'xxxx'.

Attach the PDF I've attached to this post and send it to:

legal@bank-smart.co.uk
support@bank-smart.co.uk
julia.cooper@staffordshire.gov.uk

Let us know their response.

Formal Complaint

Your ref: xxxx

Dear Mr Gordon

I refer to your letter of xxxx. This response takes the form of a formal complaint for which I expect you to deal with in accordance with your complaints procedures and those of the Claims Management Regulator. Should I be unsatisfied with the outcome I fully intend to take the complaint to the Legal Ombudsman.

Please note that a copy of this complaint is being forwarded to Bank Smart's Compliance Officer at the Claims Management Regulator.

For the avoidance of doubt I do not hold any liability to Bank Smart in any respect.

Background

In 2011/12 I was employed as a call operative by Guard Cover who were contracted by Bank Smart. I was informed by my manager, Matt Ash, that the company had an arrangement with Bank Smart whereby its employees could make PPI claims through Bank Smart free of charge subject to an upfront deposit for which, from memory, I paid Bank Smart £75.

From that point I had not had any contact whatsoever from Bank Smart until now, although I moved house approximately a year after I paid the deposit. I have no knowledge of the outcome of any claim made through Bank Smart notwithstanding the letter you enclosed from HSBC.

Complaint

1) As detailed above I have no liability to Bank Smart. Despite your letter claiming to attach ''some of the key documents we will be using as evidence to support the case'' you have supplied just a single letter from HSBC and not, as one would expect, any contractual agreement between ourselves or invoice for the alleged sum due.

2) Your letter states that ''we successfully completed a financial claim on your behalf and raised an invoice for our agreed commission'' and the invoice amount is stated to be £797.75. However the PPI compensation offer from HSBC is just £417.18 which, notwithstanding the above, amounts to a commission rate approaching 200%.

3) Your letter is clearly designed to threaten and intimidate me into paying the alleged sum. Your menacing reference to employing a ''Private Investigations firm'' to verify my address is contrary to Principle 1 (a) of the Conduct of Authorised Persons Rules which require you to act fairly and reasonably in your dealings with clients.

I expect you to address each element of my complaint individually and repeat that should I not be completely satisfied with your response I fully intend to take my complaint to the Legal Ombudsman.

Yours xxxx

[danialjones]

Re: Bank smart

thank you so much for that, in my ref part what reference do i put in? [MENTION=332]EXC[/MENTION]

[Amethyst]

Re: Bank smart

Is there no reference on their letter - under the date / address maybe? - If not just leave the ref bit off xxx.

[danialjones]

Re: Bank smart

so i have had a reply from them [MENTION=332]EXC[/MENTION] & [MENTION=6]Amethyst[/MENTION], standard 8 week procedure by the looks of it..

[Amethyst]

Re: Bank smart

Okay so just a 'we received your complaint, let you know' type letter then ?

Nothing to do but wait for the moment then.

[danialjones]

Re: Bank smart

Pretty much by the looks of it

[EXC]

Re: Bank smart

Pretty much by the looks of it

That's quite normal for Bank Smart to acknowledge your complaint, as is them glossing over or ignoring the parts of complaints that they don't want to address, which is why I seperated the issues and ended with ''I expect you to address each element of my complaint individually...''.

Let us know when you get the substantive response.

[danialjones]

Re: Bank smart

Hi [MENTION=332]EXC[/MENTION] and [MENTION=6]Amethyst[/MENTION], i have finally received a letter off of bank smart, which states they have fully investigated the matter, with a final responce to the matter, would you like me to email copies of the letters to you?

[EXC]

Re: Bank smart

Hi @EXC and @Amethyst, i have finally received a letter off of bank smart, which states they have fully investigated the matter, with a final responce to the matter, would you like me to email copies of the letters to you?

Yes, I can't remember if to have my address so I'll PM you with it.

[danialjones]

Re: Bank smart

sent [MENTION=332]EXC[/MENTION] although not in order

[EXC]

Re: Bank smart

Hi Danial

Got it, thanks.

That's a terribly written letter.

2 questions:

1) You've sent me 5 pages - the 3 page response letter, a letter of authorisation and a statement of account. Was there anything else? I ask because the letter states that they also enclosed a letter of engagement and a commission invoice for £150.15 which would be handy to see.

2) On the HSBC letter you'd sent us previously what was the full loan account reference number? I ask because I think that they may be trying to charge you for breach of contract AND commission for the same account/claim which of course is ridiculous.

Obviously they're saying that they've made a mistake in invoicing you twice for the ''breach of contract''. The letter of authorisation they enclosed isn't signed or dated.

Once I'm clear on the questions we'll draft the complaint to the Legal Ombudsman