bank smart fees and invoices

[skallywag64]

Hi

Can anybody help please?

My wife has dealt with a company called bank smart for PPI refund over approx two years , they kept sending out form after form for her to fill in and she got very annoyed and perplexed but did as they asked . Howver she did recieve a refund from yorkshire bank but not through thier work . She signed a third party authorisation letter so they could deal with any PPI but some came back as no PPI was taken ouit,but now there are about 7 or 8 oustanding and they are saying she never sent the forms back which she did and are invoicing us vast amounts for this and also commission for a claim they never won

help?

[EXC]

Re: bank smart fees and invoices

Hiya

This is typical of Bank Smart I'm afraid.

When you say she a third party authorisation letter so they could deal with any PPI, the letter of authority will only apply to a single named bank ie Lloyds. Do you still have it?

Also have you made a formal complaint to them?

[skallywag64]

Re: bank smart fees and invoices

Hi
thanks for replying, i am not sure if we have made an official complaint as such as we have had several e mail exchanges where they threaten court beacause we have not filled out the forms they keep sending but can send you letters we have posted and e mailed
i feel they inundate you with several different claim forms which you think are the same and before you know it you have several open claims on your portal with them when you log in so now we have canceeled them all they want a lot iof money in fees, they claim they got my wife £4000 back from the yorkshire bank but had no documents to back this up. My wife got a phone call from a solicitor about 12 minths after they tried but they must have failed- really dont know what to do as they want £1200 commsion for the £4000 which they only know the amount because we told them
they are threaning court action bailiffs etc and my wife is very worried and anxious

[EXC]

Re: bank smart fees and invoices

Ok the first thing you need to do is make a formal complaint setting out all that has happened and the issues that are in dispute. They have to give a final response in 8 weeks. If they reject it you can then take your complaint the the Legal Ombudsman.

They can only charge you commission for claims they have made. Attached is an example letter of authorisation the version of which would probably have been the same as your wife signed if it was a couple of years ago. In the top field the specific name of the lender should be filled in. If your wife didn't sign one for Yorkshire bank then there is no contractual basis on which they can charge. Clause 1 of their terms & conditions states that any contractual obligation is dependent on on a letter of authority for a particular calim - https://www.bank-smart.co.uk/terms_and_conditions.pdf

[skallywag64]

Re: bank smart fees and invoices

thanks you i have just re complained officially to thier compalints@ address but still not convinced that they will help me ,
i will keep you posted, can they send bailiffs now or does iot have to go to court first if we dont pay the money they ask for?

[EXC]

Re: bank smart fees and invoices

No they can only use bailiffs if they obtain a county court judgment and you don't pay. They're not likely to take you to court as they will know full well that they wouldn't win.

You can always speak to or e-mail the Legal Ombudsman at any point to get advice on how to claim and how their process works, they're quite helpful:

0300 555 0333 cmc@legalombudsman.org.uk

[skallywag64]

Re: bank smart fees and invoices

thansk you i have filled out a form with the legal ombudsman and i will await thier reply, but thank you i feel better and will keep you posted