WON!!! Bank Smart breach of contract charges!

[Cmesk]

Re: Bank Smart breach of contract charges!

I've sent my formal complaint off to Bank-Smart, thanks for all your help after reading all the horror stories about this company I was really worried but it's nice to see and hear people can help with this sort of stuff!...............I've just contacted my Mortgage provider and it turns out Bank-Smart haven't even been in contact with them regarding any kind of claim!

Please tell me I'm right in thinking if they haven't done this they have nothing to charge for?

Once again thanks again for your advice

[EXC]

Re: Bank Smart breach of contract charges!

Please tell me I'm right in thinking if they haven't done this they have nothing to charge for?

Not necessarily. They may be claiming that they sent you a letter of authority to sign giving them your authorisation to approach your mortgage provider and you didn't return it.

Bank Smart rely on clause 12 of their terms & conditions that they believe entitles them to charge for their costs in such circumstances:

After engaging our services (by signing these Terms and Conditions and each individual Letter of Authority) you agree to cooperate with the claims process in its entirety and therefore failure to complete & return documents required for your claim may result in a breach of this agreement and we may seek to recover our reasonable costs if we are unable to complete our services as a result.

https://www.bank-smart.co.uk/terms_and_conditions.pdf

However you said in your first post that ''The last letter I received was to say they looked into my mortgage account and found I had ppi to claim but no bank charges''. So if you have that it might help.

Did you sign a letter of authority with them? If so it should look like the one attached. What did yours say in the top box who your lender was?

[Cmesk]

Re: Bank Smart breach of contract charges!

Hi, it won't let me see any attached file but to be completely honest Ive not sent them anything else apart from the original contract, as far as I'm aware everything they have asked for have been dates & chargers for defaults?

I'll await the outcome of the complaint and see where it goes from there

Thanks again

[Cmesk]

Re: Bank Smart breach of contract charges!

Bank Smart now have a phone number! 0800 733 4344

They have just sent me an invoice

[EXC]

Re: Bank Smart breach of contract charges!

Can you send it to me?

[Cmesk]

Re: Bank Smart breach of contract charges!

The invoice? Or Number?

[Joncot2570]

Re: Bank Smart breach of contract charges!

Received a letter in the post today confirming my complaint

[sloane82]

Re: Bank Smart breach of contract charges!

Good to hear.

[EXC]

Re: Bank Smart breach of contract charges!

Received a letter in the post today confirming my complaint

Good that's quite normal to acknowledge the complaint, we just have to wait for the final response.

[EXC]

Re: Bank Smart breach of contract charges!

The invoice? Or Number?

Thanks, got them.

The invoices are apparently for 3 cancelled Northern Rock claims. They don't appear to be invoicing you for the claim they say was where the lender has confirmed their is no ppi to be claimed.

A few questions:

Were Northern Rock your mortgage provider?

How many accounts (loan, mortgage or other) did you have with Northern Rock?

Do you have your Bank Smart Letter(s) of Authority?

[EXC]

Re: Bank Smart breach of contract charges!

I'm sorry but I've looked high and low for the contract/letter of authority but I can't find it. Am I right in thinking I can make a Subject Access Request to get all the information exchanged between myself & bank smart also bank smart and northern rock?

As far as the Loan is concerned I'm pretty sure it is a separate part to the mortgage because my statement says secured loan separate to the actual mortgage.

I think an SAR would be a good idea. It will take up to 40 calendar days and cost a tenner but would be worth it.

When you make the SAR I would say that you particularly want it to include copies of:

• Your signed contract
• Your signed letter(s) of authority
• The actual invoices (not just the summary of them)
• Details of how the charges are broken down
• All communication between Bank Smart and Nortern Rock
• All communication between Bank Smart and yourself

[Cmesk]

Re: Bank Smart breach of contract charges!

Ok, I'll get on with that today thanks!

[sloane82]

Re: Bank Smart breach of contract charges!

Make's sense, and then you can check your charge's. and what interest was added, also what PPI was added.

[Joncot2570]

Re: Bank Smart breach of contract charges!

Received an update letter 4 weeks ago just saying that they're still looking into my complaint, but still no reply, it's been 8 weeks today since I sent the formal complaint by email

[EXC]

Re: Bank Smart breach of contract charges!

Received an update letter 4 weeks ago just saying that they're still looking into my complaint, but still no reply, it's been 8 weeks today since I sent the formal complaint by email

Ok that means you can now take your complaint to the Legal Ombudsman.