Bank-Smart - Court Claim

[jabill]

Re: Bank-Smart

Hiya

Thanks forthe update.



Letters of Authority expire (and have to be renewed) after 6 months.

See under 'Validity' https://www.bba.org.uk/policy/retail...pi-complaints/

Yes after some research I did realise LOAs do expire but to be honest there are no signed LOAs in my SAR request which further enhances the letters sent to Bank-Smart from Barclays that they are not complying with this request


So it sounds like yours had expired and Barclays were asking Bank Smart for an up-to-date one. Bank Smart might claim that they asked you to sign a new LoA but and you didn't return it. They rely on clause 17 of their T&Cs to charge people who don't return LoA requests a lot.

To be honest there is nothing in my SAR to suggest I ever signed a LOA, which enforces the letters sent from Barclay Card to Bank-Smart they they were not complying with their request for one.

Yes they did highlight clause 17 of the t&c however I think I have a good case in the fact that from the date of my signature on the letter of engagement I received no further contact from them until over a year later, no updates of actions taken against Barclay Card and thats because there wasn't any. I would counter claim that they were in breech of contract.


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

However from what you say it appears that they're attempting to charge you a success fee rather than seeking to recover their costs for breach of contract.

I have never received anything in regards to breach of contract due to documents not being sent back

Furthermore I have just realised that `Bank-Smart illegally tried to make me believe that Barclay card had sent them a resolution and acceptance letter. I Had actually received my resolution and acceptance letter from Barclay Card on 23rd November 2012 directly to me. Bank-Smart emailed me March 2013 stating they had received an offer from Bank-Smart, in fact what they had received was a letter from Barclay Card stating they had dealt wth me directly, obviously they were still trying to pursue a claim even though they had not complied wth the LOA request. They included a copy of the resolution letter that was sent to me. Bank-Smart tried to use that to make believe Barclay Card were still working through them. I think I have explained that ok lol
The more I look through my SAR the more criminal offences I am seeing .

Oh and by the way I have reported Bank-Smart the Consumer Credit Licence as they are still stating their licence number on their website and as their Licence lapsed on 17/1/2017 they are committing a criminal act. I have taken screen shots of it for my reference. I advice others to document this

[jabill]

Re: Bank-Smart

ok that reply did turn out quite the way it should have, think next time I will leave the reply with quotes out. I hope you guys can understand the post though

[EXC]

Re: Bank-Smart

Hi jabill

Understood.

I'm going to send you an e-mail at the address you used to register at LeagleBeagles, if that's ok.

[jabill]

Re: Bank-Smart

Hi jabill

Understood.

I'm going to send you an e-mail at the address you used to register at LeagleBeagles, if that's ok.

I have tried numerous times to reply to the email you sent me but they keep bouncing back

[Amethyst]

Re: Bank-Smart

I have tried numerous times to reply to the email you sent me but they keep bouncing back

Do you want to send it to me ( admin@ legalbeagles.info - no spaces ) just in case there's a problem with excs email and I'll make sure he gets it xx

[EXC]

Re: Bank-Smart

I have tried numerous times to reply to the email you sent me but they keep bouncing back

I've e-mailed you from my personal address so you can reply to that.

[Amethyst]

Re: Bank-Smart

I've e-mailed you from my personal address so you can reply to that.

Cool

[jabill]

Re: Bank-Smart

I've e-mailed you from my personal address so you can reply to that.

Sorry guys, Its been hectic....I have sent an email with documents

[EXC]

Re: Bank-Smart

Thanks. You haven't included the scan of 2nd October where Barclays told BS that they're going to deal with you directly, so can you send it please?

[EXC]

Re: Bank-Smart

Got it thanks.

With regards to this letter from Bank Smart I think they just filled out a claim form and sent it to you to intimidate you into paying. I don't think they've actually filed the claim.

Have you received any documents from the court?

[jabill]

Re: Bank-Smart

Oh yes they have filed, I have court papers, they have had every occasion to back out of it and now they have to pay money by July 28th or it will get thrown out. What has happened here is, when they first filed I was not in possession of my SARs so I didn't have much information for my defence when I filled in the court papers, so bank-smart said I didn't have a good enough defence and saw this opportunity to use the fact I had no real proof ( I knew I had , I was just wating for my SARs)....however since having my SARs and I can now prove bank-smart had no legal standing, the LOA had expired and they did not comply with Barclay card LOA requests. They have backed themselves into a corner and have no choice but to have medation and then pay the court fee

I have mediation on July 13th. I have been bound by the terms of the mediation so therefore I cannot discuss what has been said and done during mediation.

Bit of an update too. I have been in touch with the ICO because is 2015 bank-smart shared my details with a debt collector knowing full well in 2012 they had not complied with Barclay's request for an up to date LOA, therefore they were not invovled in a claim or was legally workong on behalf of myself.The ICO agree with me that they have no reason to involve a debt collector and share my personal details. The ICO have instructed me to wrtie to bank-smart about this and then I have get back in touch with the ICO

[sloane82]

Re: Bank-Smart

That's good to hear hope you get your money back.

[EXC]

Re: Bank-Smart

Oh yes they have filed, I have court papers, they have had every occasion to back out of it and now they have to pay money by July 28th or it will get thrown out. What has happened here is, when they first filed I was not in possession of my SARs so I didn't have much information for my defence when I filled in the court papers, so bank-smart said I didn't have a good enough defence and saw this opportunity to use the fact I had no real proof ( I knew I had , I was just wating for my SARs)....however since having my SARs and I can now prove bank-smart had no legal standing, the LOA had expired and they did not comply with Barclay card LOA requests. They have backed themselves into a corner and have no choice but to have medation and then pay the court fee

I have mediation on July 13th. I have been bound by the terms of the mediation so therefore I cannot discuss what has been said and done during mediation.

Bit of an update too. I have been in touch with the ICO because is 2015 bank-smart shared my details with a debt collector knowing full well in 2012 they had not complied with Barclay's request for an up to date LOA, therefore they were not invovled in a claim or was legally workong on behalf of myself.The ICO agree with me that they have no reason to involve a debt collector and share my personal details. The ICO have instructed me to wrtie to bank-smart about this and then I have get back in touch with the ICO

Ok can you e-mail me the claim form and anything else you've had from and sent to the court please?

[EXC]

Re: Bank-Smart

Hiya

I got your e-mail - thanks.

In our experience Citizen's Advice aren't that good at advising on defending court claims. We would be happy to help you draft your defence, witness statement and exhibits. It's crucial that you get this right as most defences fail because the defendant doesn't fully understand the court procedure and how to present their case.

The issue of Bank Smart's consumer credit license is a bit of a red herring and isn't relevant to claims management activities.

[Amethyst]

Re: Bank-Smart

I've moved the thread down to the Court Claims section xxx
[MENTION=332]EXC[/MENTION] has the claim already been acknowledged ? ( okay ignore that we're at mediation stage so it's been defended - presumably the money needs paying by 28th is the hearing fee? )