Bank smart

[Samschaad]

I have been having nothing but trouble with this company. Please could someone give me some advice.
i emailed them three days ago as I had not heard a thing from them since last September when they aasured me I had three claims remaining and would be getting a good result.
i said that I assumed my account was closed as I had not heard and then there was some more communication when in the end they said if I cancelled it would cost me up to £400 plus vat. I said I was not paying that it was excessive as they had done no work on my behalf for months and I would get advice re this. Then an email to say they would deduct 30% as a good will gesture.Then Another email to say account was cancelled . When I logged into my account there was two invoice for me for £960.
I have been asking for a copy of the account they want to charge me for as when I look on ,y account its PPI accounts and these has been sent to the FOS and they rejected the claim way back in June 2016 so why was this account still live and now they want to charge me £480 and the 2 Nd invoice exactly the same but this was rejected in April 16. Then when I read my account there is a rejection from the FOS as bank smart were out of the time limit for of 6 months. Even on claims where I was successful and I paid them the asking fee they still had the accounts open saying they wanted to try for more why I ask. Last August I stupidly paid them 13 different invoices because of their threats of court. This is not a nice company at aall they never sign a name at the end of any communication and never give you a telephone number.
do I have to pay ?

[EXC]

Re: Bank smart

Hi Samschaad

Without fully understanding all the issues you have as your situation is quite complicated, the best thing to do would be to make a formal complaint to Bank Smart. If they reject the complaint you are then entitled to go the Legal Ombudsman who has the power to tell Bank Smart to waive invoices/refund any unjustified payments already made/pay you compensation.

I'd be happy to help you draft a complaint but I'd need to know the chronology of your dealings with them.

Bank Smart have a long history of dragging out claims and charging ridiculous amounts for either customers not returning paperwork or cancelling claims and the Claims Management Regulator has recently begun a formal investigation into them https://www.claimsregulation.gov.uk/details.aspx/4036

On the issue of Bank Smart making an out-of-time complaint to FOS, the Legal Ombudsman did make a claims management company pay a customer compensation:

CMC Two made a complaint to FOS on 6 June 2014, and as it was posted, arrived outside the deadline. On 3 July 2014, FOS wrote to Miss C to tell her that they were unable to take her complaint forward as the complaint had been referred to them outside of the time limits.

Miss C complained to CMC Two about its failure to submit her claim to FOS in time. She also complained about Company Two’s failure to inform her that they had taken over her claims.

The Legal Ombudsman determined that CMC Two should pay Miss C £400 for the loss of opportunity to have her claim considered by FOS.

http://www.legalombudsman.org.uk/wp-...e-study-17.pdf

Can you do a screen shot of your account where it says there is a rejection from the FOS as bank smart were out of the time limit for of 6 months?

What were the 13 invoices you paid them for? If they were for 'breach of contract' for not returning paperwork or for cancelling claims we could ask for the payments to be refunded.

[Samschaad]

Re: Bank smart

Hi Samschaad

Without fully understanding all the issues you have as your situation is quite complicated, the best thing to do would be to make a formal complaint to Bank Smart. If they reject the complaint you are then entitled to go the Legal Ombudsman who has the power to tell Bank Smart to waive invoices/refund any unjustified payments already made/pay you compensation.

I'd be happy to help you draft a complaint but I'd need to know the chronology of your dealings with them.

Bank Smart have a long history of dragging out claims and charging ridiculous amounts for either customers not returning paperwork or cancelling claims and the Claims Management Regulator has recently begun a formal investigation into them https://www.claimsregulation.gov.uk/details.aspx/4036

On the issue of Bank Smart making an out-of-time complaint to FOS, the Legal Ombudsman did make a claims management company pay a customer compensation:



http://www.legalombudsman.org.uk/wp-...e-study-17.pdf

Can you do a screen shot of your account where it says there is a rejection from the FOS as bank smart were out of the time limit for of 6 months?

What were the 13 invoices you paid them for? If they were for 'breach of contract' for not returning paperwork or for cancelling claims we could ask for the payments to be refunded.

Hello
Shall I add it to this thread or email you privately the invoices were for various things but I cant remember I paid them stupidly because of their threatening tone and I at the time was worried re any actions towards me. I have emailed and asked for a break down of the invoices but they are poor at replying back to me.
Sam

[EXC]

Re: Bank smart

Hello
Shall I add it to this thread or email you privately the invoices were for various things but I cant remember I paid them stupidly because of their threatening tone and I at the time was worried re any actions towards me. I have emailed and asked for a break down of the invoices but they are poor at replying back to me.
Sam

Hi

Yes please send them and anything else which would help with the complaint ie threatening letters etc and if possible a screenshot of your account showing the rejected FOS complaint.

I've e-mailed you so reply to that.

[Samschaad]

Re: Bank smart

Hello
I have emailed copies all all invoices
Thank you
Sam

[EXC]

Re: Bank smart

Thanks that's very useful.

On the 13 x £20 payments you made it says you paid by ''Web - card''. Did they already have your card details and just put the payments through or did you effect the card payments yourself?

I'll try and draft the complaint and post it here tomorrow.

[EXC]

Re: Bank smart

Draft complaint. Let me know what you think.

Formal Complaint

Dear Sirs

This is a formal complaint which I expect to be dealt with in accordance with CMR Complaints Handling Rules 2015.

My complaint comprises of 3 distinct parts which I expect you to address individually and fully.

From the outset I wish to make clear that should I not be totally satisfied with your response to this complaint I fully intend to take it to the Legal Ombudsman.

Please also note that I have raised the issues detailed in this complaint with the Claims Management Regulator’s investigating officer for Symmetric Systems Ltd .


Complaint 1 – Cancellation Fees

As you will be aware you are attempting to hold me liable for ‘cancellation fees’ totaling £960 inc VAT and I dispute that I should be charged any such fee at all.

I originally engaged your services in February 2104 with a fair expectation that you would conclude any claims I had in a reasonable time frame, yet 3 years on you state that I still have claims ‘outstanding’.

I have repeatedly asked you for the details and evidence of the ‘claims’ you assert to be ‘outstanding’ but you have consistently failed to do so. Prior to me raising the issues in this complaint I have not had any communication from you since September, despite your obligation under the Conduct of Authorised Persons Rules 2014 to ‘’keep the client informed of the progress of the claim’’.

I have repeatedly requested a breakdown of the cancellation fee invoices to substantiate the sums but again you have consistently failed to do so. Instead you sent me a ‘costs report (fees)’ document running to some 80 pages and totaling a staggering £7514.50 + VAT.


Complaint 2 – Statement/Agreement request fees

On 7/5/2015 my account was issued with 13 invoices for ‘Statement/Agreement requests’ at £10 each, which I assume were for subject access requests to my lenders.

Firstly you have not provided me with any evidence that you had in fact made any such requests.

Secondly although the invoices are each for £10, I was charged and paid £20.


Complaint 3 – Out of time complaint to Financial Ombudsman

According to my online account you submitted a complaint (HBOS PPI+ 0521) to the Financial Ombudsman which was rejected on the grounds that it was referred outside the 6 month time limit. Your failure to submit the complaint on time resulted in a loss of opportunity for me to have my complaint considered.


In resolution of this complaint I expect the following outcomes in respect of each complaint ground as follows:

Complaint 1
Waiving of the cancellation fees.

Complaint 2
A full refund of the 13 payments of £20 (total £260). However if you can evidence that 13 subject access requests were actually submitted, a refund of the difference between the invoice amount and what I paid (total £130)

Complaint 3
Compensation of £325. This is based on an average of sums awarded by the Legal Ombudsman in two identical complaints.

http://www.legalombudsman.org.uk/wp-...sold-PPI-2.pdf

http://www.legalombudsman.org.uk/wp-...y-12-Delay.pdf


Finally I would like to repeat that should I not be completely satisfied with your response, I fully intend to take this complaint to the Legal Ombudsman.

Yours

Samschaad

[Samschaad]

Re: Bank smart

Thanks that's very useful.

On the 13 x £20 payments you made it says you paid by ''Web - card''. Did they already have your card details and just put the payments through or did you effect the card payments yourself?

I'll try and draft the complaint and post it here tomorrow.

This is absolutely fantastic thank you so much so shall I send it to the complaints department and how long do I give it for a reply before I go to the ombudsmen
best wished
Sam

[EXC]

Re: Bank smart

No probs, my pleasure.

You can e-mail it to the 'complaints' e-mail address here - https://www.bank-smart.co.uk/ComplaintsProcedure.pdf

Under the rules they should acknowledge receipt of it within 5 days and give you a final response in 8 weeks (from the date you sent it). After the 8 weeks, whether they have issued a final response or not, you can then go to the Legal Ombudsman. If we do we'll have to support the complaint with the documentation we have.

One other thing, is it ok for me to put you in touch with the Claims Management Regulator?

[Samschaad]

Re: Bank smart

Yes of course it is
will get it written up now and email off to them
sam

[Cmesk]

Re: Bank smart

Hi Sam,
I was/am having a lot of problems with these wa*k#rs (sorry for the language but this is the only way I refer to them now)!!

I had a formal complaint draft written up for me by this forum to which I sent off. Funnily enough it was never received!!!! So after the three month period I contacted the Legal Ombudsman to which I got my account lowerd to £63.00 (still not happy with this amount as they've done nothing for me but if it gets them off my back they can have it)..................this amount has been agreed through a lady at the Legal Ombudsman & them but now I can't get in touch to pay them! I've emailed and phoned countless times, getting through once to one snotty woman who said she couldn't take payment because it was being dealt with by someone training? I've even phoned the debt collection agency they had on me but that account hasn't been updated with the new amount!! These people are nothing but scum of the earth & I hope to god some kind of organisation can shut them down for good & their life made a misery like ours are! 0800 7734344 is the number I got through that once on but 999/1000 you get an answer machine!

P.S is it Nick Spooner that's replying to you? I've been trying to email but keep getting mailer demon (unsent) message back

[Samschaad]

Re: Bank smart

Hello
Yes they are an awful company I wish I never met them. Nick has been a fantastic support to me I sent my letter of complaint by email on Sunday so waiting to hear. Hope it's all gets sorted for you something needs to be done.
Sam

[Amethyst]

Re: Bank smart

Hi Sam,
I was/am having a lot of problems with these wa*k#rs (sorry for the language but this is the only way I refer to them now)!!

I had a formal complaint draft written up for me by this forum to which I sent off. Funnily enough it was never received!!!! So after the three month period I contacted the Legal Ombudsman to which I got my account lowerd to £63.00 (still not happy with this amount as they've done nothing for me but if it gets them off my back they can have it)..................this amount has been agreed through a lady at the Legal Ombudsman & them but now I can't get in touch to pay them! I've emailed and phoned countless times, getting through once to one snotty woman who said she couldn't take payment because it was being dealt with by someone training? I've even phoned the debt collection agency they had on me but that account hasn't been updated with the new amount!! These people are nothing but scum of the earth & I hope to god some kind of organisation can shut them down for good & their life made a misery like ours are! 0800 7734344 is the number I got through that once on but 999/1000 you get an answer machine!

P.S is it Nick Spooner that's replying to you? I've been trying to email but keep getting mailer demon (unsent) message back

Just tagging [MENTION=332]EXC[/MENTION] to have a look. Possibly a letter with a cheque/postal order in the post rather than wasting more energy on them - plus I probably wouldn't want to be giving them any card details. What did the LEO actually say then to reduce the amount ?

[Cmesk]

Re: Bank smart

Hi, after over 65 repeated calls one after the other this morning I finally got through to someone who took my payment, I was about to pay with my bank card then thought better of it & paid with an old credit card, at least that way they can't take anymore! Aparrently my account is now closed & will be updated shortly (I'm not convinced).

I'm not 100% on what was actually said between LEO & BS but maybe just the threat of them contacting fended them off a little? I would advise you send the Formal Complaint by recorded post as well as email as they'll just say they haven't received it like they did with me!

Do you think if the LEO get so many complaints about this company they would investigate more or is it a case of complaining to Claims Management Regulator?

[Samschaad]

Re: Bank smart

Hello
thank you for the advice I will send by recorded delivery glad your situation sorted hopefully it's the end for you now.
I wonder if enough complaints are made they would listen something needs to change

sam