PPI claim company taking me to court for fees.

[Miss-]

Re: PPI company taking me to court for fees.

Oh yeah!

And also, as I was preparing my papers for court on Friday I found an email I received from CFC to advise me the claim had been referred to Financial Ombudsman in October 2010!.. So my claim was sat there at the FOS until August 2011 when I contacted them!

[Simon Penaluna]

Re: PPI company taking me to court for fees.

Hi, I think I've sent you a reply, but not too certain if you have received this. I've been in the same situation and would like to discuss this in more detail with you. I've recently involved the ministry of justice and the advertising standards agency about this company and I'm currently in he process of taking them to court myself. Have a look on the www under complaints about consumer finance claims ltd, even the guardian news paper had a spread about it. The person you spoke to was probably Denis Shail, he was very rude to me whilst on the phone, plus there's a Jenifer Shail who told me to shut and listen to her whilst I was on the phone to her, a very rude lady!!!!!!!

[TUTTSI]

Re: PPI company taking me to court for fees.

Hi Simon
Miss ... has not been on this forum since August 2012 so she may not have received your PM.

If you could start a fresh thread with where you are upto and sequence of events we can try and help you further, although it sounds like from what you are stating that you have things pretty much under control.

Bank Smart Ltd Company is

Name & Registered Office: SYMMETRIC SYSTEMS LTD c/o SYMMETRIC SYSTEMS LIMITED T/A BANK-SMART 71-75 SHELTON STREET COVENT GARDEN LONDON UNITED KINGDOM WC2H 9JQ

Status: Active Date of Incorporation: 10/08/1999 Country of Origin: United Kingdom Company Type: Private Limited Company Nature of Business (SIC): 62090 - Other information technology service activities Accounting Reference Date: 31/08 Last Accounts Made Up To: 31/08/2011 (TOTAL EXEMPTION SMALL) Next Accounts Due: 31/05/2013 Last Return Made Up To: 01/02/2012 Next Return Due: 01/03/2013 Last Members List: 01/02/2012 Previous Names: No previous name information has been recorded over the last 20 years. UK Establishment Details There are no UK Establishments associated with this company. Oversea Company Info There are no Oversea Details associated with this company.

From the MOJ web site
Claims Management Regulation
»
Claims Management Regulation
Business Details

Business Name: Symmetric Systems Ltd Address: Second Floor
Chiltern House, City Road Town/City: Truro Postcode: TR1 2JL County: Cornwall
Trading Names: Bank-Smart, Debt-Smart, Banking Consumer Complaints Resolution (UK), Financial Consumer Complaints Resolution (UK), Mis-sold Mortgage Consumer Complaints Resolution (, PPI Consumer Complaints Resolution (UK), Claim Smart Sectors: Employment matters, Financial products/services, Personal Injury Authorisation Number: CRM4036
Company No. 03822846

[dolores]

Re: PPI company taking me to court for fees.

Good Morning to you all, (Apologises in advance for the long thread! but its interesting..)

I hope someone or anyone will be able to help me!

I am being taken to court for PPI fees by a Company called Consumer Finance Claims (CFC) . I was awarded aprox £2220 from PPI for a car finance agreement. However, I dispute that the PPI company should be awarded their fees in full as they did not assist me fully with my claim...

I referred my PPI claim to CFC in January 2010. They were extremely helpful as you would expect. My car finance payments were £331 and the agreement was due to run until December 2012. The PPI was aprox £60pcm. I was having difficulty paying the monthly payments due to a change in my circumstances. I spoke to the car finance company regarding reducing my payments until the PPI was resolved but they refused.

Months had passed on my PPI claim and a few letters had been sent back and fourth, I was forever emailing CFC for an update which was normally a response to apologise for the delay and they would be in contact with any developments. In October 2010, I noted I was also paying shortfall insurance and breakdown warranty to the car finance company and I contacted CFC regarding this and I filled out further paperwork relating to these insurances and provided information and an agreement was signed.

By June 2011, I was becoming very annoyed. Communication from CFC was poor. I called CFC only to have a man answer the phone and act as if I was disturbing him and had a poor attitude and basically telling me 'If we have anything to tell you - we will contact you'. This was the last time I called CFC. I sent emails to CFC and the response I received was literally 'Your claim is in progress, you will receive an update in due course' and it was signed Consumer Finance Claims - so without a person's name for me to chase up on.

I decided to bypass CFC and contact Car finance company directly myself for an update. My claim had been referred to the Financial Ombudsman and basically I was one the phone to both parties providing information. I was informed in August 2011 following a phone call to Financial Ombudsman that my claim was successful and they sent a letter directly to myself to confirm this. A week later, I receive a letter from CFC to confirm my claim was successful. I was sent letters from Car Finance company to confirm the breakdown of the money awarded etc. None of these letters were ever sent to me from CFC, despite them receiving these copies too. They also, did not inform me that I could dispute the amount if I was unhappy with this but the Financial Ombudsman did.

I was also informed by the Financial Ombudsman that my claim for shortfall and breakdown had been returned back to CFC, informing them they would need to make an application to the FSCS. This was never done. I requested a copy of this letter. This letter was sent to CFC in May 2011.

Once I received the fees, suddenly CFC remembered I existed and were sending me letters with an invoiced amount for £454 aprox. Their fees are 20% - so this figure is incorrect. I wrote a long complaint to them in December 2011 requesting a copy of our agreement and asking why they had failed to respond to my previous emails and had not upheld by pursuing my claim. I believe they were trying to manipulate the claim for their own benefit, as I was still repaying the car, the more money I repaid on the car the more compensation I would be liable to receive (their fees are deducted from compensation received), as any monies not paid on the account which adjusted/refunded directly on to the account. If you know what I mean!?

Anyway, I received a response from CFC about my complaint 5 days letter! which was very short basically stating they upheld their contract and I needed to pay the account within 14 days or they would refer to court.

I have now been referred to court. My court date is next week! I filed a defence and provided my documents etc.

But really I would just like to know - Do you think I have a case against this company?

- They invoiced the incorrect amount in the first place
- They did not pursue my claim fully for the shortfall and breakdown insurance (I am doing this myself now - independently)
- Their lack of communication was poor
- I had to contact the Financial Ombudsman and Car Finance Company myself (I have letters with proof).
- They have not sent me a copy of the agreement despite me requesting this in December 2011.

They are requesting court fees of £35 plus interest 8%?

I am not unreasonable and I do believe that they should receive part of the compensation but certainly not all of this as they did not do the job fully!

Please help if you can!

Is the firm you are talking about called Bank Smart of Truro, Cornwall ? They are threatening me with the Bailiffs and taking me to Court as well and I have done nothing wrong

[Amethyst]

Re: PPI company taking me to court for fees.

Is the firm you are talking about called Bank Smart of Truro, Cornwall ? They are threatening me with the Bailiffs and taking me to Court as well and I have done nothing wrong

Hi Dolores, Do you want to tell us a bit about the case and see if we can help, have they submitted a court claim against you for fees ?

Welcome to LB
xx

[dolores]

Re: PPI company taking me to court for fees.

Hi amethest, here is my story about Bank Smart, forgive me I have only just joined and am not sure yet if I am doing it right

Around about the time by husband died, i was contacted by several firms about ppi. I ignored them because i was grieving for my husband but one firm, smart bank of truro cornwall contacted me, it is very confusing, but they apparently sent me a form to fill in about a bank loan i had from my bank, i couldnt remember the year so if i did fill in this form, as they say, i could only have partly filled it in. I heard nothing for ages, now they are harrassing me for £270 approximatley and they keep saying i have cancelled with them which i havent, now they are threatening to send bailiffs round and take me to court and i have told them i have no money. I am 70 years old, live alone with my three small dogs, and this is making me really ill, i just dont know where to turn. There are six pages of complaints about smart bank on the internet. They have no telephone number on their letters and have told me to e mail them which i have done several times, but they never answer me. Since my husband died i am £250 a week worse off and have had to use my credit card when my money runs out, only for food and vet bills, i cannot buy any clothes anymore, but i make do with what i have. I do not claim any benefits, i am at my wits end. Can you help me please ?

[EXC]

Re: PPI company taking me to court for fees.

Hi amethest, here is my story about Bank Smart, forgive me I have only just joined and am not sure yet if I am doing it right

You're doing fine.

I'm sure Amethyst will respond but do you have the correspondence from BS regarding the money they say you owe?

[Amethyst]

Re: PPI company taking me to court for fees.

This company do make me so mad. Please don't worry about bailiffs, they can't do that without taking you to court first, and to do that they'd have to show you owe them the money in court, which they can't do.

Are they writing to you ? Would you be able to take a picture of their letters and send me a copy ? admin@legalbeagles.info if emailing is easier than posting them on here, or if they have emailed you you could forward those to me.

We'll help you put together a letter to them to ask them to leave you alone and cc it to the Claims Management Regulators.

I'm sorry to hear about your husband xxx Shall we have a look at your financial situation and see if you are getting all benefits etc you are entitled to as you really shouldn't have to live off credit cards, as that situation is just going to implode at some point so need to help you get things back on a level.

[dolores]

Re: PPI company taking me to court for fees.

All this threatening has only happened recently, I cant make head nor tale of what they are saying. As I said I was very confused and upset about my hubby at the time they contacted me and I truthfully cannot remember signing any form with them but I might have. They recently sent me another form to fill out, asked me to sign it and send it back to them. I didnt sign it or send it back but I did send them my husbands death certificate which they also asked me for. Tomorrow I am going to try Citizens Advice, so far they have only thretened to take me to court and also threatened me with Bailiffs. The last leter I wrote to them four days ago said I was going to seek legal advice about it all.

Thanks so much for trying to help me, I am quite willing to go to Court, because I have done nothing wrong but I truthfully cannot afford to pay them the money they are asking for, I am living month to month now, without my small dogs I dont think I would be here now writing to you

[dolores]

Re: PPI company taking me to court for fees.

I am keeping all their recent correspondence, my scanner has broken on my printer so I cannot scan their letters, I wish I could.

Thank you

[EXC]

Re: PPI company taking me to court for fees.

If you could get them photocopied you can post them to us.

[Amethyst]

Re: PPI company taking me to court for fees.

As EXC says could you post us photocopies (our address is at the bottom of this page) or could you take a photo with a webcam or phone?

Going to visit CAB is a good idea, they will be able to write on your behalf, and they will also be able to go through your finances with you and make sure you are getting the support you need.

I've taken your email address off your post (and your name) as its best to keep these things private.

[dolores]

Re: PPI company taking me to court for fees.

I do not get any benefits whatsoever and I have worked all my life, I was in the Civil Service for 25 years so I get my old age pension and a civil service pension but I have a lot of bills to pay out of my two pensions and since I have lost my husband's money I am not doing too well, so all this hassle from Bank Smart is not helping

Dolores

[Amethyst]

Re: PPI company taking me to court for fees.

Emails: complaints@bank-smart.co.uk
Address: Bank-Smart, Complaints Department, First Floor, Building A, Green Court, Truro Business Park, TR4 9LF
Complaints line: 0845 073 7149

Give that number a try, ask to speak to Amy, you'll probably not get through but worth a shot xx

[dolores]

Re: PPI company taking me to court for fees.

Emails: complaints@bank-smart.co.uk
Address: Bank-Smart, Complaints Department, First Floor, Building A, Green Court, Truro Business Park, TR4 9LF
Complaints line: 0845 073 7149

Give that number a try, ask to speak to Amy, you'll probably not get through but worth a shot xx

Went to the CAB waited nearly 4 hours to see someone, witnessed whilst there a fight between a man and a woman. They told me to send a letter of complaint to Bank Smart and to ask for copies of the signed agreement I had with them, I have done that, dont hold out any hope now but they cant take money off me which I havent got.