Bank-smart now charging me!

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  • esmerellda
    esmerellda Posts: 2,237 Forumite
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    Also for ref they have recently changed their terms and conditions to this - to cover their branching out into unenforceable credit agreements; check which version of the terms you have agreed to.

    This basically changes the fee to 29% of the entire claim, as opposed to 10% plus any stat interest claimed.
    2.8) Due to the complicated nature of the claim and the expenses involved, we charge the following fees:
    2.8.1) Twenty nine percent of the amount your bank agrees to pay in settlement of the claim or deduct from any debt you have with the 3rd party plus VAT plus:
    2.8.2) costs (which includes VAT, all court costs and legal fees) requested from the Third Party by the Company and such fee will be deducted from the final settlement payment received from the Third Party or be paid to Bank-Smart by you within 14 working days of receiving settlement should payment be made directly to you or your debt with the Third Party be reduced by the same amount.
    2.9 The costs payable under condition 2.8.2 above will either be deducted from the final settlement received or be payable by you (should payment from the Third Party be made directly by you or your debt with the Third Party be
    reduced by this amount). You agree to authorise payments to be made direct to Bank-Smart under reference EC.2.1.
    2.10 The Company will deliver invoices during the course of the claim for our fees (as set out in condition 2.8) whenever a payment from the Third Party is made (whether or not such payment is in part settlement or full settlement) and for the avoidance of doubt further invoices will be issued whenever any further settlement is paid.
    2.11) You agree to pay a minimum fee of ninety nine pounds sterling plus VAT per claim plus all court costs and legal fees where these have been paid by the Company.
    LegalBeagles
  • lea881
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    jesus now youve panicked me! ive just started dealing with this company.Ive asked to cancel and they have said that they will charge £119 anyway i may as well continue.

    This morning i have been asked to give them my bank details and 2 forms of identity so they can prove who i am. I cant even speak to anyone over the phone and they are not answering my questions fully. So far i have been sent 4 letters saying i owe £119, total around £880! so where should i get this from if im not working? the reason im claiming is because i have no money and then ive had an email saying ill send you a standing order. Im not even totally convinced they are a real company
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
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    lea881 wrote: »
    ... Im not even totally convinced they are a real company

    As they've been to court, I'm sure they really exist ;)

    Though why someone who claims themself to have no money would employ the services of such a claims company is beyond me. :huh:
    Surely you realised there would be fees involved somewhere along the line?

    You can do whatever these claims companies do yourself for free by following the various MSE guides. Your chances of success are the same whether you do it yourself or you pay someone else to download, print and post the letters.

    (Actually you might have more chance yourself as you'll make sure the job is actually done!)
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • zppp
    zppp Posts: 2,476 Forumite
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    I like their website on the signup page:

    NOTE:

    **Estimate based on the information you have provided and averages for previous claims. This
    estimate is meant as a guide only and is in no way guaranteed. Your actual settlement could
    be much greater or much less than this estimate.

    STANDARD TERMS AND CONDITIONS:

    Full terms and conditions will be provided with your no obligation claim pack. Simply complete
    the form above and click Finish. You are under no obligation to use Bank-Smart until you sign
    the contract and return it to us by post.

    IMPORTANT TERMS:

    All claims are subject to our standard terms and conditions.
    A fee may apply if you decide to cancel, no charges are found or you submit duplicate claims.
    All claims are subject to our standard minimum fee.
    Best Regards

    zppp :)

  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    Combo Breaker First Post
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    Who needs the National Lottery, when we have claims companies like this?

    banksmart.jpg

    Yes that really is over £1.5m they estimate they are able to claim on my behalf!

    Any ideas on how to spend my windfall please?
    Answers on a postcard ... :rotfl:
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • zppp
    zppp Posts: 2,476 Forumite
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    Premier wrote: »
    Who needs the National Lottery, when we have claims companies like this?

    banksmart.jpg

    Yes that really is over £1.5m they estimate they are able to claim on my behalf!

    Any ideas on how to spend my windfall please?
    Answers on a postcard ... :rotfl:

    :rotfl: :rotfl: :rotfl:

    I bet you could fit that claim management company's knowledge on these matters on the postage stamp! :rotfl:
    Best Regards

    zppp :)

  • ninjabassplayer
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    These companies are probably set up by by mid level bankers and bank rolled by the banks themselves! It would be interesting to see who the company directors are and if they have any former ties to the banks.
  • Matt_Wales
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    I too have experienced nothing but bad things with this comany, my claim has been going on for 5 yrs, they have got me no money on my bank accounts. About 3 yrs ago they tried billing me cancellation fee's even tho i didnt ask to cancell!! Back then i managed to get a phone number via direct enquiries, (since removed) and told them i have not asked for it cancelled. They then stopped asking for money. Now they are asking me for 20 pounds for fee's they faced for collecting statements from my bank, evben tho i clearly entered into this on a no win no fee basis. I told them this and refused but now they are treatening increasing the amount by requesting debt collection agency to collect monies owed. Since i complained to them they have locked my out of my account so i cant make payment online or see invoice evwen if i wanted too.... :mad:

    I have contacted there regulators ministry of justice but they are unable to action individual cases even tho they back my case and agree they shouldnt charege. me. So I am at a loss no. I could easily pay the 20 pound but i am worried that they will start asking for more, for something else.. they have history of this on forums on internet... I want to get out of contract, but I am worried they will try to bill me again.... ministry of justice said to seek resission of contract as it has gone on over extensive period and not met there end of the deal in getting me charges back.
  • Matt_Wales
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    if anyone else has or has had trouble with this company please complain to regulator at [EMAIL="info@claimsregulation.gov.uk"]info@claimsregulation.gov.uk[/EMAIL]

    I have just spoke to them again but they need complaints from as many people as possible to take any action. I know thre must be others, it only a quick email
  • soozie1964
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    Re : Bank-SMart.... Hi Matt, I have had similar probs recently. They got £200 or so back from Halifax for me 2 Years ago. ( I got £144 of that ) Case was closed Oct 2008..have heard nothing since. End of August started gettting e-mails requesting an 'unpaid invoice for £10.00'.. after god knows how many emails to them asking what it was for, they eventually said it was for a copy of my accounts from the Halifax to persue the correct amount of charges for the claim... I said , 'But that was the initial thing you would have done back in May 2008 ?'..why have you waited 2 years to ask for £10.00, especially as after I received my refund, you then sent me your bill ( in full and final settlement as far as I am concerned ! ) which I paid immediately...where has this £10.00 suddenly appeared from. As per the usual Bank-Smart attitude, have been told 'you owe it, just pay it '....they have now sent me a final demand, threatening court action and costs of £150 + if I dont pay by Monday 1st Nove. !! Also third party debt collectors etc... BULLYS ! Got onto Ministry of Justice ( useless ) also Consumer Direct. They told me to put my concerns in writing and send Recorded Delivery to B/S..have done this today. I will not pay this - I know it is only £10 , but even if it was 50p, if I dont owe it, I will not pay it ! I have been able to access my online account...it says clearly 24/10/2008 Payment rec'd with thanks. Claim CLosed : Status of CLaim CLOSED......then right at the top, on 27/7/2010, this £10.00 has appeared in big red writing OVERDUE. There is a phone number for them I found online 01872 271 001 , but the morons that answer the phone do everything possible to pee you off and are very rude and arrogant. COnsumer Direct said don't bother with phone clls, keep records of everything in writing, send complaint to B/S recorded delivery - they said they doubt very much I would be taken to court for £10, would cost B/S too much. Anyways, I am not giving in to the bullying tactics, bring it B/S, I will look forward to going to court ( should that happen ) and telling the judge exactly how this mob try to run a business.
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