Bank-smart now charging me!

Lyndalpip123

I have a break down in costs to the tune of £280 reduced by 50% if i pay within 14 days. i have been very co-operative but the person replying to my emails is downright rude!
I imagine they will slap more charges on than they've stated. Now I am worried I too have been given a copy of different ts and cs and I no longer have the original copies!

akadawny

I have a copy of the terms and conditions posted on there website previously to the new ones, however I dont know how long they had been there, but an earlier post in this forum (the one who posted a link to them) did so in July 2009. I find it curious that the terms and conditions I suposedly signed only appeared on there website this week, but my claims started in August 2008!! Personally I think they are lying and I dont remember ever being given a copy of my contract or any terms and conditions back in 2008, but without the originals I cant prove it, however surely neither can they?

I never would of agreed to the newer t&c the fees are outrageous!! I have contacted CAB and consumer services, and just waiting now, but I have also emailed BBC Watchdog and I urge everyone to do the same, as the more complaints they get the more likely they will look into it. They told me they change there t&c all the time, surely that cant be legal?

I cant pay the £118.80 they want, sohave no choice but to keep fighting it, but probably gonna end up with a huge bill passed to a debt collector or court costs, still what can I do, I have emailed everyone I can think of to help me

ksasnic

Oh my god... I thought I was going mad..... I am glad to see that I am not.

check claimsregulation gov uk and under business search look up bank-smart.

Interestingly it states here that Only businesses that have been authorised by the Ministry of Justice are legally allowed to provide regulated claims management services.

I started my claim in March/April 2007. They were only registered with the authorities in May 2007 so I would suggest that any claims made before are all null and void... But then again they did send out lots of duplicate copies of letters for us to sign and re-sign so I bet you this covered them for practising before they were registered. Unfortunately that won't hold much cos I know I never sent any resigned letters back and yet they managed to produce a letter and new terms and conditions saying I had signed in August 2007 ????? How can I prove otherwise?

I know I didn't and the letters I received from them do not even state the minimum claim for £100 - On one of my letters to them I did tell them that when I signed up there was no minimum. if there was a minimum how could we know that a claim was under the limit until we had signed up with them and they had started the claim? There was no cool off period which makes sense as at the time I signed up because there was no minimum, I didn't really need one. it was no win no fee, 10% and the interest. I did say so why the heck would I sign up with them if I knew that one of my accounts was under the amount required? I only signed up because at the time there was no minimum obviously!!

Yup 1 account was for £78 was told at the beginning I would receive £71 for that - yup now its cost me £120 and I am only paying because they keep upping it and I just cannot afford it to go up. I keep getting emails telling me to log into my account to see the status of my account but when they refuse to give me my login details how can I? The other account was for £270 ish and yet they won't pay me that until I have paid them for the other account.

When I signed up there was no minimum claim it was just 10% and the interest and at the time that was ok and they would take it off my money when they received it and I would get the rest. This dragged on and on..... I was locked out of my account and despite requests for log in reminders etc they just ignore me. Oh yes they send out bills and letters regularly and each letter they charge you for. So the person who ended up with a steep bill will no doubt find that this is for the 100's of letters they sent out.

Another annoyance was I finally wrote them as they kept chopping and changing their e-mail addresses to ask for my log in details and to tell them that I had set up a standing order from my bank instead of signing their form for them to set one up and could they please acknowledge this and well they ignored me but they managed to send out another standing order form for me to sign. Not a hope I have seen what they have done with my signature. After sending another letter to them I never received my log in details or acknowledgement just kept getting a thankyou for your interest and here is the documents you requested apparently for ppi (their latest plug)!!!

I hate these guys and really want to see them hauled up and dumped in the same hell that they have given to all of us.

Yup I am getting all flustered now, I am rambling

ksasnic

Oh yes just querying their t&c's I note that the recent one they have on their site is version 8. I wonder where version 1 is? Also aren't they supposed to inform us of the updated t&c's. I get a copy sent out from my bank when there are changes are not these bank-smart lot supposed to do the same?

akadawny

With regard to the t&c's it actually states in them that they can change them at any time, without informing us, and that you agree to check the website regularly to see them. Of course it could be argued that the same version were on the website since July 2009, and only just changed!

After seeing the Citizens Advice Bureau this morning I have decided I will have to pay. I dont want to, but without ahard copy of my contract its my word against theirs and I dont stand much of a chance. I have borrowed the £118.80, as I just cant risk having a huge bill! Will send it by recorded delivery tomorrow, but I am gonna photocopy the cheque, and get proof of posting. Unfortunately I will have this all again when my otherclaim with them goes south, but I am just one person against a huge organisation, what can I do!!

akadawny

I will advise everyone though, financial ombudsman cant help, they refer you to ministry of justice, who also cant help and refer you to consumer direct, who wont read any attachments and just give you standard legal advice. In my case they simply stated that if I let it go to court Banksmart would have to prove which copy of the t&c's I signed, and it would be my word against theirs.

It would help if there was actually an organisation that could actually help people, and provide ongoing support for those wishing to fight in court. This isnt the only website with forums on Banksmart, the things they are getting away with are outrageous and noone is helping the people affected. Im lucky my Mum has offered to lend me the money to pay, some people dont have that option. Does the admin know anyone else that can help the people posting here? Some sound advice and someone to help would really save some people alot of worry and trouble.

akadawny

I have a copy of the older t&c's that I took off Banksmarts website on 28th July, they are now displaying a new set. If anyone needs a copy,pls email me at dawn-davies@ hotmail.co.uk and I will gladly send them to you.

LindaTy

I am very suprised at all of this bad press that Bank Smart is recieving on this forum, and think that someone should stick up for them when the company can not respond to any of your complaitns.
Have any of you actually lodge officail complaints with the company themselves? If I want to make a complaint with my bank I have to go throught their porcedure before I can refer my complaint to their regulators and I would imagine it would be the same for a claims management company.

I have a couple of PPI claims going through at the moment and although it is frustrating that i can not speak to them on the phone I found the email supoort team to be very helpful and fast at responding. They were also not named and shamed on watchdog the other week.

akadawny

Linda just because your experience with them has been good, doesnt mean they are that way with everyone, and I should think the overwhelming amount of people who are having difficulties with them should prove this!

Of course I complained to Banksmart first, and they spent a whole 2 days looking into it and refusing it, arent I lucky. PPI claims are different as they hasnt been a ruling from the courts preventing them, as there has with bank claims.

I have now recieved another invoice, for another £118.80 just because I cant prove my contract was no win no fee and its my word against theres, and I cant afford to go to court.

Everyone is entitled to there opinion, but dont expect everyones to be the same as yours!

Milliman

I had a claims going on with Banksmart back in 2009 and forgot about them. they have sent me emails and letters about to claim and stuff and ignored them.
they sent me other emails asking me about PPI,s and other things ignored them too.

yesterday i was sent two emails for an invoice for £119 each for failed claims. there was not attachments or any to the email. just that i had to pay this twice. in each emaill it said i can pay in full or set up an standing order.
i sent them an email saying as you have not claimed any refund for me why should i. i than got a reply back saying this and that and if i dont pay within 14 days the fee will increase as considerable charges had incured.
i than emailed them back saying there is no invoice attached to this so how can i pay and that they cannot set a due date again since the original email contained had no due date on it.

has any one had similar stance with this recently