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Anyone had experience of a company/solicitor doing the work of reclaiming? (merged)

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  • alex1983_2
    alex1983_2 Posts: 6 Forumite
    Tozer. hey thanks for getting back to me.

    I signed something initially to ask them to take on the claim. Didnt read anything about costs etc. Assumed it was no win no feee however, im not so sure now and if it is i think that relates only to the commission part of it. The way it sounds is that I will still be liable for the costs. Is is always the case that the Bank will also settle these costs if they make a settlement?

    It seems like this firm are being a bit rash and want to keep pursuing this when I believe and am quite happy to hold off this till we all get more clarity re rulings and judgements. Last thing I need is to have to fork out money to these guys especially has I have no idea how much it could be.

    Also fact that I dont have a contact and this firm doesnt give out a telephone number is worrying.

    Any thoughts
    Alex
  • alex1983_2
    alex1983_2 Posts: 6 Forumite
    Anyone got any thoughts on this?
    or I am I the only person who decided to get one of this websites to claim on my behalf.
    any thoughts would be greatly appreciated.

    al
  • nimbo
    nimbo Posts: 3,701 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    i don't know about the legalities of using s firm of solicitors for this everyone that i know who claimed back their charges or started to just used the letters from this site, as it was just a case of adding in your own details...

    seemed like too much hard work to get a solicitor to send them, when there was a chance of being stung for charges by them...

    roll on the 22nd is all i say.

    Stashbuster - 2014 98/100 - 2015 175/200 - 2016 501 / 500 2017 - 200 / 500 2018 3 / 500
    :T:T
  • kessik
    kessik Posts: 288 Forumite
    Part of the Furniture Photogenic Combo Breaker
    I reclaimed all my charges and the banks/cc companies/storecard companies that didn't immediately pay up (ie who took it to the court stage) paid me my court fees and MCOL fees. That's what happens when you're on the losing side, you pay the other sides costs. I think most people would advise against using a firm to reclaim your charges when it's so easy to do it yourself but hindsight is a wonderful thing!
  • alex1983_2
    alex1983_2 Posts: 6 Forumite
    well I guess assuming that Im successful in the claim then there is not a great deal to worry about as I guess the firm (banksmart) will claim back their costs also. My concern is that I am not successful and end up having to fork out significant sums or alternatively I am successful but get a settlement figure which doesnt meet their costs in which case I am again out of pocket.

    I putting off returning a letter i have from them asking me how i want to proceed in the hope that I will get a letter from HBOS or something will develop in the meantime
  • Tozer
    Tozer Posts: 3,518 Forumite
    One thing, they are not a firm of solicitors. Therefore, they are not regulated at all - or at least not by the Law Society. They actually wouldn't be able to represent you in court and would have to instruct a firm of solicitors to do so. Sorry to say it but you get pretty much nothing for their "commission".
  • alex1983_2
    alex1983_2 Posts: 6 Forumite
    Thanks Tozer. Just assumed that was what the were. I guess if they are not solicters all they are simply doing is sending letters on my behalf.

    Dont know how they manage to get to their figure of £400 for their services so far. I havent signed any credit agreement with them or anything so hopefully shoudnt be a massive deal? Dont really mind what they charge providing the bank pay these also im just a little sceptical tho.

    I have tried reading their T and Cs but can't make much sense of them at all.

    tozer do you think best bet is to let them continue pursuing this? I think so as the alternative is to pay their fees and any other cancellation costs they decide they want me to pay!

    cheers
  • Tozer
    Tozer Posts: 3,518 Forumite
    alex1983 wrote: »
    Thanks Tozer. Just assumed that was what the were. I guess if they are not solicters all they are simply doing is sending letters on my behalf.

    Dont know how they manage to get to their figure of £400 for their services so far. I havent signed any credit agreement with them or anything so hopefully shoudnt be a massive deal? Dont really mind what they charge providing the bank pay these also im just a little sceptical tho.

    I have tried reading their T and Cs but can't make much sense of them at all.

    tozer do you think best bet is to let them continue pursuing this? I think so as the alternative is to pay their fees and any other cancellation costs they decide they want me to pay!

    cheers

    Have a look under the Solicitors Act 1974 - I didn't think any non-solicitor could charge for dispute resolution procedures but may now be incorrect.
  • aggietrac
    aggietrac Posts: 19 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Bank-smart have been dealing with my claims to get charges back from 2 of my credit cards. I have recently heard from them after months of nothing and they say they are claiming around £400 between the 2 cards. I understand that they have to take a percentage, but now they are saying that they will be taking a minimum of £100+ charges from each card. I had no idea this would be the case and I obviously would not have agreed to this. Is there anything I can do about it? I have no savings and I'm having problems paying off my cards, hence needing the charges back. Does anyone have any advice?
  • alex1983_2
    alex1983_2 Posts: 6 Forumite
    Hi aggie,

    Bank smart pursuing claim for me also. I see that they have added nearly £400 onto my claim of only £700 which I guess is for their charges.

    Im a bit concerned I will be liable for these if they dont win or the settlement figure the Bank gives is lower. Also adding so much to the claim is prob only going to antagonise bank into not coorperating.

    Wish i done all this myself to be honest.

    Al
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