Bank Smart issue with trying to charge

nade93

Hi All

I have just had the debt collector MIL on this morning who have been instructed by Bank Smart to recover £124 from myself.

4 Years ago, i instructed bank smart to try attempt to claim bank charges back. The then operated under a system that if no bank charges were recovered, then no fee was taken.

They never recovered any charges and havent heard anything from them until today.

Can someone help me with this as I am unsure as to now why my credit rating is going to be effected by this and why they are chasing me for money that until now has never been requested.

Thanks!

dunstonh

Can someone help me with this as I am unsure as to now why my credit rating is going to be effected by this and why they are chasing me for money that until now has never been requested.

They can go to the small claims court and get a CCJ registered against you and that will destroy your ability to get credit for a good number of years.

However, before you start worrying, they cannot just go straight to court. They have to provide a copy of the evidence showing you owe the money. This has to be given in their court submission and you are given a copy of it. If they cant do this, then the court won't even accept the case. Even if it goes to court, right up to the point the judge makes his judgement, you can agree to pay it and it doesnt go on your record. When you think small claims court, dont think court. It is a judge in informal clothing with you and the other party in a office room asking for both sides opinions. Nothing to be scared of.

What you need now is evidence of the fact you owe them money. Without evidence you do not pay them a penny.

nade93

Thanks dunstonh for the reply thats really helpful

So what would constitute as evidence?

I dont think i ever agreed that I would pay any money

dunstonh

So what would constitute as evidence?

A copy of the contract you signed and the fee agreement. Something to prove to the judge you owe money. he wont just accept their word for it. Otherwise anyone could start billing you for things.