Bank-smart now charging me!

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  • Nasqueron
    Nasqueron Posts: 8,928 Forumite
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    Sparky1969 wrote: »
    Hi I have received paperwork from Bank Smart saying they are taking me to court I enquires in 2011 and only just started receiving paperwork over the last few months however I ignored it thinking it was a scam and now they have wrote to my old address too as far as I am aware I never returned any paperwork to them or signed anything how can they just decided to start sending letters now after 7 years


    Ask them to provide proof of a contract (a wet signature must be provided) and also complain to the Legal Ombudsman
  • AllastairS
    AllastairS Posts: 2 Newbie
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    Hi there, I am currently in court against Bank Smart
    did you manage to create your portfolio against them,?
    If so could you send me it in case I can use any of it please

    many thanks

    Al
  • Alpine_Star
    Alpine_Star Posts: 1,354 Forumite
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    AllastairS wrote: »
    Hi there, I am currently in court against Bank Smart
    did you manage to create your portfolio against them,?
    If so could you send me it in case I can use any of it please

    many thanks

    Al


    Have you actually received a court claim form from Bank Smart and if so what stage are the proceedings at?
  • Alpine_Star
    Alpine_Star Posts: 1,354 Forumite
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    Sparky1969 wrote: »
    If anybody can offer any help I would appreciate it my local solicitors have a clinic once a month I think I might take it there for some advice



    If you have not been in contact with Bank Smart since 2011 then it's likely that any claim against you will be barred under the Limitations Act (6 years).


    Bank Smart are hopelessly inept at legal proceedings and even send letters before claim marked ''without prejudice''.
  • gshack
    gshack Posts: 1 Newbie
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    Bank Smart just contacted me by email to inform me they are sending out final chasers to my lenders. And I should have letters from lenders soon. Also saying that I must provide them with said letters or they will escalate the complaint with them. Letters are needed as they say ‘to avoid unnecessary escalation’. What should I do as I am regretting ever getting involved with this company. I should I think let the claims continue as cancellation could get charged per claim. They also provided me with log in details to view my online account. I don’t want to do this as they can see I have logged in. Should I just ignore???
  • Alpine_Star
    Alpine_Star Posts: 1,354 Forumite
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    edited 7 September 2020 at 5:59AM
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    Never ignore anything from Bank Smart as they will just continue to hound you and clock up their 'costs'. Attack is the best form of defence and you need to make a formal complaint. What documents exactly have you signed so far?
  • Alpine_Star
    Alpine_Star Posts: 1,354 Forumite
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    At long last FCA have finally taken enforcement action against Bank Smart, as detailed on their Financial Services Register listing:

    1. Business requirements

    1.1 In relation to the issuance of cancellation and breach of contract invoices by Symmetric to its customers:

    a. Symmetric must not issue any further cancellation or breach of contract invoices; and

    b. Symmetric must cease pursuing any existing cancellation or breach of contract invoices through, but not limited to, any legal proceedings or debt collection processes.

    1.2 In relation to the charging of commission to customers on any PPI claims initiated after 10 July 2018, Symmetric must not collect commission from customers, or invoice customers for commission, at a rate above 20% excluding VAT. Symmetric is to comply with this requirement until the FCA is satisfied that the appropriateness of commission invoices has been reviewed to the FCA’s satisfaction. Asset requirement

    1.3 Symmetric must not, without the prior written consent of the Authority, take any action which has, or may have, the effect of disposing of, withdrawing, transferring, dealing with or diminishing the value of Symmetric's client book and clients. For the avoidance of doubt this includes the disposal, transfer or sale in whole or in part of Symmetric's customer base. This is an asset requirement within the meaning of section 55P(4)(a) of the Act. Retention and notification requirements

    1.4 Symmetric must secure all books and records and preserve all information and systems in relation to claims management activities carried on by it, and must retain these in a form and at a location within the UK, to be notified to the Authority in writing by no later than on, or before, 7 December 2021 such that they (or, so as not to hinder Symmetric's performance of its business activities, true copies of them) can be provided to the Authority, or to a person named by the Authority, promptly on its request.

    1.5 By close of business on, or before, 7 December 2021, Symmetric must notify in writing all customers affected by the requirements at sub-paragraphs (1) and (2) of the effect of these requirements. The notifications must be in a form to be agreed in advance with the Authority.

    1.6 Once the notifications referred to in sub-paragraph (7) have been made, within 24 hours of those notification, Symmetric must provide to the Authority:

    a. Copies of the template notifications sent to all recipients referred to in sub-paragraph (7).

    b. A list of all parties to whom notifications have been sent pursuant to sub-paragraph (7).

    c. Confirmation that, to the best of its knowledge, Symmetric has sent notifications pursuant to sub-paragraph (7) to all relevant parties.

    1.7 An employee holding a senior management role of Symmetric must send to the Authority by email by 12 noon every Friday (or the following business day should the Friday fall on a Bank Holiday), until such time as it is notified otherwise in writing by the Authority, written confirmation that Symmetric is in compliance with the Requirements.

    2 The Requirements shall take immediate effect and remain in force unless and until varied or cancelled by the Authority (either on the application of Symmetric or of the Authority's own volition).
  • youradds
    youradds Posts: 28 Forumite
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    edited 3 December 2021 at 7:51AM
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    Wow... only taken them 12 years!!!! No wonder these companies run rings about people, and then a lot of the time disappear before anything is even done about them

    ..and wow, I just checked "bank smarts" website... it seems that hasn't been updated in 12 years either going by the design :D
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