Bank-Smart

Hi,

I'm looking for some advice and help please.

In 2016 my mum instructed Bank Smart to act on her behalf to reclaim PPI from Shop Direct & Studio (signed letter of authority).

Since that date they have bombarded my mum with emails and letters which have caused her to loose track of what's going on. All these emails and letters are requesting further signatures and responses so they can 'carry on' with her claim.

They have now sent her a court letter demanding over £1000.00 for commission and breach of contract.

I have two letters, dated within the last month, from Shop Direct and Studio confirming my mum didn't receive any PPI refund as she had never paid PPI on her accounts.

I have sent them a complaint email but their response was ' Pay or I'll see you in court ' basically.

I would like to know how I can stop these people from bullying and harassing my mum for money which she doesn't owe them?

They have lied saying she received a refund and are trying to claim commission and now trying to say she has breached the contract as she has not responding to the 100's of letters they send weekly to her.

Any help would be appreciated please - I will also contact the legal ombudsman.

Many thanks!
Tom

Comments

  • Nasqueron
    Nasqueron Posts: 8,631
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    tmaughan94 wrote: »
    Hi,

    I'm looking for some advice and help please.

    In 2016 my mum instructed Bank Smart to act on her behalf to reclaim PPI from Shop Direct & Studio (signed letter of authority).

    Since that date they have bombarded my mum with emails and letters which have caused her to loose track of what's going on. All these emails and letters are requesting further signatures and responses so they can 'carry on' with her claim.

    They have now sent her a court letter demanding over £1000.00 for commission and breach of contract.

    I have two letters, dated within the last month, from Shop Direct and Studio confirming my mum didn't receive any PPI refund as she had never paid PPI on her accounts.

    I have sent them a complaint email but their response was ' Pay or I'll see you in court ' basically.

    I would like to know how I can stop these people from bullying and harassing my mum for money which she doesn't owe them?

    They have lied saying she received a refund and are trying to claim commission and now trying to say she has breached the contract as she has not responding to the 100's of letters they send weekly to her.

    Any help would be appreciated please - I will also contact the legal ombudsman.

    Many thanks!
    Tom


    Ask them to provide proof she had a refund (assuming she hasn't and is just pretending not to) and match that up with her bank statements from the time to prove if she cashed a cheque.


    Realistically if the PPI firm thinks she has had one, likely she has and the bank told the PPI firm they had paid out. Are you sure she didn't?



    Do you know if she had old debts with the policy that supposedly had PPI on it as they could have done a "refund" but offset the money against unpaid debts?
  • Thanks for your response,

    Yes I have letters dated within the past month from both VERY and STUDIO confirming to date she has never received any refund from them.

    Bank Smart have sent my mum the contract they hold and they are only authorised to claim PPI from STUDIO & VERY so this cannot be in regards to anything else.

    They are also saying she has breached the contract by not responding to their letters. I kid you not they have sent two a week for the past two years all stating different information.

    My mum did respond within the first year but got confused with each letter they sent which told her they required more and more signatures from her to carry on with her case.
  • Contact the Legal Ombudsman.
    1.Use our live chat function Mon-Fri between 08:30am and 5:30pm: https://legalombudsman.live-chat-help.com/
    Call us Mon-Fri between 08:30am-5:30pm on 0300 555 0333 or on our minicom 0300 555 1777
    Email us on cmc@legalombudsman.org.uk
    Or write to us at Legal ombudsman, PO Box 6804, Wolverhampton, WV1 9WG

    You can also follow us on facebook or twitter @Legal_Ombudsman
  • -taff
    -taff Posts: 14,423
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    tmaughan94 wrote: »
    Bank Smart have sent my mum the contract they hold and they are only authorised to claim PPI from STUDIO & VERY so this cannot be in regards to anything else.


    Has she complained to any other company and received redress? Are you sure the entire contract does not give them authority to complain to anyone else on her behalf. Most CMCs inculde a clause like this in their contract. It would be unusual for it not to be there.
    Shampoo? No thanks, I'll have real poo...
  • Nasqueron
    Nasqueron Posts: 8,631
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    £1000 for their time, what a joke, some minimum wage admin worker ringing a few people and posting a couple of letters. Just shows why you should DIY
  • -taff wrote: »
    Has she complained to any other company and received redress? Are you sure the entire contract does not give them authority to complain to anyone else on her behalf. Most CMCs inculde a clause like this in their contract. It would be unusual for it not to be there.

    Hi,

    Yes after the initial contract they sent two more to sign which stated the two companies mentioned above.

    She hasn't received a penny is PPI so how can they be charging such a high amount?

    I've contacted the Ministry of Justice and they have confirmed BS are currently under investigation and will add my claim to their logs.
  • Nasqueron wrote: »
    £1000 for their time, what a joke, some minimum wage admin worker ringing a few people and posting a couple of letters. Just shows why you should DIY

    I know yeah, how these companies get away with it I don't know!
  • tmaughan94 wrote: »
    I've contacted the Ministry of Justice and they have confirmed BS are currently under investigation and will add my claim to their logs.
    As above, contact the Legal Ombudsman for CMC complaints. Adding your "claim" to MOJ logs will not assist you personally in any way.
  • As above, contact the Legal Ombudsman for CMC complaints. Adding your "claim" to MOJ logs will not assist you personally in any way.
    Thanks will do
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