Banksmart

[lihi]

Hi there

 

A few years ago when the bank charges claim was rife someone suggested Banksmart who would do on my behalf. I gladly accepted as I had so much on I didn't have the focus to do myself. I appointed them based on them taking a commission, at no point was it clear that I would be expected to make a payment to them if the claim was unsuccessful.

 

This week I receive an email saying I owe them £99 plus VAT for the failed claim. This is for an agreement signed the beginning of 2009. Surprised I emailed back and said I didn't agree to pay for a failed claim, they told me it wasn't a no win no fee and attached agreement.

 

The particulars say. Once we receive your completed documentation we will send you confirmation that we are able to proceed with your claim and your banksmart secure online claim account login details that will give you 24 hour access to all the latest information, letter and updates regarding yoru claim through the secure Bank-Smart online claim system. Apart from signing to the required documents there is little for you to do, Banksmart will professionally manage your claim on your behalf and will endeavour to have your settlement paid to you in the shortest time possible.

 

We charge commission on the amount your bank agrees to pay or deduct from your debt with them at the rate of twenty nine percent (excluding VAT) plus costs (court fees and legal fees) where these have been paid by Bank-Smart and added to the total claim for charges plus interest. All claims are subject to a minimum fee of ninety nine pounds sterling (exc VAT).

 

I have read the letter of engagement and the companys terms and conditions on the reverse and agree to be bound by them.

 

It is my signature and my full name and previous address is written in my handwriting at the top.

 

I am dyslexic and when I read the £99 I thought that was taken off the banks commission.

 

Any thoughts? Why has it taken them so long to make contact?

[dx100uk]

all claims were stayed

tough!!

no win no fee!!

end off

 

dx

[lihi]

That's what I thought and I replied to the email saying that but was told it wasn't on a no win no fee basis. confused!! Have a look at the conversation below

 

Dear

The statement regarding the fee in all cases is just above your signature on the letter of engagement.

There is also a statement that clearly states that Bank-Smart makes no representation or warranty that a settlement will be obtained or is anyway guaranteed.

Regards,

Senior Management Team (Working on a saturday?????)

 

No where on that letter does it say I will incur a fee in the event the claim is unsuccessful, had you have been clear about that I would have done it myself.

 

Currently I do not believe I owe anything.

 

Dear

Please can you confirm your contact telephone number.

(yeh right you must be joking, don't remember getting stupid written on my head).

Please see attached for the signed letter of engagement. The statement regarding the fee in all cases is just above your signature on the letter of engagement. There is also a statement that clearly states that Bank-Smart makes no representation or warranty that a settlement will be obtained or is anyway guaranteed. Please ensure that any invoices are paid by the due date to avoid incurring further costs.

The claim(s) concerned have not been successful and we have invoiced for costs capped at £99 + VAT for each of these as you do not have a No Win No Fee contract with us. The actual costs incurred are likely to be significantly more than what we have invoiced today. Please ensure payment is made within 14 working days so we can continue to provide you with settlement(s) of any remaining claim(s). If payment is not made within 14 working days we reserve the right to re-issue the invoice for the full amount of costs incurred.

Regards,

Dear

 

You have a Bank-Smart invoice with an amount of

£118.80

outstanding in respect of the claim 1111 for

Costs (Capped at £99 + VAT) for unsuccessful claim

.

 

You may make full payment using the secure link below:

Or to setup a standing order over 4 months (the maximum we are able to accept), click below:

 

Please print the standing order form, complete and return to us at the address shown at the top of the standing order.

 

For details of all of your claims/invoices please use the link below:

 

 

and enter the details:

It would assist in maximising your settlements if you could list all companies you have used for loans/mortgages/credit cards/store cards/PPI (payment protection insurance) and Car Finance/GAP policies over the past 10 years and their associated card/account/policy numbers (if known). Please confirm in a reply to this email and we will send you the required forms to maximise your settlement(s). Where you have evidence of a loan or policy please provide it to us as it can assist greatly in settling your claims quickly.

 

For queries regarding this invoice please email

support@bank-smart.co.uk

 

Regards,

 

Client Support Manager

 

 

 

[dx100uk]

hidden charges

 

tell them to go away off

 

see you in court

 

dx

[lihi]

We charge commission on the amount your bank agrees to pay or deduct from your debt with them at the rate of twenty nine percent (excluding VAT) plus costs (court fees and legal fees) where these have been paid by Bank-Smart and added to the total claim for charges plus interest. All claims are subject to a minimum fee of ninety nine pounds sterling (exc VAT).

 

This statement was above my signature, is it still classed as hidden?

[dx100uk]

We charge commission on the amount your bank agrees to pay or deduct from your debt

 

well they haven't so they cannot charge a bean.

 

end off

 

cheeky beggers.

 

ignore them.

dx

[Milliman]

1 you contradict your own statement how can you charge £99 exc VAT. but the invoice clearly says including VAT.

2. how can someone pay for a service that you have not carried out? in your own T&C it says that the agreement was you would reclaim unfair charges and fees etc (or whatever you were reclaiming for a person) and as you have failed to actually do so, and no settlement has been received by a person, then you have failed to fufill you're side of the contract and as such you are not entitled to any monies from any person.

 

See 2.11 which makes it clear you only have to pay per account as and when you receive a settlement on that account. And the same under 2.9 which makes it clear fees under 2.8.2 are payable upon receipt of settlement only.