BankSmart Claimform - Outstanding PPI REclaim Fees - already paid?

[lostthewill]

Hi there

 

I'm not sure if this is the right place for this post - please move it if I've gotten it wrong!

 

This morning I got I have received a claim form from Bank Smart for what they claim to be claims management services and associated costs.

 

I have a long standing dispute with them.

actually paid all the outstanding money in June!

 

 

When I log into my account with them there is nothing showing as owing.

I had some emailing with their 'legal' department because they continued to chase this 'debt'

(it was old because I disputed some of the charges they had added for service that hadn't been done!),

that got resolved and I paid the outstanding invoices in June.

 

I have an email from them stating that there are no outstanding invoices now.

 

Their legal department continued to chase an alleged £60.40 that is outstanding.

I emailed them in July and again in August along with a copy of the email saying nothing outstanding - still waiting for a response.

I chased the response just yesterday.

 

Roll on to today when I receive a claim form for claims management services for the sum of 407.94,

plus 50 for debt collection,

plus 59.32 for stat interest,

plus 180.00 for legal and admin costs,

plus daily interest,

plus undetermined 'costs'

 

How do I dispute this?

I am convinced that I have paid all that is owed,

when I log on I cannot see any outstanding amounts to pay.

 

 

They are absolutely useless at providing any documentation.

They STILL have a copy of my marriage certificate which they requested for a claim which they have since done nothing with bit still hold.

 

I've not had a claim form before and I'm not sure where to start!

 

Thanks in advance

[Surfer01]

Take screen shots of the account showing "Null". You can only get a CCJ if you have been issued summons to appear in court. It is only then granted if you lose the case and then you still have 28 days to make a payment. I think it is a DCA trying to spoof you. However others with more knowledge will be along to advise better.

[dx100uk]

please complete this:

 

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

[dx100uk]

need that link above done please

a claimform has time limits for to do certain things...

[lostthewill]

Take screen shots of the account showing "Null". You can only get a CCJ if you have been issued summons to appear in court. It is only then granted if you lose the case and then you still have 28 days to make a payment. I think it is a DCA trying to spoof you. However others with more knowledge will be along to advise better.

 

Hi I tried to log in to my account to do this but they seem to have deleted my account as my username is now magically one digit too long!! Very odd Asmara I had managed t log in last week. I do have an email from them saying all has been paid however.

[lostthewill]

Name of the Claimant ? - symmetric Systems Ltd t/a Bank Smart

 

Date of issue . - 20 sept 2017

 

What is the claim for –

1. £407.94 for Claims management services by the claimant to or for the defendant at the request of the defendant particulars of which have been supplied to the defendant.

 

2. The claimant also claims the sum of £50.00 in respect of debt collection agent fees, pursuant to the claimants terms of business.

 

3. The claimant claims the further sum of £59.32 in respect of statutory interest pursuant to section 69 of the county court act 1984 at the rate of 8% a year.

 

4. The claimant claims the further sum of £180.00 in respect Of legal and other administration costs Persians to the claimant's terms of business.

 

5. The claimant also claims statutory interest at the above daily rate of £0.1 from the date hereof to payment or judgement whichever is sooner

 

6. Costs

 

What is the value of the claim? £757.26

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CMC PPI reclaim Fees

When did you enter into the original agreement before or after 2007? After, it was around March 2013

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Bank Smart, there is no creditor.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, they had a debt collector (with the same address as them) email me twice, that's all.

 

Did you receive a Default Notice from the original creditor? No as no credit account, it's for PPI claims service (lack of!)

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, see above

 

Why did you cease payments? I didn't, I had an accident resulting in a broken back, I have been out of work and have a disability as a result, I was genuinely unable to pay the invoices as I had nothing but DLA to live on. They are aware of this and we had several email (they have no telephone numbers!) about this. I paid the invoices in July 2017 once I had managed to return to work part time.

What was the date of your last payment? I paid all of The outstanding invoice that I could see on my online account in July 2017. There are no others outstanding and nothing showing on my account. I cannot log in now as they appear to have disabled my account.

Was there a dispute with the original creditor that remains unresolved? No, other than my complaints about their charges for not replying when I was bedridden in hospital and when I had my handbag stolen that contained a letter to them. I haveemails to this affect.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management - I emailed them as soon as I was out of hospital (was in for 2 months) and explained, they agreed to wait until I was back in work for payment.

 

I hope this helps and I haven't missed anything.

 

Background: I had a riding accident in 2014 and had a broken back (9 vertebrae) and several broken ribs. I was self employed prior. I have had 3 years of having to learn to do everything again, and no suffer with numbness and limited movement as well as COPD. But I am back at work and my first pay was used up paying their invoices!

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to them

.

don't sign anything

.

dx

[dx100uk]

they cant just say see the bill we've already sent the defendant!!

they must break it down.

[lostthewill]

Thank you, I will do this and keep you updated.

[lostthewill]

Thank you, I will do this and keep you updated.

 

The CPR request was sent recorded delivery this morning.

[lostthewill]

The CPR request was sent recorded delivery this morning.

 

I have received back a pack from Bank Smart. In encloses the following:

 

1. A list of the charges - this is word for word what is in the particulars of claim.

 

2. Copies of invoices

- these are invoices relating to the court charge and legal costs as mentioned in the particulars of claims.

 

These invoices state a totally different account number of password to my usual account and I have not received these prior to this date.

 

3. A copy of the contract documents

- these were never in question

- I know I foolishly agreed to their terms!

 

4. Proof of refunds

- includes two refunds and copies of invoices

- these are genuine refunds and should be payable

- however these invoices are not shown in my account online and haven't for a very long time now

- therefore as I look at my account it appears that all invoices are paid.

 

And this appears to be the case for their staff too as they have confirmed by email that my account has no outstanding invoices!

 

Had these invoices been shown on my account in July when I paid their invoices these would have been paid then too.

 

I think they have removed the invoices when they commenced debt collection, thus not allowing me to easily repay.

 

I did ask them for a copy of all debt collection activity in my CPR letter and they have ignored this.

 

My letter to them was the template from the files.

 

I'm not sure what to do next.

 

The invoices are genuine

BUt I feel like I've not had far opportunity to repay these invoices due to them not being shown on my account as outstanding.

 

What can I do?

Can I defend this or do I have to find nearly £800 from nowhere?

 

I am self employed and didn't draw a wage at all last month due to a lack of work.

I only have DLA to live from.

[dx100uk]

Not looking good then

But they cant get blood out of stone

[AndyOrch]

Consent Order with the claimant or perhaps a Time Order ?

[lostthewill]

Consent Order with the claimant or perhaps a Time Order ?

 

Sorry to sound totally ignorant - what are those? Tia

[AndyOrch]

https://www.consumeractiongroup.co.uk/forum/showthread.php?382658-Time-Orders

 

Consent Order stays the claim with a an agreed settlement ...no CCJ

 

Time to have a read of other threads.

 

Andy