Hi,
I really am hoping someone can help me here or point me in the right direction? In 2008 I engaged with Bank-Smart claims management company to, I believe, reclaim unfair bank charges but I might be mistaken as it has been so long ago, I also can not remember if I contacted them or if I responded to a marketing advert. I do remember receiving some forms to complete and then didn't hear anything for ages. In 2009 the courts ruled that overdraft charges couldn't be challenged and then I suddenly received an invoice from Bank-Smart (this is why I think my engagement was for unfair bank charges and not a PPI claim, plus I never took out loans / cards with PPI so why would I have tried to claim?). I believed the engagement was no win no fee but again, I can't be sure because it was so long ago. I seem to remember receiving a number of letters over the following year and eventually writing to them explaining that I had not actually received anything and believed that the claim was invalid due to the court ruling, I also remember asking for all the information held on me, I think I even enclosed a postal order to cover the admin charges.
I then heard nothing for a couple of years when suddenly the invoices started again. I ignored them and the letters stopped. Then they started again but I continued to ignore them (this is between probably 2010 and 2013).
In November 2015 I received a letter from Penham excel enforcement agents which stated they had been instructed by Bank-Smart to collect the debt of over £1k in relation to a successful PPI claim (I have not received any PPI claim). On the back of the letter was a breakdown of charges but without description, just Sundry debt and reference numbers and the total value didn't match the value on the front of the letter.
Because I was due to move house but not sure of the new address (had to leave rented accommodation but hadn't transferred contracts on the new house purchase), I emailed Penham explaining this and also that I dispute the claims for the debt. I explained that the only communication I could have was via email and that I wouldn't discuss it over the phone as I wanted hard evidence of any communication. I never heard from them or Bank-Smart and ended up moving out in the December.
Suddenly in September 2017 at my new address I received a letter addressed to me from Bank-Smart stating that they have 'enclosed a credit file request form that will allow you to obtain a copy of your own credit file that can reduce the risks that can cause delays to claims' - I ignored this.
Then yesterday I received another letter titled 'Legal proceeding to be issued against you in court'
It basically states they are taking me to the small claims court unless I pay a value just over £1k and I have 30 days to complete the 'reply form' and a summary of earnings. It has a breakdown of invoices, 7 in total, all are recognisable accounts I have previously held. 6 of them are for £99.00 + vat and another for £265 + vat, there is also debt collection charges and interest too which takes it to over £2k. The invoice dates range from 2 in 2008, 1 in 2009, 3 in 2011 and 1 in 2012 and the descriptions are either 'Costs - Reduced (FOS)' x 3 or 'Commission and Costs - offer [contract breach]' x 4. I do not have any other documentation or paper work, including the letter I sent them back in +/- 2010 or signed contract - why would I, it was 9 years ago.... Also, back in 2010 I was struggling financially and would never, ever, have knowingly signed up to something that would have cost me if they couldn't make a claim, especially at £99 / £265 per account.
So they questions I have are....
Thank you in advance...
I really am hoping someone can help me here or point me in the right direction? In 2008 I engaged with Bank-Smart claims management company to, I believe, reclaim unfair bank charges but I might be mistaken as it has been so long ago, I also can not remember if I contacted them or if I responded to a marketing advert. I do remember receiving some forms to complete and then didn't hear anything for ages. In 2009 the courts ruled that overdraft charges couldn't be challenged and then I suddenly received an invoice from Bank-Smart (this is why I think my engagement was for unfair bank charges and not a PPI claim, plus I never took out loans / cards with PPI so why would I have tried to claim?). I believed the engagement was no win no fee but again, I can't be sure because it was so long ago. I seem to remember receiving a number of letters over the following year and eventually writing to them explaining that I had not actually received anything and believed that the claim was invalid due to the court ruling, I also remember asking for all the information held on me, I think I even enclosed a postal order to cover the admin charges.
I then heard nothing for a couple of years when suddenly the invoices started again. I ignored them and the letters stopped. Then they started again but I continued to ignore them (this is between probably 2010 and 2013).
In November 2015 I received a letter from Penham excel enforcement agents which stated they had been instructed by Bank-Smart to collect the debt of over £1k in relation to a successful PPI claim (I have not received any PPI claim). On the back of the letter was a breakdown of charges but without description, just Sundry debt and reference numbers and the total value didn't match the value on the front of the letter.
Because I was due to move house but not sure of the new address (had to leave rented accommodation but hadn't transferred contracts on the new house purchase), I emailed Penham explaining this and also that I dispute the claims for the debt. I explained that the only communication I could have was via email and that I wouldn't discuss it over the phone as I wanted hard evidence of any communication. I never heard from them or Bank-Smart and ended up moving out in the December.
Suddenly in September 2017 at my new address I received a letter addressed to me from Bank-Smart stating that they have 'enclosed a credit file request form that will allow you to obtain a copy of your own credit file that can reduce the risks that can cause delays to claims' - I ignored this.
Then yesterday I received another letter titled 'Legal proceeding to be issued against you in court'
It basically states they are taking me to the small claims court unless I pay a value just over £1k and I have 30 days to complete the 'reply form' and a summary of earnings. It has a breakdown of invoices, 7 in total, all are recognisable accounts I have previously held. 6 of them are for £99.00 + vat and another for £265 + vat, there is also debt collection charges and interest too which takes it to over £2k. The invoice dates range from 2 in 2008, 1 in 2009, 3 in 2011 and 1 in 2012 and the descriptions are either 'Costs - Reduced (FOS)' x 3 or 'Commission and Costs - offer [contract breach]' x 4. I do not have any other documentation or paper work, including the letter I sent them back in +/- 2010 or signed contract - why would I, it was 9 years ago.... Also, back in 2010 I was struggling financially and would never, ever, have knowingly signed up to something that would have cost me if they couldn't make a claim, especially at £99 / £265 per account.
So they questions I have are....
- Can they actually take me to the small claims court to recover something from 2009?
- What are my options? I can't afford to pay the amount they are demanding and quite frankly do not want to either as I do not agree with the charges
- I have nothing to reference but at the same time do not want to make contact with them to then get inundated with letters and phone calls (it is already making me feel ill)
- If it goes to court, what happens? do I have to appear? do I need a solicitor - can't afford that either?
Thank you in advance...
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