Capital Resolve & bank-Smart

[cards down]

Hello All,

This morning, some 24hrs after the lapse of the account being taken off hold the attached landed on our doormat. Capital Resolve are the second DCA to attempt to collect this speculative debt. A couple of years ago MIL Collections had a go also.

Bank-Smart have been chasing a payment for their invoices for longer than I can remember for a No Win No Fee service that was offered to my wife for the attempt of reclaiming unfair bank charges back in 2007. We have had years of email ping pong with Bank-Smart about the account being No Win No Fee and they then changed their tune a couple of years back insisting that my wife had cancelled the claim and that the invoices were for cancellation fees.

This matter has gone beyond boring and after receiving the attached letter we have decided that we would like to put this matter to bed for once and for all. We are looking for some help with drafting letters to get these people off our backs.

Any help will be much appreciated.

[nemesis45]

Re: Capital Resolve & bank-Smart

Hi,
First thought Dear Mr Peters BOG OFF!!
It's a standard " we may" letter.
What we need to know if possible is when the first invoice was issued for this, because if no payment or unequivocal written acknowledgment of the alleged debt has been made in 6 clear years the debt is statute barred and you can be rid of them once and for all.
nem

[EXC]

Re: Capital Resolve & bank-Smart

Bank-Smart have been chasing a payment for their invoices for longer than I can remember for a No Win No Fee service that was offered to my wife for the attempt of reclaiming unfair bank charges back in 2007.

One argument that you could use is that from 27 July 2007 (the date that the OFT bank charges test case was announced) the FSA granted banks a complaints handling waiver putting all bank charges reclaiming on hold until 25 November 2009 when the Supreme Court effectively ruled that bank charges couldn't be reclaimed anyway.

So if they're attempting to charge you for work done up to the point you cancelled, it's work that either couldn't have been carried out or work that would necessarily have resulted in a failed claim.

[cards down]

Re: Capital Resolve & bank-Smart

Hi Nemesis,

Thanks firstly for your reply, we no longer have the emails from when BS first started sending their invoices and this is how we originally had a record of what was sent, but from what I remember the only reply they received from my wife was to state the fact ‘no win no fee’ each time they sent their email requesting payments. She even spoke to them on the phone stating that she would never have taken anything out with them if it was not for them saying no win no fee.

We heard nothing from them in years and then I think back in 2011 they sent emails asking for more forms to be filled in so they could claim back PPI. This is when my wife told them she wasn’t interested and she wouldn’t be sending in any more forms. This is when they then decided that my wife had cancelled and started billing for a cancellation fees. I am wondering if a SAR to BS may help clarify things.

[cards down]

Re: Capital Resolve & bank-Smart

Hi EXC

It may be that they decided to push for cancellations because of what you stated in post #3 and they simply wanted to ensure they could get payments from their existing database. They claimed to have a ‘confirmed email’ of cancellation, and it is the fees for that alleged cancellation that they have been pushing for over the last 5 years.

[cards down]

Re: Capital Resolve & bank-Smart

Thanks to an edited template from Beagles, the following is off to Cap resolve via recorded mail. Hopefully the start to the end................again.


Dear Mr Peters

Case Number ******
Client Reference ******

you have contacted me regarding the account with the above case number, which you claim is owed by myself.

I would like to point out that I do not acknowledge any such debt being owed to Bank Smart. I am familiar with the Consumer Credit Sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.



Yours Sincerely,