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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 4312
Experience:  English Solicitor with over 12 years experience
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november 2011 i was cold called smart consumer solutions regarding

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november 2011 i was cold called smart consumer solutions regarding ppi claim i was told they could win a ppi claim in about 6 weeks this seemed ok i asked them their costs i was told the caller could not say .i told them to do it . 7 weeks later i completed their letter of authority my wife and i signed it as the last mortgage was in both names did not send it to smart because there were no terms and conditions attached or an indication of costs. i phoned smart and they said (send in the form and get things started and we will send you terms and conditions and costs and if you object to them we can stop the aplication )so i sent them back the letter of authority account number on the document was 12524374 80 as i had other mortgages with the same building when i was single i contacted them got the other account numbers set them to smart in writing and informed them my wife was not on the new account number as i was single lender. birmingham mid shires sent me an aplication for ppi which i completed and sent back . by the end of may i had not been concted by smart with a progress report dispite many phone calls after long waits being told (i will get somebody to call you back ) 30 i sent a letter to smart saying i can not accept waiting any longer and to proceed no further with the claim 7 .7 .12 letter from b.m.s b. would i exept £4,4586 i agreed and sent back acceptance form a week later invioce (proformer) £ 4,4586 +25% that i had ageed to + vat i did not and would never agree to 25% i asked them to send me a coppy of my signed agreement .they said it was in with letter of authority but it was not i asked them if the terms and conditions and costs they claimed to have sent are linked to the terms and conditiond by page number or my signature they say they dont have any terms and condition signed by or any link to them signed by me over the past 30 months i have been contacted many many times by recovery co i have always asked them for my signed agreement then another co contacts me now the latest tells me thy are going to make me and my wife bankrupt what can i do
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

The issue here is whether or not you instructed Smart Consumer Solutions to go ahead with the claim on your behalf and if so, what the terms and conditions were relating to any successful PPI refund.

It does seem that you gave them the go ahead to make a claim on your behalf but you later retracted your authority and sent a letter to them to this effect. You were advised by them that you could stop the claim through them if you were not happy with their terms and conditions, which were never received by you may ask them or whichever company they have sold the "claim" to, to stop harassing you.

If they serve a statutory demand or court claim on you, you should defend/dispute such a demand as they seem to be using desparate measures to try and force you into paying up money which you do not owe them.

May I help further?

The second issue is that even if you gave authority to make a claim on your behalf, you never agreed to their fee of 25% plus VAT of the claim amount.

It seems that they do not have a valid claim against you for the money and as such, you may a











Customer: replied 2 years ago.

ihave not received last bit of your answer it ends you may a

Expert:  UKSolicitorJA replied 2 years ago.
Sorry, there was a formatting error.

The answer should read as follows:

The issue here is whether or not you instructed Smart Consumer Solutions to go ahead with the claim on your behalf and if so, what the terms and conditions were relating to any successful PPI refund.

It does seem that you gave them the go ahead to make a claim on your behalf but you later retracted your authority and sent a letter to them to this effect. You were advised by them that you could stop the claim through them if you were not happy with their terms and conditions, which were never received by you may ask them or whichever company they have sold the "claim" to, to stop harassing you.

If they serve a statutory demand or court claim on you, you should defend/dispute such a demand as they seem to be using desparate measures to try and force you into paying up money which you do not owe them.

May I help further?









Customer: replied 2 years ago.

shall i iform them of lack of agreement and retraction or await there next move could they make both me and my wife bankrupt being not involved
in 3 of 4 accounts payed out on

Expert:  UKSolicitorJA replied 2 years ago.
No, they cannot make you bankrupt if you do not owe them the money in the first place.

Yes, you should inform them of lack of agreement and retraction.

All the best



UKSolicitorJA, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 4312
Experience: English Solicitor with over 12 years experience
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