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I have recieved continued letters from Bank smart saying I…

Customer Question
I have recieved continued...

I have recieved continued letters from Bank smart saying I owe then money and threatening court. I have no Iea what for. I must have used thema long time ago but I never got any refund and they have no number to call

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Uk

Lawyer's Assistant: Have you contacted the manufacturer?

It's not a manufacturer I don;t know what it's for. And I need to find out if I need to pay or not

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Banksmart have lots of complaints online

Submitted: 8 months ago.Category: UK Law
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Answered in 2 hours by:
11/10/2017
Solicitor: Alex J., Litigator replied 8 months ago
Alex J.
Alex J., Litigator
Category: UK Law
Satisfied Customers: 3,884
Experience: LLB, LPC, DELF
Verified

Thank you for your question and welcome. My name is ***** ***** I will assist you. I would recommend you write back to them as follows:

- Say you deny any liability for this debt;

- Say that you no evidence to show that the debt is actually due and owing;

- Say it is a criminal offence to pursue someone for a debt they do not owe under S,40 of the Administration of Justice Act 1970;

- Say that if they continue to pursue you, you reserve the right to defend yourself and hold them responsible for any costs you incur. You also reserve the right to report them to the FCA or the police;

If they still decide to sue you - you will have to defend yourself but even if they produce evidence of the debt, do not admit the claim. If it is older than 6 years, they may be statute barred and the claim can be struck out.

I would be most grateful if you would take a moment to rate my response. Kind regards AJ

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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