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BSJBuckler

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  1. I think your daughter should apply for a declaration of her interest in the property from the court. Since it is not a straightforward situation, qualified legal advice should be sought to get this done asap. She should NOT move out. any buyer having notice of a "tenant" in occupation is legally bound to honour the arrangement which transfers with the property. If there is not a legal tenancy, then the least your daughter has is a contractual licence to occupy. The purchaser is obviously aware of this, so has to honour it. There is quite a lot of case law in this area. There may even be the opportunity to get a court order restraining him from selling the property without acknowledging your daughter's continuing interest. She will have to rely on the law of equity - a very specialised branch of law = so should get proper legal advice.
  2. Vanquis do a scheme where they can freeze your account for up to a year, interest free if you are in financial difficulties. Did you opt in to that when you opened the account? If not , not to worry, get your acknowledgment in, then get working on your defence. If you can;t get it all done by the deadline (new babies and litigation don't really work well together), submit what you can with a covering letter to the court, copied to Lowell, to say that further particulars will be supplied in due course and giving the reason why you have been unable to get everything in on time. Small claims courts have the freedom to be fairly flexible (if it's not on that track, you could ask for it to be transferred). Important though - include with your defence a request for the case to be heard at your local county court. This may require a special form, others on here will let you know about that. I'm sure it will all be fine, but be aware - since you seem to accept that you do actually owe them some money - that you will probably end up with a CCJ, but if satisfied within 28 days it will not show on your credit file. It may be worth checking your default notice to ensure it complies with the legislation which is very particular about not only the words to be used, but which ones need to have underlines and which ones need more emphasis. also the dates by which you should respond etc. If not, then the debt - although due - is unenforceable, so the court cannot order you to pay it, leaving Lowell and Vanquis completely impotent. Good luck - you'll be fine with all the help available here
  3. FOS Ombudsman upheld a very tricky complaint against Manchester Building Society, resulting in a liability of £37,000 being discharged and compensation of £1,000 being awarded. The adjudicator had turned it down, but the Ombudsman disagreed with that decision. It did take 12 months and 200 pages of evidence though!! My mum acted as guarantor for my son's first mortgage. Some years later it was changed from repayment to interest only (therefore bearing different risks and a different financial product) then later again to a buy to let mortgage. at no time was my mum advised by the Building Society of the change of product and risk, nor given the opportunity to object to the changes. When the house was repossessed (the full payment for the three months arrears having been returned!!! by the BS as my son was querying the arrears charges) It was deemed unreasonable of the BS to send a letter threatening then to repossess my mum's house unless she paid £37,000 immediately. This was the first time in a year of difficulties with the account that they had contacted her. It was adjudged that, since they knew she was his grandmother, they should have made sure that she not only took legal advice before agreeing to be a guarantor (which she did), but that the solicitor was given sufficient information about my grandson's credit status to be able to give informed advice(which he was not). Well worth the effort - but the extended worry did make my 77yr old mum very unwell.
  4. I too have been a victim of Kensington. They repossessed my home in March 2006. They breached the mortage code by not making an arrangement with us when we called to say we might have difficulties making full mortgage payments (at that stage we had no arrears) Their response was "pay up full payment this month or we will take legal action". As we fell further and further behind they loaded us with arrears fees and debt counsellor fees, even though no one ever called on us or left a note to say they had w hile we were out. The repo order was made and suspended as long as we made full payments plus (quite) a bit off the arrears every month. We managed this for about 4 months, but it was too much. The house was on the market the whole time, but didn;t sell. I queried the arrears fees and some other anomalies on the account and they were ordered by the judge to go through it with me. They never did, so I went back to court but they didn't turn up,and the judge said don't push it or they will charge you their legal fees and you will be worse off, so I left it (instead of asking for a judgement in default which I should have done as they did not contest my application!) Eventually we were repossessed even though the day before the court hearing where they were granted possession we had received an offer on the house (they refused us permission to complete the sale unless it could be guaranteed within 4 weeks) and now Optima(their legal people) are chasing us for £34k. I asked for a breakdown which was incomplete and in Aug 08 asked for full details by 15 Aug or I would assume they had made a mistake and that we owe nothing. I have just had a reply (Nov 08!!! is that a breach of Data Protection??) with some more info and suggesting they might take a lower settlement from us!! I intend to challenge the arrears fees, using all the helpful advice here, and also the early redemption charge (10k!). Any advice about the legality of ERC would be really helpful to me. I am also questioning why they did not make best efforts to sell the house (my friend phoned the agents posing as a buyer for that kind of house in that area and it was not offered to her), did not rent it out during the year it was with them, did not maintain it (no gardening done during that time) and did not allow us to continue with our sale at the time. Thanks for all the posts here - they are really inspiring!! If Kensington had acted fairly, we would have sold our house, cleared the mortgage and had 20k left over. Instead we have a black mark on our credit file and no money. Any more helpful advice would be most appreciated.
  5. Feel a bit foolish...how do I start a new thread???? (bit of a Luddite I'm afraid!)
  6. I too have been a victim of Kensington. They repossessed my home in March 2006. They breached the mortage code by not making an arrangement with us when we called to say we might have difficulties making full mortgage payments (at that stage we had no arrears) Their response was "pay up full payment this month or we will take legal action". As we fell further and further behind they loaded us with arrears fees and debt counsellor fees, even though no one ever called on us or left a note to say they had w hile we were out. The repo order was made and suspended as lon as we made full payments pllus a bit off the arrears every month. We managed this for about 4 months, but it was too much. The house was on the market the whole time, but didn;t sell. I queried the arrears fees and some other anomalies on the account and they were ordered by the judge to go through it with me. They never did, so I went back to court but they didn't turn up,and the judge said don't push it or they will charge you their legal fees and you will be worse off, so I left it (instead of asking for a judgement in default which I should have done as they did not contest my application!) Eventually we were repossessed even though the day before the court hearing where they were granted possession we had received an offer on the house (they refused us permission to complete the sale unless it could be guaranteed within 4 weeks) and now Optima(their legal people) are chasing us for £34k. I asked for a breakdown which was incomplete and in Aug 08 asked for full details by 15 Aug or I would assume they had made a mistake and that we owe nothing. I have just had a reply (Nov 08!!! is that a breach of Data Protection??) with some more info and suggesting they might take a lower settlement from us!! I intend to challenge the arrears fees, using all the helpful advice here, and also the early redemption charge (10k!). Any advice about the legality of ERC would be really helpful to me. I am also questioning why they did not make best efforts to sell the house (my friend phoned the agents posing as a buyer for that kind of house in that area and it was not offered to her), did not rent it out during the year it was with them, did not maintain it (no gardening done during that time) and did not allow us to continue with our sale at the time. Thanks for all the posts here - they are really inspiring!! If Kensington had acted fairly, we would have sold our house, cleared the mortgage and had 20k left over. Instead we have a black mark on our credit file and no money. Any more helpful advice would be most appreciated.
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