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I have posted this else where on this forum as I am not too sure where it should be. Basicly I was going to claim back my PPI from Kensington Mortgages as when I wanted to make a claim they actually told me that I didnt have PPI.
I would really like some advice about this. Am i risking too much ??
I have the fos dealing with a complaint I have with Kensington. We have had a mortgage with them for several years and also a secured loan.. In August 2006 my husband was signed off work for several months as he had symptons that made the doctors investigagte a brain tumor. When we realised he was going to be off for a few months we contacted Kensington to make a PPI claim on the secured loan.Kensington told us that we didnt have PPI. Although we thought this was strange we took there word for it as my husband was ill and we thought they knew best. Any way we struggled for months falling behind on payments being issued eviction notices and in the end having to go under debt management.
In October I actually found the paper work and discovered we did have PPI afterall. Needless to say I was furious. If we claimed then we wouldnt be in this position. So i contacted Kensington and they said that as we took the loan out with a broker they dont actually hold that type of infomation. So my reply was
" how could you tell us then that we dont actually have PPI."
Kensington said that I could still make an insurance claim I told them that the insurance claim wasnt enough as they have cost us thousands in their solicitor costs and everthing else we fell behind on as a direct result. At one poinht we fell behind on our electric bills that they electric board fitted a metre. If we wasnt in when they came roun they would have forced entry. All this when my husband is facing a possible brain tumour (it wasnt in the end).I asked them for full reimbursement of my PPI. They said no as they donot feel they are to blame.
I have now made a complaint with the FOS saying we want all legal costs paid back our PPI payment we made in full back and compensation for the 18 months of bullying we have had to put up with. They have made us live in fear for all this time.
Any advice on this would be greatly appreciated. If the FOS cannot help then should I go to court ??
Did you manage to get an answer to this on your other thread yet? If not, let us know and hopefully somebody will be able to point you in the right direction with the above.
Best of luck with this
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Thankyou. No I havent had any replies. I am getting nervous now as I know what Kensington are Like. I havent got a great history with them. I am not really the type of person to back down but it is a little complicated. Any help or advice will be very much appreciated.
when you contacted kensington - did you get anything inn writing saying you had no PPI
do you pay the premium in your mtg payment? Would have thought it should have shown seperately on your statement?
Did you have a copy of the PPI document with your mortgage papers?
Jan
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
[IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
What happened was When I phoned them to make a claim They gave me a number to phone. This was an insurance company. The company asked for my details and couldnt find anything about me anywhere on the system. The company said go back to Kensington. Kensington just replied that oh well you are obviously not insured
We found the paper work in October and it was actually paid in full. We borrowed the £3,500 on top of the loan and it was paid to a company called Cardiff Pinnacle.
Kensington have said that they werent to know this it would have been down to the Loan Broker to tell us this. So I have said that i our state of mind I was under the impression that when the loan has beeen completed it no longer has anything to do with the Broker. Therefore if Kensington does not hold this info then surely they should have said that and not just no and that is it.
I didnt have anything at the time from Kensisngton to say this in writing but when i started the complaint against Kensington they did say in writing that the advice they gave was because they dont hold that info.
It is complicated because the loan was origionally taken out with a company called Money Partners and then suddenly were under Kensington (apparently it was in the small print) because I also tried to complain about this aswell.
Yes this is quite complicated. Although I used to work for a BS this is a bit beyond my capabilities. Also I have not come accross an insurance when you pay the whole premium in one go? Usually they are monthly. However that does indicate to me that it is specifically linked to the mortgage and Kensington should have it on their records.Also although the mortgage was arranged through a broker you normally would have completed an application form with Kensington. Usually there is a question or guidance about PPI on the application form - might be worth looking at your original application.
Was the insurance company that you called the same one that you subsequently found the paperwork for?
Unfortunately I agree that from the things I have seen about Kensington on here you will have a fight on your hands - but fos seems the best route. I would just try and dig out every bit of paperwork you can find to see how linked to the mortgage the PPI was. If it was not an associated policy then you may not have a strong case.
Jan
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
[IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
Thankyou Jansus for your advice. I have found the letter from the mortgage company about the loan complition. It has attached the disbursement of the Loan. On this it states Payment Protection Insurance sold by your broker and then the amount. We definately borrowed the PPI money along with the loan.
This was the paerwork that I found that made me contact the Loan broker. So do you think this means they should have been able to advise to contact the Broker or do you think they can get away with saying I didnt have PPI
probably a while! as they are still dealing with some hardship cases for bank charges. But at least they are looking at it. if your paperwork is clear then lets keep fingers crossed.
Jan
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
[IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
I have anouther thread on a different forum and somebody on there rekons that I should go for negligence as I did actually need the PPI and Kensington should have been able to advise me. That does sound like a very big fight though for a mere customer
good luck with your claim.i rang the fsa and fos just the other day complaining about cardif pinnacle not providing a policy document in 2004.they think they are the law
I think the fos can be helpful - they have actually helped with some hardship cases on here it is just that it takes time .
I am not sure what other body you could go to except CAB - but please dont give up - you at least need advice to see if you hav a case.
jan
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
[IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
Does that mean that you didnt find fos very helpful.
.no, no way .when i rang i was at the end of my tether ,i couldn,t take anymore from the person at the fla .they are (fos)able to take my claim on after refusing it the first time .no i meant good luck as in i hope you nail cardif pinnacle
Kensington now given us an eviction date for next Thursday. I still feel we are in the right but getting to the point of thinking I should just give in let them take the Bloody lot and just go and rent. I cant though because of my kids. All three of them are classed as disabled because of long term illnesses. If we move especially suddenly this is going to send them into termoil and we will all be in hospital before we know it.
I really don't know what to do any more. Getting rather scared.
I am so sorry to hear of your plight but not suprised as Kensington are b******s. Just to be clear have Kensington been to court got a repossession order and given you till next Thursday to vacate?
Yes it seems Kensington have already been to court. Due to my own stupidty I made an arangement over the phone with Kensington in 2006 and thought that had stopped all action. Didnt realise at the time they had gone for a suspened posession order anyway. So now we make a tiny misatke and they get you.
So they want us out next thursday
I have been speaking to shelter and they are helping us with the eviction so once that has finished I can carry on with my PPI case. Apparently i am not getting them for mis selling it is actually professional negligence ( i like the sound of that)
yes please write a summary of what action they have taken and what happened when you went to court?Have you been making payments of any kind - is there much equity in the property. ?
www.direct-gov.uk has a money/taxes section and a section on mortgage arrears and the correct proceedure that kensington must adhere to.
Please try and avoid possession - it will not be the end of your problems - interest will still be accruing and they may sell your house for less than you owe and you will still be liable.
you need more help.
jan
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
[IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
This is the third time Kensington have tried to evict. We have a mortgage and a secured loan with them. We fell behind on payments. Kensington said that at first they could only repo for the largest amount owed. This was for mortgage at the time. So we paid all that we could on to that. Managed to stop first eviction in december 2006. Carried on paying . We got a bit lost again because so many others were on our case. finally went on to debt management and got all arears on Mortgae paid. ! week after we had paid mortgage arears we were issued anouther eviction notice for the loan. This is when I found out that we had PPI. I went mad. They could see that we had been doing all that we could for the mortgage. This is when I made our complaint Kensington said it awsnt there fault gave me final response. Went to the fos. I managed to get Eviction stopped in October due to the complaint.
Then December happened. My son was taken ill and diaognosed with type 1 diabetes he is now insulin dpendent forever. Whilst this was happening my hubbies bank stopped the overdraft (we missed the letter) We live on the overdraft. So when wages went in we couldnt get them. missed loan and mortgage payment and served with anouther eviction.
Shelter have been great. They have helped write a statement to go with N244
Sorry forgot equity. There is a bit of equity but by the time kensington have had there redemption (we only have 2 months left for this) and stuck on 2years of charges for both the loan and mortgage we dont have a lot left if any