Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    MrsF Novitiate

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    Default Mrs F v Kensington Mortgages

    Ive just started the ball rolling today with the DPA request for info. I understand i now have to give them 40 days to respond with the info.

    Can anyone help me with what exactly i can claim back? I paid a redemption fee which was about £900 but i have also been stung each month with a 'Monthly Arrears fee' of £50 because my account has been in arrears for the past 6 months or so. I have also been charged £25.00 for each returned DD.

    As from tommorrow my mortgageicon will no longer be with Kensington but the amount i have had to pay back was more than the amount i borrowed 2 years ago because of these charges!

    Do i have to do 3 separate claims - 1 for DD fees, 1 for Redemption fee and 1 for monthly arrears fees or can i add all these together? (should be under the 5K mark for all three so small claims route is ok.)

    Any help greatly appreciated

    Thanks

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  2. #2
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    Default Re: Mrs F v Kensington Mortgages

    Hi MrsF,
    Welcome to the ERC claimers club. All the charges you mentioned are reclaimable. One claim for all those charges and a seperate claim for those on your other thread (GE Money). Good luck.
    Paul

    MBNA: Paid
    Co-Op: Paid
    Lloyds Tsb:Data Protection Act sent 14th June Still waiting. Started again
    Abbey National: Paid
    Barclaycard:Prelim £1920 14th Sept MCOL 17/10/06 £2346 Court date 13th March Offered £600 and rejected. Then offered £1,600 rejected. Paid in full £2,705.02.
    Capital One: Paid
    Cahoot: Paid
    Accord Mortgages: Prelim £9,750 LBA 6/10/06
    MCOL 21/10/06 £10, 520.65 Withdrawn and waiting for better times
    Mother in law Nat West: Paid
    Wife's Nat West MCOL issued 26/03/07

    Rise, like lions after slumber
    In unvanquishable number!
    Shake your chains to earth like dew
    Which in sleep had fallen on you:
    Ye are many - they are few!

    (P. B. Shelley, 'The Masque of Anarchy', 1819)



  3. #3
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    Default Re: Mrs F v Kensington Mortgages

    Good luck Mrs F - you're in good territory

    --------------------------------------------------------------
    HSBC
    Settled in FULL on 8/8/06 - £3619.53


    CAPITAL ONE
    Settled in Full on 6/9/06 - £84.76

    ABBEY NATIONAL (Old N&P Mortgage)
    Settled In Full on 2/3/07 - £307.13

    SPML
    *Court Case Withdrawn - family illness*

    MORTGAGES PLC
    *Court Case Withdrawn - family illness*

  4. #4
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    Default Re: Mrs F v Kensington Mortgages

    Kensington havent cashed my cheque yet but ive received a letter from them saying they will comply with my request bu 14th december but as the request is only signed by me (joint account, i never gave it a thought!) they will omit any data relating to other parties on the account.

    How can they do this? Its a joint account, so surely they should send me all the info.

    Is it too late to send them a signed statement from my husband?


  5. #5
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    Default Re: Mrs F v Kensington Mortgages

    No just send the signed statement and if they still try it on send a new request with both signatures. they arejusttrying to delay. If it was me I would re-send the request with both signatures.


  6. #6
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    Default Re: Mrs F v Kensington Mortgages

    Good luck with this. I have done the SARicon, prelim and lbaicon, Kensington refused to refund money, quite a bit more than your redemption fee.
    Am now about to issue claim agains them!
    Wish me luck, will keep you posted.

    Chelsea


  7. #7
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    Default Re: Mrs F v Kensington Mortgages

    Good luck in your quest to get your money back.
    I sent my SARicon to Kensington on the 29th September. They wrote and told they had forty days to comply with this from the date they received it in thier department 6th October, which gave them till today to comply. Guess what still nothing. So phoned them today got through to I must say a very apologetic lady who assured me they would be with me by the end of the week so here's hoping. But i will be taking them all the way. What i find strange is a lot of the Kensington threads seem to just stop are people getting the money back and then agreeing to keep stum.


  8. #8
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    Default Re: Mrs F v Kensington Mortgages

    Well keep at it. I started using this site some months ago and yes, the whole process does take time, but you have to be persistant. I have left mine for a while due to other things going on, but am taking them up again.
    It would be interesting to know if anyone has been successful with Kensington, any sucess if good, no matter how much money was involved.
    When I win, I'll be telling the world as without this site and the advise, I wouldn't have even know about it!

    Good luck and keep with it


  9. #9
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    Default Re: Mrs F v Kensington Mortgages

    Right i posted them a letter signed by my husband, went recorded post yesterday... so ill just sit tight and wait for now.

    Thanks for the advice.

    I can't see any posts on here where people have had refunds from Kensington but im watching this space, surely they will have to give in soon!!


  10. #10
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    Default Re: Mrs F v Kensington Mortgages

    Got my details from them today. get yourself ready for a very large parcel. They have sent me copies of every last bit info they have about including screen shots of comptuer diary entries. Quess they thought i wouldnt bother to plough through all of this stuff to find all the money they owe me. Guess what i will. He He.


  11. #11
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    Default Re: Mrs F v Kensington Mortgages

    Hi everyone

    I may be on the wrong thread here, but I have been Kensingtoned too by my original mortgageicon broker, but the point here is. I was on a fixed rate of 8.04% for 2 years which ran out on the 9th of January 2009. After all the credit crunch that we hear about, and the lower interesticon rate and so on. Most people's mortgageicon are going down, well guess what mine is going up. courtesy of KM to 8.95%, because in my clause it goes back to variable rate - which I phoned them to ask what is was- and they told me that the rate was different for different customers??? confused I am truly. and my also goes up with an additional 3% on top of that for being a SUB PRIME customer. I thought we were all Sub Prime for the privilege of being with KM in the first place. BUt most important point is why do they have variable rates for different customers. Can anyone advise? how this is calculated please . I mean the variable rate that is.
    Surely it should be the same for everyone. or at least advertise on their web site.or made public. PLease help me to understand.


  12. #12
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    Default Re: Mrs F v Kensington Mortgages

    Forgot to add. If anyone is interested in talking to the media about KM the more the merrier. Maybe we could join forces, - as they seem to do- and go to WATCHDOG or some newspaper, radio... lets do it.
    Contact me if you have any ideas. 07958 77 55 63 ASTRID


  13. #13
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    Default Re: Mrs F v Kensington Mortgages

    Pombix04

    Have you still got a copy of your original terms and conditionsicon when you took out the mortgageicon?

    If so have a good read through about what it says after the fixed rate period has ended.

    I'm no expert at this believe me but I think if you can find out what it says in there then you can roughly work out what you should be paying.

    Considering the interesticon rates are really low at the minute I think the 8.94% you are now expected to pay is very very high. Unless it's bully boy tactics to get you to go to another lender.


  14. #14
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    Default Re: Mrs F v Kensington Mortgages

    Hi Lynski

    Thanks your your reply. have just received news this morning from KM saying how much it will go up. it is indeed going from £1935 pcm to £2170.68. My house is currently on the market as I have sadly lost my job just before xmas and will be unable to pay the mortgageicon next month. I have not told them yet as I fear they will start repossession proceedings straight away. THey are indeed not" nice people to do business with"as the saying goes. Any suggestions on how to hold them back?
    Thanks in advance.
    Astrid


  15. #15
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    Default Re: Mrs F v Kensington Mortgages

    I am also wondering WHY they have different variable rates for different customers. Surely it should advertise ONE variable rate for all. I do understand that they have added the 3% on top of that. It clearly states that in the paperwork.


  16. #16
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    Default Re: Mrs F v Kensington Mortgages

    Hiya

    we were in a simular situation,my husband was made redundanticon as we came off our fixed rate and our mortgage jumped up so high we couldn't afford to pay. We rung and asked them for help but they didn't want to know all they were interested in was the regular payments or they would repossessicon our home.

    After a few months of the payments going up and calls begging them for help,we decided that we could no longer keep the payments up as we had 6 children to bring up and it was looking dimmer and dimmer by the month.

    We very sadly had to give our home to them as a voluntary repossession,it was the worst thing we have ever had to go through,we are now in a rented 4 bedroomed house and paying less the half of what the mortgageicon was on our home.

    Our house is still on the market at a price lower than what our motgage was because of the credit crunch etc. We're unsure of what will happen when it is evenually sold,we've been adviced that we may need to declaire ourselves bankrupt.

    If i knew then what i know now than i would of never have taken the mortgage with kensington,i'd of rather sold my home then and there.

    Hope you have better luck with your house,but don't expect any help what so ever from km they told me they class all houses they have mortgaged as investments


  17. #17
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    Default Re: Mrs F v Kensington Mortgages

    hi Commonhilltart
    I am so sorry for what happened to you .My heart goes out to you and your family- after all that is what is all about- Human beings helping one another, in anyway we can. I am sure you will be better off in the long run away from their dirty dealings.

    I will not be able to pay next month mortgageicon. So how long do you think I can hold on before they start repossesssion proceedings?
    Regards


  18. #18
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    Default Re: Mrs F v Kensington Mortgages

    For anyone interested. I also rang SHELTER organisation. but they did not have much to say tho the website is full of good info. The National Debt Helpline has good info too. I am going to check the ConsumerCredit Counceling Service on 0800 138 11 11. Dont know what it is worth but got the number from Shelter today. So will call 2moro. Will keep you posted if I get any joy.
    Regards To all


  19. #19
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    Default Re: Mrs F v Kensington Mortgages

    Hi

    Well we missed october & november last year as we had to put all our money towards bond etc for renting and they sent us a letter to appear in court so they could start repossession on the 8th december so they jump on you pretty quick but they had the keys by the middle of november but they still went to court so now i have to write a letter to the court stating when they had the keys so i don't get court charges on top of everything else as they'd not informed the court.

    The cccs are fantastic and will help you with your finances as best they can with no charge,we went the them before we lost our home and they are the once advising us about the option of going bankrupt.

    The thing is you have to do whats best for you and your family and its so hard as i've been through it but you have to be strong and keep your head held high. Someone said that my house was just bricks and water and that we were just feeding kensington's habit and that we'd be better off in the long run without the stress and worry and they were right. We still have the worry of how much debt we'll have after they have sold the house but as cccs said they can't have what we haven't got anymore and they have to settle for whats offered as there's nothing else they can take off us.

    Best of luck to you and i truly hope it works out for you.


  20. #20
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    Default Re: Mrs F v Kensington Mortgages

    Thanks Commonhilltart

    I am checking with CCCs today, will keep you posted. Also have had an offer on the house, albeit a silly one 45k less than advertise, i decline but I think the next offer that comes along I will say yes to, even if it is a bad one, because at the end of the day as you said it is only bricks and mortar that I am selling, Not a HOME anymore. it is a burden, so I prefer to sell now than be reposessed. Will keep you posted.
    Thanks



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