hi Rebel 11 - she has thanks allready progressing with a claim

Hello All I hope everyone is well on here........ I'm posting on behalf of my mother who has nearly sold our old house. We have 3 "secured" loans on the house, one being the mortgage and one being welcome finance who we have fallen heavily into arrears with, although strangely they have taken no action to reposesses the house despite not being paid in a over a year. When my mum rang them to make a reduced settlement payment to welcome, the young man on the phone said the loan wasnt secured?! On checking the land registry I have found the following charges C: Charges Register continued 4(23.09.2004) REGISTERED CHARGE dated 6 September 2004. 5 (23.09.2004) Proprietor: PARATUS AMC LIMITED (Co. Regn. No. 3489004) of 5 Arlington Square, Downshire Way, Bracknell, Berks RG12 1WA. and of DX 122530 Bracknell 2. 6 (03.04.2006) REGISTERED CHARGE dated 31 March 2006. 7 Proprietor: KENSINGTON MORTGAGE COMPANY LIMITED (Co. Regn. No. 3049877) of 1 Providence Place, Skipton, N Yorkshire BD23 2HL. 8 (18.06.2007) Charge dated 12 June 2007 in favour of Welcome Financial Services Limited, trading as Welcome Finance. NOTE: Copy filed. The charge in red - obviously belonging to Welcome, does not read as a "Registered Charge" like the others and doesnt contain address info etc - does this mean the loan isnt in fact secured on the property? This would certainly explain why they havnt taken action to reposess! Obviously, if the loan isnt secured we can proceed with the house sale (there wil be a shortfall otherwise) and are in a better position to make a reduced settlement offer to clear the debt with welcome! Thanks for reading and thanks in advance for any help xxxxxx

Hi All I hope everyone is well My mum received a distressing phone call the other day - a few years ago she took on a secured loan from welcome finance (22k) but lost her job last winter - asked welcome for a years payment break and they agreed. Out of the blue, after hearing NOTHING from welcome she got a call last week from Experto Credite demanding £100 payment and nearly £500 a month to stop reposession proceedings - (I have explained that she shouldnt have made the payment nor should she deal with them on the phone.) - I have also confirmed that the loan is registered on the land registry. The problem I've got is that she has received NOTHING in writing - no statement, no deed of assignment, nothing from either party so whats the deal? they have yet to follow up on the call in writing either! Does a secured loan fall under s77 CCA? are they likely to start reposession proceedings? there is now way we can afford 500 a month to these guys Any advice would be very much appriciated as always! MANY thanks Dan H

Hi All I hope everyone is well? Just wanted some advice on my dealings with the lovely Robinson Way To cut a long story short I have had a long running dispute with Natwest on an amount of £3, 370.72. Sufficed to say they will never see a penny of this money if I can help it, due to their conduct Anyway, on the 03rd June 2010, I received a letter from Robinson Way demanging the amount within 10 days. I replyed on 07th June with a letter requesting a copy of the credit agreement under s77 of the CCA (using the template readily available on this site) They receive the letter on the 08th and reply on the 15th saying they have requested the documentation from Natwest. If I understand the CCA correctly the 12 day default passes on the 20th, exactly 12 days after they received the letter (correct me if I'm wrong.....) The 20th June passes with no word from Robinson Way until the 20th July!! "We are sorry but we are still awaiting a response from the client concerned. We have reminded them that this query is outstanding. We will let you know the outcome as soon as we receive the relavent details.". As nice as this letter its well outside the 30 day limit so a criminal offence has been committed!! (again if I interpret the CCA correctly). The 29th of July comes along, and they send me the attatched 1 page (personal details censored) demaning settlement within 10 days - not only does this NOT contain my signature it certainly doesnt resemble anything like a credit agreement! So I've sent the "you have failed to respond to my legal request for a copy of the true credit agreement etc" letter found on this site and am awaiting their reply........ I cant blieve they'd try and pass this page off as a credit agreement! shocking behaviour! My question is.....is this now unenforceable and am I right in instructing them that this isnt a true copy? If they try to start chasing would a county court claim be the most approrpiate course of action and would my chances be good? Thanks for reading and thanks for any help in advance Thanks Dan Hulse [email protected]

it all smacks of desperation from kensington. I'd contact the mortgage rescue scheme for advice, these guys attended court with my mum and really helped, even offered to help with repayments (Kensington refused a repayment proposal of £3000 for a £5000 arrears, madness!!) And it's not like you have just ignored the problem - make sure you contact a professional or one of the experts on this site as they are excellent at what they do! Keep us posted I'd be interested to hear how Kensington wriggle out of this one!

they did suspend it! we made a very good offer which Kensington have refused, therfor they were being unreasnoble. The judge has ordered we pay them back £158.00 per month. The judge also agreed that they are doing a "run" to try and reclaim money back from their recent FSA fine by overcharging and reposessing whe I shown her this Kensington fined for overcharging homeowners struggling in arrears - Times Online page GOOD LUCK! Make them the best offer you can and hopefully Kensington will reject it - Judges will always side with those who have actively tried to keep their payments up, or if they are unable to do so, those who have actively tried to remedy the situation - if Kensington refuse a reasnoble offer they will lose! Also having a dependant is a good reason for ajudge to side with you! Have you tried the "Mortgage Rescue Scheme"?

Hi Guys Let me start by saying what a great site! I have only used it once or twice but am so impressed with the wealth and quality of the advice provided - I always recomend CAG to friends or family now if they need it! Anyway, here the story 2 years ago my mum fell behind payments on her secured loan with Kensington - they applied for a SPO which was granted to them. I am 23 in full time work, my mother was in full time work at the time. She also has a mortgage with GMAC In December last year my mum had to leave work due to a bad hip causing a lot of pain and leaving her unable to walk. Living on JSA ever since, I have kept up the GMAC mortgage repayments and not the Kensington Loan repayments due to affordability. I have made as much contribution as possible to living costs but its been hard times. My mum has been in contact with the Mortgage Rescue scheme who have been unable to buy/rent back the house, and have also been unable to help with other options such as interest free loan etc. Kensington have issued us with an eviction notice on the 05th May at 11am. The arrears are £5,000 (£2,500 of which are charges which I believe Kensington have been fined for so we may be able to claim back??) The mortgage rescue scheme have fought my mums corner, liasing with Kensington and asking them for more time to whcih Kensington Refused (they in fact demanded either the full amount of £5,000 or £700 per month repayment). My mother has also offered a down payment of £2,500 with the next 3 monthly payments being offered to them by the mortgage rescue scheme while she finds somewhere else to live - Kensington Refused this also! We have been to the county court today and applied for a suspension of the eviction, and the hearing is on tuesday at 10.00am. My question is, will Kensington's behaviour be viewed as unreasnoble as they have refused every offer? and is it likely the judge will side with Kensington and allow the eviction or with us and suspend it? In view of their unreasnoble behaviour I believe Kensington are doing a 'run' of people in arrears to recoup their losses from their recent FSA fine or to reposess peoples houses before they can reclaim charges - is the FSA fine worth mentioning to the judge as over half the arrears are charges? Thanks for reading this guys - any help or advice for the hearing will be greatfully received, and knowing who the judge is likely to side with will certainly help me sleep! Many Kind Regards Daniel Hulse Daniel [at] Hulse.org.uk 07539307419

Hi All, This is a tricky one so i'll try and cut it short.... About a year ago, I was employed at RBS. I left after 3 months, and received a small payment the month following my leaving for pay I was owed. One month later, I received a letter from RBS stating that I had been overpaid by £300.00 and this would be deducted from my NatWest payroll account a week later (Note - working for RBS means you have to have a RBS group payroll bank account) After telephoning RBS and instructing them I could not afford this, and asking the make a reasnoble payment arrangement, they flat out refused. I then withdrew all monies from the account and placed a complete bar on transactions. Low and behold! The bank withdrew the money anyway! (taking £300.00 from an account with a £0.00 balance!) I telephoned RBS and got passed from HR, to Payroll, to my old line manager and back again. I have received no evidence of overpayment, and advised RBS that under no circumstances would I repay any of this money without evidence. About a month ago, I received a default notice on this account which has racked up £400.00 (plus the original £300.00) in default fees and interest. I approached my NatWest bank manager and asked him to intervene, although sympathetic he was unable to help at all. I then sent a formal letter of complaint to Natwest advising I was placing my account in dispute, to which they replied it was nothing to do with them as my complaint was with RBS! I have just sent a notice before action advising all monies must be refunded within 14 days - my position is - 1 . How can RBS make an order to deduct money from a NatWest bank account (which is a distinct and seperate legal entity) 2. Why had RBS retained my bank details 2 months after I left? 3. How can NatWest authorise a transaction from RBS which takes £300.00 from an account with £0 balance, AFTER I placed a bar on all transactions? 4. RBS and NatWest have refused all attempts at a mutual resolution! What are your thoughts guy? Would love to hear any advice..... On a personal note, i can't believe it is legal for an employer to control your BANK ACCOUNT as well! surely this gives the employer too much power? I understand this is the base with all Bank employees these days, With Thanks in Advance Dan Hulse Daniel (nospam) @ Hulse.org.uk

have major problems with Wonga....the email below details what i've sent them and the situation "I am writing in reference to my Wonga account registered to my email address. On the 25th February 2009, I contacted the Wonga collections team as I was (and still are) facing financial difficulties. I rang to discuss the possibility of making an arrangement to set up a payment plan and pay my Wonga loan at 20% per month. After using Wonga for nearly a year and paying several hundreds of pounds of interest, I assumed in good faith that Wonga would be open to this proposition. The gentleman I spoke to, quite happy to discuss my account without confirming at least two security questions (in violation of FSA codes of practice), agreed to allow me to pay 20% off each month as long as I made payment on the same day I contacted him. I note that no reference to extending my loan was made during this telephone conversation. Upon making the payment, I found to my concern that approximately £100 extra interest had been added to my account a month later (around the 25th February). After attempting to contact Wonga by telephone nearly 13 times in one, to which the telephone was not answered, I emailed Wonga and instructed them that I required a manager to contact me. After emailing again a day later, a manager contacted me after 48 hours of making my original email (I can only assume this was deliberate to allow Wonga to allow more interest to accrue on my account during this 48 hours). The manager I spoke to, again not bothering to confirm any security details, instructed me that the notes on my account read that I rang on the 25th January to extend my loan. I instructed the manager that I have cancelled my debit to prevent Wonga from removing funds to which they were not entitled to. The manager instructed me she could only extend the loan over 3 months upon receipt of evidence of my financial difficulties. After refusing to provide financially sensitive information to a company whose motives I find unscrupulous, the manager informed me that an extra £45 charge would be added 5 working days after the telephone conversation. I instructed the manager that I was quite prepared to default this loan due to my financial difficulties, but did not want to take this course of action as I wanted to pay this loan off over a reasonable time period without accruing any more unreasonable interest. The manager informed me that upon receipt of evidence surrounding my financial situation she could arrange to "look into" providing me with a 3 month payment plan, which presented repayments I can not afford. Due to these facts I hereby inform Wonga.com Ltd (trading as Wonga.com) that I place my account in dispute, and that no means available to Wonga will force to to pay £230.00 (approximately) interest charges which I find unreasonable and unlawful, and I put it to Wonga that I have been lied to by the Collections team member I spoke to originally. I consider the amount owed to Wonga to be £405.08. Please be advised that I will only communicate with you in writing. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. I expect a response in writing within 2 working days to acknowledge receipt of this complaint. Furthermore, I fully intend to invoice the FSA and the OFT if Wonga do not wish to resolve this situation reasonably. Please note that several automated phone calls have been made to my partners number (edited)which I used for confirmation as Wonga would not accept my personal number. I expect these calls to cease immediately."