Jump to content


  • Tweets

  • Posts

    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Kensington Mortgages


buzz
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4429 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I recently wrote to Kensington Mortgages about their monthly arrears charge of £50 I asked them to justify and send a breakdown of their Liquidated losses.

Their reply is as follows:-

 

A £50 arrears fee is debited to your account balance when you are one month or more in arrears. This fee is to cover our additional expenses as a result of your account being in arrears. We have to send a letter out each month , which has to include the arrears amount and to show a statement of any debits and credits made in the previous month. We also have to review your account each month to ensure performance of any arrangement or to secure payments towards the arrears: this means that we have to employ extra staff which in turn means an increase in overhead costs. (No breakdown was sent)

 

I am sorry that you feel we have added these fees "in terrorem". I can assure you that we do not intend to scare you into making payments onto your account and the fees are there to cover our reasonable admin expenses, in line with section 49.3 of the T&C's of the mortgage...........etc, etc.....

 

Do you think this answer justifies their charge or can you suggest what I should do next.

Any help appreciated.

 

Cheers

Buzz

Link to post
Share on other sites

  • Replies 89
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I know kensington mortgages fairly well as I am a mortgage adviser and can tell you that the response you have got is the biggest load of BS that I have ever heard.

 

There is a nice big office in Skipton, North Yorkshire, and they administer mortgages for over 30 different mortgage companies. Kensington being one of them.

 

I know this because I have to send mortgage apps off to the same address for each one

 

Having spoken to intermediary support staff for the various lenders that hold this same address, I can confirm that these companies have outsourced the administration to the company that occupies this building.

 

I also understand that they all use the same computer system for all the different lenders as their main call centre has to be linked into this. I know this because all the numbers are the same except for the last 4 numbers - so it is 0870 601 xxxx.

 

This should aid your case because if you go down the route of charges are not a true reflection of cost incurred, then you could argue that the cost of system is not anything to do with it because the system services over 30 different lenders and was not a cost to Kensington directly.

 

For specific work which may be different to the other lenders whilst trying to administer your account whilst in arrears, I am not sure but I am pretty certain that you will be able to prove that it isnt a true cost.

 

I make this assumption on the basis of experience of outsourcing. Usually when this happens the company receiving the contract will have bonuses and penalties for hitting certain teargets and I would argue that the fees you mention help pay these bonuses that Kensington would have to pay or offset losses of the penalties that the administration company pay when targets are missed or hit.

 

I would imagine that if you can just follow the CAG recommended steps and letters and take them to court when they fail to pay, You could use this knowledge a little more to get get the judge to think in your favour...

Link to post
Share on other sites

Thanks for that Alan.

 

I was just worried that they had justified the charges in the letter, by quoting "extra staff" and "extra work" etc.,

 

Should I at this stage send the "14 days or else" threat.

 

I have to go to court in mid may as they want to reposess the house. I only actually owe 3 months arrears (because of illness prior to Xmas), but with all the charges ,etc, it has made it the equivalent of about five months arrears.

Should I leave it and mention it to the judge then, or put in a counter claim for that hearing?

 

Cheers

Buzz.

Link to post
Share on other sites

Thanks Homer J.

 

your post is very interesting.

 

It is only now having read your reply that I realise that many companies use the same address.

Before remortgaging with Kensington, my previous mortgage was with a company called Amber Homeloans, which later became Redstone Mortgages.

Have just checked and found the addresses are very similar and the phone number also starts 0870 601 ----.

 

When I was with them, I incurred arrears fees, so might try to recover those aswell.

 

 

Cheers

 

Buzz.

Link to post
Share on other sites

Thanks Homer J.

 

your post is very interesting.

 

It is only now having read your reply that I realise that many companies use the same address.

Before remortgaging with Kensington, my previous mortgage was with a company called Amber Homeloans, which later became Redstone Mortgages.

Have just checked and found the addresses are very similar and the phone number also starts 0870 601 ----.

 

When I was with them, I incurred arrears fees, so might try to recover those aswell.

 

 

 

Cheers

 

Buzz.

 

You are correct and both those companies are still there.... They are different companies (amber/redstone) and KMC. So they will have their own charging structures and staff but they are employed by the one outsourcing company using the same computer system, using the same printers etc.

 

You just need to follow the claim guidance notes provided by this forum to justify taking court action, if required. If you do get to court, read the notes by bankfodder when you get to that stage and you will see that it says that you should use specific questions to prove your case and to get the judge to think (my words not bankfodders) they are the incompetent fools we know they are and dont have a clue.

Link to post
Share on other sites

I am sympathetic but what KM say is true.

Believe me they are taking on extra staff bigtime in Skipton to administer arrears albeit on minimum wage.

Whether it justifies £50 I am not too sure but it all costs.

Good luck anyway.

Link to post
Share on other sites

I dont think KMC can justify th £50 charge tbh as it does not cost that to send a letter and it does not take one person 8 hours to review an account if you were to base your calcs on mininum wage.

 

I am guessing that they will have automated reports and diary systems to allow them to speedily identify accounts in arrears and those that are defaulting against arrangments etc.

 

The other point is that KMC do not directly get charged the cost of hiring staff because of the outsourcing contract in place and it is a proven case that the cost of staffing is one of the main reasons companies use outsourcers.

 

I would imagine it to be fairly difficult for the outsourcer to immediately charge that to KMC. KMC would have agreed a price before signing the contract and would have set key performace indicators which would activate penalty clauses should they not be met.

 

I would imagine with the market that KMC operates that they have to keep that arrears below a certain level. If this level goes above a certain amount and doesnt show sign of being reduced then I would imaging penalties will be imposed .

 

The outsourcing company then I guess would employ further staff to reduce this and I am led to believe that it has not been unusual to hire temps. The cost of hiring these staff will no doubt be cheaper than the penalties incurred.

 

I obviously do not know the ins and outs of the contract but I think that with what I have said, you would have to get KMC to show their hand in the court room if you got that far when they were explaining the true cost of chasing arrears.

Link to post
Share on other sites

  • 1 year later...

In regard to telephone numbers, this is how it works:

 

0870 numbers are assigned to landline numbers and just mask the real number your dialling. Business or indeed personal home numbers can get as many free 0870 numbers as they wish and assign to just one telephone or fax number.

 

When they call you they give out their real number which is HML. See caller display.

 

The actual number is: 01756 692000

 

Redstone for example will give out this number: 0870 601 3290 but it is the above number mentioned.

 

Try it and see.

 

By assigning 0870 numbers they see on their display it is REDSTONE for example and act accordingly. Or they will see it is Kensington or many of the others.

 

There is reason to believe and we have proof that the same people are 'administrating' (a mortgage term with ramifications) many clients’ accounts and as such contravening the Data Protection Act. For example: if you were to leave (by way of a mortgage advisor saving you from repossession and placing you with another 'lender', then the new 'lender' could/will be the same people you just had all the hassle with now pretending to be the new 'lender'. Back to square ONE!!

 

You may wish to know why I place 'lender' in inverted commas?

 

They are not 'lenders' in the traditional sense of understanding.

 

They (sub prime) CANNOT lend directly to consumers.

 

They CANNOT provide additional lending after securitisation of the mortgage.

 

They ARE just bond holders and your mortgage is solely a secured (be it fairly big) loan.

 

They DO NOT allow second mortgages or further borrowing on your equity (as this is why they lent to you in the first place) by 3rd party lenders.

 

They have NO accounting mechanism to manage ANY arrears (despite their pretence that they do and following CML/FSA guidelines (lip service)).

 

Home repossession is NOT the last resort, it is the first.

 

Notifying your 'lender' of any possible problems even in advance only serves ONE PURPOSE and that is to ALERT them to a possible issue and it is immediately passed to their litigation/collection dept.

 

 

They WILL inform you of mortgage increasing/decreases but in the former will NOT provide you with the reason in the letter.

 

 

Redston in 2006 stole ADDITIONAL monies from mortgage account holders bank accounts via Direct Debit and ONLY 'managed' the situation by exception (i.e. those who noticed or complained). They did this twice as we know it and many other times from those who have not noticed the slight change in payment at the begining of thier mortgage.

 

 

This monies runs into the millions considering the volume of accounts. It also offsets any deliquent behaviour by payees and retains the value/ratings of the bond.

 

 

There is NO supervision of thier accounts or methods by external parties.

 

 

They are NOT high street lenders and as such do not have 'saver accounts' or can anyone demonstrate on the street by thier mal practice. They DO NOT care if your upset!

They ARE credit managers/collection agency ONLY!!

 

The mortgage is part of a bigger portfolio (normally around a purchase of circa £90m) and being part of a sale or the transfer immediately after signing up with the originator lender.

 

They do NOT employ Mortgage Advisors and therefore cannot offer you advice or further lending facilities or indeed holiday payments etc.

 

In essence, you are lead into a false sense of security as they portray themselves (as do the middle men) as traditional high street lenders but they are bond holders of mortgage accounts that the value of the portfolio is rated by Standards & Poor or Fitche Ratings. The more arrears there are the decline in rating and the value of the whole portfolio.

 

You are therefore not a customer.

 

You are a value...a return on an investment.

 

It is your equity they are after!! Try borrowing on the basis of little or no equity and do the sasme again on a large equity base....see which one they will accept!!

 

Hope all this helps.

Link to post
Share on other sites

  • 10 months later...

hi guys just wanted to say don,t waste your time and money with threats of legal action as it don,t work we are currently facing repossession for one missing payment that kensington themselves lost despite us sending proof three times even our solicitor is trying to get a result but they just ignore them this company is th worst mortgage lender in the market just google there name to see for yourselves its all bad remarks of similar problems there extremely high charges if any one wants to help me im going to watchdog and if they cant help ill go to house of commons via my local mp the more evidence against them i can get the better my details are below

mr c barnes

07527733947

please text or call if willing to help try to stop these people.............:-x:-x:-x

Link to post
Share on other sites

  • 2 weeks later...
  • 2 months later...

i feel for ya buddy.....i ended up getting repossessed and it doesn't end there. they charged me an extra 15k mortgage redemption fee and go dknows what after that. ended up that they sold the house for more than the mortgage and i still owed them 28k. started paying them 250 quid a month for the last 2 years to pay off shortfall and I still owe them 28k because of the interest

Link to post
Share on other sites

I have now read most of KM threads. I observe the same pattern. Low mortgage, interest rate/ payments increase, repossession, still balance outstanding. Also, each individual put in substantial equity at start of the mortgage.

 

One of the posting states that the JUDGE stated that KM are operating "JUST" within the Law.

 

Posting above is a thorough account of the difficulties.

 

I think the focus or the approach should be changed - negligence, professional ethics, incompetence..........I am having problems - there has to be more than the unfair charges case. "NO win no fee" solicitor may be able to assist, review their terms. All of US reporting in the form of a petition to the FSA. Look for something deep, which is not clear at the surface

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4429 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...