Kensington Mortgage-Claim For Arrears Charges.

Have started a claim against Kensington for unfair charges such as failed DD, late payment charges which, amount to around 20% of the original second mortgage loan..working on the particulars of claim and will post it here today or tomorrow..

Good luck Nevos....keep us posted.

Hi 42man,

Thanks and will keep updating..

Having a run in with GE Money here

and yet another one with GE mid April...

Kensington have acknowledged service of the claim, thats it for now..

This is great. I would like to do the same. I dont have my house now because I was bullied out of it by KM. I took 5.720.00 loan out on 21 October 2004. Am I too late to claim back charges? I also took the claim out through Prestige Finance Ltd who arranged the re-mortgage and then passed me onto Kensington Mortgages. They took me to court and said I owed 7 months arrears when I only in fact owed 3 months. I lost my home of 10 years at the hands of these people am I too late to strike back. ??

 

Hi Elliebes, Sorry to hear your problem and for not answering your post for a while..due to being quite busy.. I'm not sure you can do anything now as I've read threads stating when the agreement is expired or not in force you can't do anything however, I could be totally wrong on this and you may well be able to try..I filed my claim before the agreement expired..

I'm wondering if enough folk feel badly done to then, maybe we can send reports to the FSA and ask them to investigate??

Perhaps a wiser one could throw some light on this and if Elliebes can claim???

Update:

Kensington have made an offer with confidentiality thrown in however, I didn't feel it was enough so, have replied with a counter offer and no confidentiality..to date nothing and the AQ is going in today..they have filed a defence which at some point I'll outline here.

thanks for replying and its no problem. I will never forget the way they hounded and hounded and hounded me and wore me down. I had a heart attack with the stress of it all. Wonder if I can get them for that? Yes I think we should again collate stuff and send it to the FSA.

Actually the Ombudsman is well aware of my case and has kept my case open for me to reapply because they made a cock-up of my paperwork when I sent all my bumf to them 5 years ago just before I left the country. they said they never received it and the guy dealing with my cliaim when contacted 2 years later said my paperwork had been filed under a different number. All I have to do is dispute the KM response letter. Im sick to the stomach on anything to do with KM I cant read the letter because it brings it all back.

My daughter who works has a managerial job in RBS said I only ever owed them 2 months and they tricked me into owing 3 months so they could move towards reposession. When they took me to court they said I owed 7 months and on the financial statements for the court they have omitted payments I made earlier in the year to make it look like I owed 7 months. But because it was made by payment book I cant PROVE i paid those payments.

This mortgage lender is untouchable by anyone. I think its about time they met their Nemisis.

I lost my home through these people and wonder if I can claim back charges and expenses. I don't know how to go about it so if anyone can help I would be very grateful,

Hunter...have a look here - http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

The FSA did slap Kensington recently too - http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/065.shtml

Im out of time anyway to go after KM for anything as I signed the contract with them in 2004. They moved to repossess in 2006. I lost a 125.000 home for the sake of a 5,500 loan when I had to sell it to stop KM from getting their grubby hands on it. But I only managed to get back the deposit I paid in the end back in 1995. But I was forced into doing this or I would have ended up with nothing whatsoever. The CAB were about as much use as a chocolate fireguard and the DSS were just as bad sticking by their rules.

Quite frankly it makes me ill to read their final response letter to the Ombudsman because its all full of lies.

Again I have said I dont know how these people have still managed to continue to trade. If you can get them UH then go after them.

Why is it out of time ? Have you ever heard of section 32 of the limitation act ?

14A Special time limit for negligence actions where facts relevant to cause of action are not known at date of accrual.E+W

(1)This section applies to any action for damages for negligence, other than one to which section 11 of this Act applies, where the starting date for reckoning the period of limitation under subsection (4)(b) below falls after the date on which the cause of action accrued.

(2)Section 2 of this Act shall not apply to an action to which this section applies.

(3)An action to which this section applies shall not be brought after the expiration of the period applicable in accordance with subsection (4) below.

(4)That period is either—

(a)six years from the date on which the cause of action accrued; or

(b)three years from the starting date as defined by subsection (5) below, if that period expires later than the period mentioned in paragraph (a) above.

(5)For the purposes of this section, the starting date for reckoning the period of limitation under subsection (4)(b) above is the earliest date on which the plaintiff or any person in whom the cause of action was vested before him first had both the knowledge required for bringing an action for damages in respect of the relevant damage and a right to bring such an action.

(6)In subsection (5) above “the knowledge required for bringing an action for damages in respect of the relevant damage” means knowledge both—

(a)of the material facts about the damage in respect of which damages are claimed; and

(b)of the other facts relevant to the current action mentioned in subsection (8-) below.

(7)For the purposes of subsection (6)(a) above, the material facts about the damage are such facts about the damage as would lead a reasonable person who had suffered such damage to consider it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.

(8-)The other facts referred to in subsection (6)(b) above are—

(a)that the damage was attributable in whole or in part to the act or omission which is alleged to constitute negligence; and

(b)the identity of the defendant; and

©if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant.

(9)Knowledge that any acts or omissions did or did not, as a matter of law, involve negligence is irrelevant for the purposes of subsection (5) above.

(10)For the purposes of this section a person’s knowledge includes knowledge which he might reasonably have been expected to acquire—

(a)from facts observable or ascertainable by him; or

(b)from facts ascertainable by him with the help of appropriate expert advice which it is reasonable for him to seek;

but a person shall not be taken by virtue of this subsection to have knowledge of a fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice.

Linky:

http://www.legislation.gov.uk/ukpga/1980/58

Hi,

I feel very sad about the way we have all been treated by these companies and to read peoples individual stories not only on CAG but also from friends of friends..

We have never tried to dodge our responsibility to pay our debts however, most have either treated us with contempt or simply flexed their muscles to cause us maximum damage and hardship..

Can't thank the tireless helpers on this site enough and we will always appreciate them..

This being said then, just go for it you might find they cave in quite quickly..read what you can, ask for help and definately start your own thread, this way you will be in a better position to be helped..

I feel quite happy this week ! GE next ...

thanks nevos....oh the irony Im volunteering for the CAB but Ive discovered not all CABs are equal. I might see what I can do and will try to read what I can. My brain is suffering from information overload at the moment.

To be honest I dont even know what Im going after them for other than they harassed me out of my home, lied on the document to the courts about how much I owed (I didnt contest this I was beaten) and probably charges on my bill for none payment.

Where do I start? yes I will create a new thread I think..

thanks nevos....oh the irony Im volunteering for the CAB but Ive discovered not all CABs are equal. I might see what I can do and will try to read what I can. My brain is suffering from information overload at the moment. To be honest I dont even know what Im going after them for other than they harassed me out of my home, lied on the document to the courts about how much I owed (I didnt contest this I was beaten) and probably charges on my bill for none payment. Where do I start? yes I will create a new thread I think.. -------------------

Hi Elliebes..sorry have been busy lately and not replied to your post. I.m not sure if you can do anything about it retrospectively as your agreement will have been terminated though, I guess you might be able to file some kind of compensation claim if you can put it all together what happened and make a case.

Did you just let them take it or could you not pay the loan or something? was it a second mortgage? Good luck with CAB..

If you feel that time has passed then there is high court case law to support Kleinwort Benson vs Lincoln City Council

thanks. Ive decided to not bother and let it go.

I did take out a loan based on my equity and they did do a lot of lying things to get their grubby hands on my home but in the end due to being pushed into selling my home in an online AUCTION to stop them getting their hands on it was my only option at the time its just going to be a whole load of stress that I dont need. This was 6 years ago.

I beat them in the end but to my detriment. I wouldnt recommend doing what I did but if your desperate its another option to pull the rug out from under them. They thought they were going to foreclose on my home and got their eye wiped. Ok yes they got back their mortgage and the loan payment but they wouldnt have been able to make any further profit from it.

Im rehoused now albeit rented but I will never own another property again on this basis and I dont want to Im happy with renting.

Home ownership is not what its cracked up to be unless your loaded.

I will just warn people in the future not to take out ANYTHING with KENSINGTON MORTGAGES.

Thanks for your input.

Why don't you get a SAR from them, and write a letter asking for the charges back anyway ? They may well not put up a fight...

I did write them a letter some time back asking for my charges and they just ignored it!

If they ignored your letter why don't you open a case with the FOS ? You have nothing to lose, and Kensington will be charged £450 by the FOS just to investigate your complaint....

man 42 is right go for it... They are trying to settle disputes amicably to avoid the FSA after getting some hefty fines..

Kensington have acknowledged service of the claim, thats it for now..

Can you tell me which solicitors you used ? I am about to start a claim against London Scottish. I have £1500 in set up fees on my secured loan plus over £2000 in late fess ect. The loan was for £8k and 5 years on I owe over £11k still. Cheers

Hi,

Been some time since I posted here:

cazkenny2000

I did it myself as they had added charges of ( from memory) around £1250 or so over a period of time, just before the end of the loan I hit them with a county court claim..they came back with an offer of 900, I refused to accept it then, I thought perhaps I should have anyway, they came back with the full amount.

I might add that, to pay off the loan was £2500 within the settlement I agreed to pay the balance £1250 within 14 days..end of story and adios Kensington..I just had got some tax back..

Hope this helps, I had found a lot of info on CAJ especially where they had all got fined in to the millions for not helping people..did the trick..

Thanks.

... I had found a lot of info on caj especially where they had all got fined in to the millions for not helping people..did the trick..

 

Thanks.

 

 

 

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