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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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Old GE money mortgage now Kensington - Arrears & Payment Arrangement


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Hi all,

since being in financial difficulty over the last few years

I have had dozens of £40 admin charges added to my account for making late payments.

I understand that I can claim these back

 

I have read other posts to see the procedure which is so helpful thank you,

 

Im just wondering how it would work as last year my account was taken over by Kensington Mortgages and if they refunded the admin charges where would the refund go

- woud it be sent to Kensignton to pay off the charges arrears balance?

 

Many thanks !

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  • 3 weeks later...

you need to work out how much it all adds up to including interest on the charges (unlawful). If the debt was legally assigned to Kensington then you get the money from GE, it cant be just passed on to reduce your debt with another company although they will try that on if they even admit they owe you the refund

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  • 3 months later...

I'm just starting a claim for £40 admin charges added over the years,

 

Ive been reading through threads tonight and just confused about the spreadsheet to use and what interest charge to put into the spreadsheet.

 

On the mortgage statements the interest rate varies from 2.95 up to 7.99% on the 2006 statements.

 

Also unclear if I should use the StatInt Sheet or the CISSheet.

 

At the end of each statement is says for example (annual statement 2009)

Interest Bearing Charges £1837.50

Additional Interest Incurred £213.88

Payment received towards these charges & Interest £125.54

 

So gathering from others posts and responses these additional charges are non reclaimable?

 

Sorry for posting when I'm sure this is all in here! Just want to make sure I get this right, as I usually get everything wrong! :roll:

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I very much doubt you'll get penalty charges back out side of 6yrs.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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6yrs not months

you could try putting ALL of them on your sheet

see what they do??

 

stat int sheet [auto at 8%] as that will be more money than the CI at 2%

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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

Update: GE Money replied to me saying that since my mortgage was taken over by Kensington last year that they have closed the case and forwarded the complaint over Kensington.

 

I thought that as GE had charged the admin charges originally that the claim would be to them.

Question is do I trust that they have forwarded the claim to Kensington or do I resend the complaint again :???:

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Hi Jaxleeds,

the charges are for administration charges

- sometimes they charged £40 sometimes £50,

also some other charges like counselor visit?

 

I am advised these charges are way over the actual costs to them as a company and are therefore unlawful and can be reclaimed.

Probably better that one of the CAG experts explain it rather than me!

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already tried but its not stuck in...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Jaxleeds, the charges are for administration charges - sometimes they charged £40 sometimes £50, also some other charges like counselor visit? I am advised these charges are way over the actual costs to them as a company and are therefore unlawful and can be reclaimed. Probably better that one of the CAG experts explain it rather than me!

 

 

Exactly the same situation as me then. Good luck!

 

 

dx - what have you tried to explain to me that 'hasn't stuck in' ?

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  • 3 months later...
  • 2 months later...

I have had a reply from Kensington in relation to my claim originally to GE Money (but then as the mortgage was taken over by Kensington the claim was redirected to Kensington).

 

They have offered as a gesture of goodwill to refund 9 Admin charges of £40.00 and one charge of £50.00. Totalling £410.00. There is no mention of compound interest but only am additional payment of £50 as they did not keep me informed of theprogress of the complaint as promised.

 

There are over 20 admin charges within the last 6 years of £40 and some £50, also a 'debt counselling' charge of £90.00, I need to put this all into the spreadsheet again but I think this adds up to with compound interest about £1400.00.

 

Can anyone advise me of the next action given that they have provided this response not including all unfair admin charges and not including and compound interest.

 

Thank you :)

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do as you've correctly stated

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no need for one

simply write back and demand the other charges back ONE line

inc spready

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

do both

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 7 months later...

Another reply from Kensington saying they have completed review of my complaint. Says their initial decision remains unchanged but they have amended the total fees which are to be refunded, "The additional fees and interest at 8% which you kindly detailed within your letter will not be considered"

 

I requested approx £1500 refund inc interest and they have offered £480 which they have already refunded to my account to reduce the arrears, also they have made a payment of £50 for distress and inconvenience into my bank account.

 

I'm not really happy with the response but i suppose its better than nothing as I suppose i am in arrears with them.

 

Anyway I just thought Id update this thread with the outcome, advice appreciated not sure if i should pursue this further

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pers i'd goto the FOS, you might not win but it will cost kennys a tidy sum in their investigation fee they get charged.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Been following this as I had similar with Nemo and Rooftop etc, went to the FOS which was a complete waste of time as they basically told me that any charges like this are appropriate and acceptable.

 

was that an adjudicator or did you escalate to the ombudsman? As the charges arent appropriate or enforceable or even levied fairly. Thats why so many people are successful at reclaiming all of it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The adjudicator dismissed my complaint initially about excessive charges

I

took advice from this excellent site and asked it to be sent to the Ombudsman who asked a few more questions and then agreed with the adjudicator.

 

I got the distinct impression that

a - they are swamped with complaints and

b-they don't really know what they are doing because of this.

 

Its only advice based on my issues but I wouldn't bother waiting the 18 months or so for the decision.

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