Jump to content


  • Tweets

  • Posts

    • Do you have historical meter readings from before the meters were changed? And more recent history showing consumption, in metered units not in £s,  since the change. One specific thing to check is gas. Check that the meter and the bill use the same units. If the meter is recording cu.m but they're billing as if it was counting 100 cu.ft, then your bill will be nearly three times too high.  Overall I'm guessing it's an Ovo screw up. It's significant that they didn't block the transfer, maybe they aren't so sure of their position.
    • Hmmm, interesting point. In my career, that I am retired from now, there were an immense amount of rules and regulations that one had to adhere to by law. The qualification process is rigorous with on going assessments throughout your career and re-certification every 12 months. If you were shown to be not competent in those rules and regulations you could not hold the position and the operational consequences of that could potentially be dire. In the same respect, perhaps a judge who is not conversant in the rules of POFA should not sit in on cases that requires proficiency in that area? I also bow to your considerable knowledge in this area, perhaps I shouldn't be commenting but by doing so I find it helps the learning process. Your last point has just reminded me of something that may help my case, thank you.
    • Just had an email re the my breache in agreement by her rep.   I asked you yesterday if they had asked about her name in the thread being removed.   The issue they have is the Elizabeth turner and genetic pups entry on google.   they knew I did not put it up and told them so in court.  I dnt know how to post on google.   I told them I cannot remove what I did not post.  when i come back here and saw her name gone from threads title, I presumed her reps sought it.   now I get an email saying her names still on google ur breaching the agreement as it’s still on google.  
    • Peter McCormack says "ambition is big" and Real Bedford's attendances are increasing with promotions.View the full article
    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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
  • Recommended Topics

Kensington SPO ***Resolved***


markez78uk
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1711 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'd go to the FOS and tell them that Kensington are trying to change the payment the court ordered which you are maintaining.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

  • Replies 967
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

and complaint about poor compo for your complaint...

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... 

Link to post
Share on other sites

hi guys

i dint think they are trying to change the payment as such , i feel if i send and income and expenditure and if it shows more affordability they will demand i pay more than whats been fixed by the court

 

haven't a clue were the 3 months review has come from tho i think thats from when i agreed to make higher payments back of last year and they stated they would monitor it for 3 months .

 

i haven't any extra magical income so they wont be able to grab any more

 

as you guys have said and i really appreciate the help

- im paying as in line with the court order ,and to be mega honest im not to sure why they have awarded a £50 refund ?

 

but i will try and get a letter done to send to the fos over the weekend

 

Thanks Alot

Regards

Mark

Link to post
Share on other sites

They wouldn't be asking for I & E information if they weren't thinking of trying to increase your payments ! they will assume you don't know that you only have to pay what the court ordered. I'm surprised they're still banging on about it after you sent them a letter saying you were only required to pay what was agreed in court.

 

 

Let them stew for a bit, if they threaten to take it back to court - let them get on with it - at some point their legal team would come to their senses.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

  • 4 weeks later...

Good afternoon - update

so i havent sent the income and expenditure and i have been paying the cmi + £200 and heard nothing (blessing)

 

however the BIG BOMBSHELL - i have just received a letter today stating the following

 

we are contacting you withing guidance issued by FCA

The guidance which was issued in april 2017 ,clarified that after june 2010 mortgage lenders should not have automatically included any payment arrears balances in calculation of the regular monthly payment ,whilsy at the same time asking customers to repay the payment balance separately .

 

The fca expects this practice to STOP & where this resulted in customers being over charged or otherwise unfairly treated ,action taken to correct the account and if appropriate compensation paid !.

 

kennys reply with the following :

 

following a review of my account we can confirm that your account has been impacted and that your contractual payments was previously calculated including the payment arrears balance.

 

we acknowledge this was not in accordance with the fca guidance and as a result the amount we requested you to pay each month was incorrect and you may have been incorrectly charged fees and expenses.

 

please accept our sincere apologies for this and our assurance that changes have been made to our systems,procedures and controls to prevent happening again .

please see below what steps we have taken to put this right and how this has affected your account

 

1. we have corrected your payment arrears balance and account balances to what these would have looked like had your contractual monthly payment been calculated without including your payment arrears balance .

 

2. refunded any payment arrears fees and charges that we have charged you were these would not have been due based on the correct payment arrears balance .this correction includes a recalculation of the interest charged to you .

 

3.Where applicable , compensate you where you have overpaid each month as a result of your CMI Being higher than it would have been had we not included your payment arrears in the calculation of your monthly payment.

Compensation has been calculated at a rate of 8% per annum less 20% for basic rate income tax ..

 

 

Your account correction is as follows

 

Adjustment to payment arrears balance -£8443.01 taken off the arrears was £28k now £20k

 

compensation at 8% simple interest per annum £0

 

less 20% income tax on the 8 % £0

 

refunded charges including historical interest £0

 

so here my issue >

£0 compensation

 

when the 6 years came up to renew the suspended possession order kennys won it on 1 thing the size of the arrears - of which i stated in court wasn't correct so they liedk

 

i also have a letter when i complained to obundsman stating the arrears balnce wasnt included in the cmi payments - again they lied

 

i question why my cmi payments kept rising each and every other month - they explained due to the libor rate - again a lie

 

The total balance on my account last month is exactly the same this month ?

the initial mortgage was for £97k

i hade arrears of £28k and the im on interest only and the outstanding balance was £133k

 

after they have just knocked off £8k the balance outstanding is still £133k ?

 

They also stated above the cmi payments were high because of this error and now have been corrected ????k

 

3 months ago the cmi was £540 last month £545 and now this letter STATES

 

Going forward the repayment of any missed monthly payments,future fees,charges and unpaid insurance costs will no longer be automatically included in your monthly Payment so we have changed your monthly payment to reflect all the above and account changes !!!!!!

 

Your new monthly CMI Payment will be £589.84 from 1st of july !!!!!! going up again another £40

 

Please can somebody help drafting a letter to send to get compensation ?

 

as i have sufferd,anxeity,depression,,relationships and work issues all because of their demanding higher payments and harassment since 2007

 

also how can the cmi payment be even higher again now they have removed all the above arghhhhh

 

Thanks for reading

regards

markez

PS DX I havent even been on the phone to them :)

Edited by dx100uk
Spacing
Link to post
Share on other sites

Scan it up topdf

You pay what thejudge ordered

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... 

Link to post
Share on other sites

hi dx

bit confused scan what to pdf ?

also confused that my cmi was 545 thus month and now after kennys admitting they where charging for extra stuff in my cmi and they have now corrected it the cmi is going upto £589 even after wipping £8000 off my arrears yesterday .

can some please help draft me a letter to send to complain and seek compo - as I have to send to them before I send complaint to fos

 

Regards

markez

Link to post
Share on other sites

The letter in post 595....

Read upload

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... 

Link to post
Share on other sites

I think you should write to them advising that you find their letter confusing and ask for a detailed calculation showing how they have arrived at the new figure, with an explanation at each stage of payment change. If you don't get a satisfactoty response then go straight to the Ombudsman to see if they can work it out.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Good Morning ,

sorry been away from the computer over the weekend ,

struggled the other day to upload the letter i will try again today

thanks ell

i will try and draft a letter later today .

Regards

markez

 

I think you should write to them advising that you find their letter confusing and ask for a detailed calculation showing how they have arrived at the new figure, with an explanation at each stage of payment change. If you don't get a satisfactoty response then go straight to the Ombudsman to see if they can work it out.

 

with an explanation at each stage of payment change.? do you mean the cmi payment that kept changing from month to month ????

Link to post
Share on other sites

with an explanation at each stage of payment change.? do you mean the cmi payment that kept changing from month to month ????

 

 

Yes, you want to know what the reason is for any change

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Carefully read upload use pdf only

Ignore kennys

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... 

Link to post
Share on other sites

ok thanks

i will have another go over the weekend

Cheers

Markez

 

best i could do Pics saved as pdf

as couldn't get my scanner to work :(

 

also one last thing - the letter states they are correcting may cmi payment accordingly

but in July 2018 it will be going up by £40 ?? anyone any ideas - as the balance has gone down and now the arrears are down by £8000

 

Thanks

mARKEZ

 

ps DX Have a look at page 4 they are obsessed with phone contact ... they have called me 7 times in the last few days :0

Corrected Payments.pdf

Link to post
Share on other sites

But you're doing what Uncle dx said about keeping off the phone, aren't you? :) From what you say, they don't want to put things in writing so they can't be proved wrong later on.

 

 

I think there's a wording you can send them to say you only want to deal in writing, hopefully someone will be along to advise on that.

 

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

they have shot themselves in the foot big time here

and you should sue them for unwarranted harassment.

 

you have the written documentation to prove they continually forced you to pay more and harassed you on almost a daily basis.

they knew they were wrong to do it

you knew they were wrong to do it.

 

this could be worth £1000's statint that they have deprived you off too of all the extra money and

 

they ARE entitled to compensate you for the 8% statint that they have deprived you off too for all the extra money they've 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... 

Link to post
Share on other sites

Hi Everyone,

 

I have never posted on here however I would just like to say that the information here is invaluable. I was saved today by getting a suspended possession order by following the information in these threads and I am sure there are many more people reading whilst not commenting.

 

I am very thankfull for having found this

Link to post
Share on other sites

Kenny's?

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...