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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Kensington SPO ***Resolved***


markez78uk
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  • 3 weeks later...
  • Replies 967
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Just AN update

my account is now with the sensitive case forum and they are deciding if they will accept my proposals i should get an answer Thursday this week

and if they do accept then all is sorted and moving forward my payment dates will be the 28th of each month

 

if they dont then they will issue eviction

so just holding on and awaiting the outcome :(

 

Due to pay again on the 28th so all Payments will be caught up

 

Regards

markez

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just remember

no talking on the phone

everything in writing

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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Update

kennys called me today and stated they are willing to accept the proposals and will monitor the payments for 3 months then if all ok no further action will occur

and they are happy for me to pay on the 28th of each month

so hopefully we are finally sorted !!

 

Thanks once again everyone for comfort words and expertise advise !!

You Have all been a rock !!

 

And Yes DX i Answered the phone unfortunately - but it seems all worth while

Just awaiting written conformation

 

Regards Markez

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are they putting that in writing

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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Told you that the letters would work :) they get a bit wobbly when they realise you know how to put your case across. It's the waiting for a response that gets you down, but it has paid off.

 

 

For goodness sake don't miss any more payments - I don't think you would get another chance with them.

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i wont ell !!

thanks so much for all the hard work you and others have put in !!

 

we are financially stable and can start to work at getting these arrears clear

 

for anyone else out there going through the same or similar these guys and girls on here are AMAZING !!

 

Dont give up hope and dont let these mortgage sharks eat u up inside

 

without the help and guidance from the CAG Team we would of been homeless several times

myself and family cant thank you all enough ELL-EEN dx and others :)

 

Dont ever give up hope

 

Regards

markez

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Well done to all involved...good work.

 

Andy

We could do with some help from you.

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have we still to hit them with reclaiming all these fees too yet [saves me looking back 10 pages...!]

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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have we still to hit them with reclaiming all these fees too yet [saves me looking back 10 pages...!]

 

I think its best to let sleeping bears sleep.....dont be poking them now you appear to have an agreement in place.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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I agree - keep up payments for a few months - the charges aren't going anywhere, they can wait

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  • 5 months later...

Hi guys

Just a quick bit of advise

My account with kennys was going all OK

 

In November they made we agree to cmi plus £280 instead of court order of £200 which was fine as to be honest I wanted to get the arrears down quicker...so they set the agreement at £950 a month and have statements to show this and print outs from my Web account showing the arrangements .

I paid November and January.

 

Now the tricky bit i need help with .

In mid January I was advised my account had moved due to a massive change at kenny's.

I got a whole new account number and was blocked using the website to view my statement and due payments because I had to re-register of which again was fine..

 

End of December my cmi was 680 as I'm on intrest only .

When I reloaded the online account it stated my new cmi was £540 and had no arrangement in place

 

I called and was told I only have to pay the due amount as the previous arrangements had finished and I had to make another one .

I paid the £540 and sent off a new proposal.

Come end of January it showed the payment had been applied .

 

Now the issue

I'm on interest only and they stated my cmi was £540

however they applied £705 interest and it's showing I have to pay £540 this month so I'm gearing up to pay that ..

 

Got a letter today stating I haven't kept to the arranged payments so they have cancelled it !!

now I have 7 days to try and make an arrangement within 7 days, letter dated 16th Feb and arrived today !!!

 

Other wise they will pass my account back to litigation to issue litigation action ..

but I want aware my account wasn't with litigation as it always has been with them in the past ..

 

Also turns out the letter I sent to Skipton office wasn't received as they have moved the offices to maidenhead I'm writing a letter to go first thing Monday .

 

Could anyone help ???

 

I've worked out that the offer should be around £150 a month as well as the cmi as that's in accordance with the Norman rule ..

 

Regards

Markez

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Hi Markez, the only agreement you have is with the court order so you should always pay that amount on top of your normal monthly payment. It's not for Kensington to make new agreements - you stick with the court order no more and certainly no less! If you miss just one of the court payments Kenny's will go for eviction again

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thanks ell for getting back so quickly ,

yes im paying the cmi and £200 extra inline with the court order on the due date (28th feb)

im writing to them today to advise this

 

they state they have cancelled the agreement which they set 3 months ago for cmi + 270 a month towards the arrears in on the 166th feb

but this arrangement ended end of january

 

bullies and demanding more every few months - not heard from them since end of October apart from letters advising how much the cmi was and my account had changed and i had to re create an account on the online web service.

 

just got a new letter today

so the letter dated 16th of feb basically states -

you have not made payments to us as agreed so we have cancelled your payment arrangement you are breaking the terms of your mortgage !

we want to help you contact us within 7 days if we dont hear from you your account will be referred back to the litigation team and litigation action will commence .

 

new letter today dated 19th feb

is quarterly statement and shows my payments

but also states if you haven't allready done so please call ! our collections department to access my account with a view to finding an appropriate solution for example we may be able to provide some forbearance which will allow you to pay the arrears over a period of time ..

 

also 1 last thing - as above im on intrest only and they tell me what is due every month . ln december it was £680 of which i paid and they applied £593 interest then i got a letter stating due to a change in the libor rate my due payment for January is £540 of which i paid and then they applied £705 interest the same day the cmi was due this in turn putting my balance up ???

 

if im on interest only surely whats due is the same that is applied ??

 

thanks for listening

sorry to go on just though we where sorted and then boom 4 months down the line its started again however im not bowing down and paying £950 a month im sticking with the cmi £540 and court order of extra £200 this in-turn sticks with whats due

 

regards.

Markez

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should i just send a letter stating inline with the court order i will be paying cmi +£200

on the due date

 

just 1 last thing my due date is the same as my pay date but my statements show the payment was applied to the account 5th of jan (paid 28th december ) and i paid on the 28th jan on the due date and again applied to the account 2nd feb will this show as late payments ?? if i had to go to court

 

Regards

Markez

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Hi, you should pay £200 per month on top of whatever the monthly payment is - if your normal payment changes you pay the £200 on top of that. However, you should always make sure your payment gets to them by the 28th if that is the due payment date, if you don't it will look like you are running one month behind all the time.

 

You should write to them stating that you will be making payments in line with what the court ordered i.e. £200 per month in addition to the normal monthly payment. It is the court which sets the arrangement and if they attempt to change that you will inform the court!

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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.

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Brilliant thanks

just looked at the account the due date is the 1st but they take the payment on the 28th the month before which is fine

but it doesn't showed applied for quiet a few days on my account ...

getting letter done and sent as we speak today

 

thanks for your help

and hopefully letter will be enough to carry on as we where

Regards

Markez

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it is an old ploy that even the bigger building societies used to do, they take the money and then it is held and then applied to your account some 3 days later, same as if you had paid them directly by cheque. The so called clearance time earns them a smidgen of interest but back in the days when interbank overnight deposits got 17% it was worth doing

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ahh i see :(

sent letter on saturday ell

1st class recorded

will be making full cmi and £200 extra as in court order on 28th as stated in letter

see what happens next as i pointed out the arrangement they set at cmi + £270 expired end of December and was unaffordable

also the court order is for £200 +cmi

will see what happens with there reply

 

regards

markez

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You should take no notice of their "arrangements" - you only ever pay what the court ordered. If Kensington try to get you to agree to a different arrangement then you tell them you will report them to the court!!

Help us to keep on helping

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

 

 

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Update

 

they have sent a response stating they will look at my complaint and open up my file and send a reply within 4 weeks

 

my letter however was a proposal and stating i would only pay the amount as in the court order and not any other higher amounts that kensington wanted me to agree to to stop litigation action

 

as stated i paid the full cmi and extra £200 on the due date .....so we await the decision

 

hopefully the response will be around the next payment is due 28th of march of which again i will be paying the amounts as agreed in the court order

 

so no judge in the land would allow possession when i have been paying what is due

Regards

markez

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