Jump to content


  • Tweets

  • Posts

    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
  • 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 1710 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

hi all

yeah im going to appeal HB and see if a big ombudsman will look at it

Thanks spud , Andrew

 

it just gets me every time ..but im surviving off the fact im making the payments i did miss a payment last august thats why they issued the eviction but haven't missed a payment since ...im even paying an extra £100 this month on top off what the judge stated as i have some pennies left over

just shows willingness on my part

thanks all so much

Markez

Link to post
Share on other sites

  • Replies 967
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Marez, keep making payments on time - if they do issue an eviction you will be able to show the judge you can keep to the payment agreed, but you must never, ever, ever miss payments as I doubt you'd be able to keep your home again.

 

We can help you defend if eviction warrant is issued so stay positive.

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

Thanks Ellen ...

I hope it doesn't come to that again as I can't face a day in court again .. I'm going to make some small payments through the month as well to chip away at it ..so it will be coming down even quicker and the payments will be higher than what was orderd on the court order..as my wife has had a pay rise start of this year ..won't be telling them ...but will be paying them extras as we want this arrears situation gone ....sooner than later

Regards

Markez

Link to post
Share on other sites

That's good news Markez and it sounds like you are budgeting well, but keep a bit back for a rainy day just in case you do get a surprise expense and the mtg payment looks vulnerable. Having a payment tucked under the mattress might come in handy although getting these dross out of your hair quicker is paramount to your longer term aims.

 

Well done thus far.

Link to post
Share on other sites

As Andrew says, don't pay them all the extra you have - you wouldn't want them to get even a whiff that you have a bit more to give or they'll want it! just a little bit extra is enough at the moment- if you haven't got a savings account, then get one - and put a little by in it when you can then if anything goes wrong at least you'll have something to fall back on (keeping it in a tin in the house is a bad idea by the way - too easy to "borrow" it (been there!) LOL).

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

thanks guys and girls,

im sending an email today to appeal against the FOS Decision - they havent even picked up on my complaint correctly

they have advised they cant see anything wrong with kennys upping the cmi from £589 - £592 as im on a variable rate

 

my complaint wasnt about one rise it was about several rises in the past 5 months grrrrrr

i will let you know how i get on

 

Regards

mARKEZ

Link to post
Share on other sites

was your decision from an adjudicator not the ombs man himself?

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

up you go then.

escalate it to the ombs.

 

BUT DONT WAFFLE!!

 

just a quick bullet pointed email of a few reason why you think the ADJ decision is unfair.

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

Do not worry about Kensington threatening you with eviction, it is a standard tactic to intimidate you into surrender. REMEMBER THEY ARE KNOWN CROOKS, in every court in the land. I have faced them nearly 20 times in court and every time the judge sees through them and refuses point blank to give them possession.

 

Do not fear them or should I say there agents as they will never show themselves in court as they prefer to call the shots behind the coat tails of others.

 

Bear in mind in near,y all cases the facts are incorrect and they have a habit of adding hearty fees to the account. Do not trust anything they say and question everything. Do not ever speak with them on the phone always in writing recorded delivery and keep copies.

 

One point I would also make is that when the crooks applied for repossession originally did you agree with the figures they presented to the court, i.e. They say it was xyz and you say abc? If so go through the account and if you can show the figures are false you may have a case to have the order revoked. Bear in mind you have been paying interest and solicitors costs along the way all of which are added to the loan. Trust me I. Know it's a nightmare to do but it's worth it.

For me I won't stop until I see these greedy underhanded crooks get what they deserve,

 

Good luck

 

In my case I am still suing them for harrassment and false accounting which has resulted in several refused offers from me,

Edited by honeybee13
Paras
Link to post
Share on other sites

Thanks for the kind words.they changed my account number last year in march and my online statements only show from march ..I did argue the arrears balance at the eviction hearing also I argued again when the suspended possession hearing occured for a renewal of the order apparently they had to apply for renewal after 6 years ? I have asked them several times for statements of the cahrges and arrears to no avail

Regards

Markez

Link to post
Share on other sites

I wonder why they changed your account number? That usually, in Accounting terms at least would imply a change somewhere internally such as a securitisation or sale of the loan product to some SPV or other new lender perhaps or a change in product.

 

They won't tell you of course and the name and everything else will remain the same, but computerised systems are programmed and these sorts of changes are not just randomly applied without good 'internal' reasons. If you raise the question they'll tell you nothing's changed as far as you are concerned and your liabilities remain as was, but keep an eye on your paperwork Markez if and when you do a DSAR on them. The devil's in the detail and it could raise other interesting issues. Keep notes of the dates you spotted that and raise it if you find anything 'unusual'.

 

It's like when you see a wart come up on your skin, you know something's going on underneath.

 

Nothing like a good scratch to uncover it!!

 

Have a good weekend.

Link to post
Share on other sites

Hi , They changed the accounts over as the company was sold on again back in November 18.

 

Obviously no one knew this as they kept it quiet but if you ask for a statement you will see it in black and white.

 

Apparently it's being disguised as an account upgrade to there system.

 

Northview own Kensington now so expect your rates to go up and up. Funny enough I believe they also own Southern Pacific now and you'll never guess what it's all ran by the same crooks that ran it before.

 

Check out the directors of SPML , Kensington and Northview , it's all the same people just appointed one day, resigned the next and appointed to one of the others for a few more months(it appears) and off again.

 

More slippery than wet manure

IT STINKS THE WHOLE LOT OF IT.

 

Let's just keep the faith that one day soon they are all bought to justice and the luxury 6million pound homes that most of us have paid for, are subjected to the indefencable behaviour we have suffered over the years. After all , most of the Lehman outfit the other side of the pond have faced jail time so it's just a matter of time before the penny drops here and justice is dished out to these in bucket loads .

 

As a footnote to all may I suggest a film to watch " The Big Short" it may show you how they set up this [problem] in the first place.

 

Good luck and keep everything in writing recorded and or taped that's my advice as they will deny everything.

Link to post
Share on other sites

Hi , They changed the accounts over as the company was sold on again back in November 18.

 

Obviously no one knew this as they kept it quiet but if you ask for a statement you will see it in black and white.

 

Apparently it's being disguised as an account upgrade to there system.

 

Northview own Kensington now so expect your rates to go up and up. Funny enough I believe they also own Southern Pacific now and you'll never guess what it's all ran by the same crooks that ran it before.

 

Check out the directors of SPML , Kensington and Northview , it's all the same people just appointed one day, resigned the next and appointed to one of the others for a few more months(it appears) and off again.

 

More slippery than wet manure

IT STINKS THE WHOLE LOT OF IT.

 

Let's just keep the faith that one day soon they are all bought to justice and the luxury 6million pound homes that most of us have paid for, are subjected to the indefencable behaviour we have suffered over the years. After all , most of the Lehman outfit the other side of the pond have faced jail time so it's just a matter of time before the penny drops here and justice is dished out to these in bucket loads .

 

As a footnote to all may I suggest a film to watch " The Big Short" it may show you how they set up this [problem] in the first place.

 

Good luck and keep everything in writing recorded and or taped that's my advice as they will deny everything.

 

Northview have owned them since 2016 pos before?

 

Theresa May opened their new offices

 

https://www.businessmag.co.uk/maidenhead-theresa-may-opens-northview-groups-new-headquarters/

 

Looks to me that they have changed account number as they are trying to hide what went on before.

 

LL

Link to post
Share on other sites

Lester,

 

We, as in most of the normal working class , were not informed by phone, txt, email or god forbid a letter that we knew that this underhanded deal was done in 2016 , my accounts via sar and letters confirm the sale and or accounting or restructuring or whatever Else you wish to call it, ( I have my own version) ,

 

Not long before the bricks come tumbling down on these sharks and we all get vindicated, it just takes a few judges to show some balls and agree that thee re out and out crooks who have made a very healthy living out of the underclass or the ill informed , fight fight fight al, the way at court and have the confidence to challenge everything they say because it's all make believe, and ask the judge not to award costs at any level.

 

Let's get the top people to face the judges and not the underlings who are trying to make a name for themselves and get more businesss for there clients . They know it's not within the law but money is money and they also need to pay the bills or just keep there job as most are on targets these days.

But honestly, they take an oath and it is severely compramised when they are telling "untruths " in front of the crown.

I hope that when this is all properly exposed the solicitors who represent Kensington and SPML and other similar outfits are struck off the register for life.

 

Can they pay there bills when they are out of work or struggling !!!!!!

Link to post
Share on other sites

  • 3 months later...

So all has been paid on time and I haven't heard a peep from them .also the complaint is still with fos

However we can't afford to make the 30th April payment untill the 15th of next may and the 15th every month thereafter . Wife has a payment date change .I have called them and advised and also written to them .. 

They state my account is not edible for a payment date change ..

 

 

So they will proceed with legal action ...

 

Regards

Markez

 

 

Link to post
Share on other sites

again theres those words again..i have called them..STOP CALLING THEM>!!

 

if you have these situations again whereby payment cannot be made

write them a simple brief letter.

 

stating

our wages payments have now charged

this means payment will not be made on date  XXXXXX of the month

this will now be made on date XXX of the month

all following monthly payments will now be made on the XXXXX date of the month.

 

let them be pigheaded and try court again.

you know what to do

and will win again easy peasy.

 

 

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

Thanks DX 

I only called them as I had no response to my letter.

And just wanted to know if they had received it and also there is nothing worse than the eviction letter arriving completely out of the blue ..

 

I'm even paying more than what the court order was for ..so hopefully that would go in my favour ..

 

See what happens and I will keep you posted .

Regards

Markez

 

 

Link to post
Share on other sites

you never ever call them!!

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

On 26/04/2019 at 20:37, markez78uk said:

So all has been paid on time and I haven't heard a peep from them .also the complaint is still with fos

However we can't afford to make the 30th April payment untill the 15th of next may and the 15th every month thereafter . Wife has a payment date change .I have called them and advised and also written to them .. 

They state my account is not edible for a payment date change ..

 

 

So they will proceed with legal action ...

Oh bloody hell 

Regards

Markez

 

 

 

Be careful with them! When we were with them I rang and paid all arrears and they stated £0.00 owed. Going forward paid DD on time. 

Called after payment and asked if we were up to date NO!  We owed 92p as they had mis calculated! So I paid it and asked if our credit would be marked in default. No as it is under £1.00. I went mad, they admitted they wouldn't have told me so the next month they would have marked our credit and before we knew it we would owe hundreds.  He eventually agreed with me. 

How many people have they done this to? Scumbags

 

LL X

Edited by lesterlass
Link to post
Share on other sites

Markez,

 

You only pay what the court order tells you, not a penny more. So your payment date changed, no big deal! It happens all the time.

 

Trust me IF they decide to go through court the judge will certainly go against them. Further, they are putting you in a vulnerable position by demanding MORE money from you which could put you in financial hardship. Clearly they are not working with you but against you. 

 

They have a duty of care to look after clients. 

 

The courts know all about bout these cowboys and in your case they would be laughed out of court, don't forget to refuse the notorious third party charges which they seem to slip on to the account.

 

i know you maybe feel the underdog but stay strong , you are making the payments all they can do is threats and more threats , this is harrassment and is now a serious offence which can result in them facing the FCA AGAIN with more sanctions or revoking the licence. Just think of all the stress and worry over the years they have put you through, it's harrassment. !!!

 

if all the VICTIMS stuck together and provided the FCA with evidence they would act a lot faster than they do.

 

above all at this time my advice is 

 

Do not contact them but if you feel you have to record every second of it because they deny everything. 

 

My saga has been ongoing with them for over 10 years and they have tried every trick in there underhanded book, from false accounting to misleading the courts with pure B******t.

 

Interestingly, they have just changed solicitors again, maybe the old firm realised they were complicit in illegal activity they thought to get out while the goings good!

 

it will all come out in the wash very soon I'm certain of this.

 

keep fighting keep strong keep records keep off the phone.

 

best wishes

 

 

 

 

 

 

 

Link to post
Share on other sites

  • 3 weeks later...

Hi all just an update<

 

I wrote to them and the letter goes along the line of due to a change in employment we are unable to pay at the end of april but we will be paying you on the 15th of may the full cmi + extra £200 towards the arrears as there has been a date change with my wifes new job and every month there after on the 15th  we will be paying the cmi and extra £200 towards the arrears  this was dated the 26th of april .

and we paid the cmi + £200 on the 15th of may 

 

their response has arrived today dated the 15th of may 2019 

 

we write in reference to your letter dated 26th of april 2019 

please contact us on the number above to with your income and expenditure details to hand so we can discuss your circumstances further,

 

you can pay at anytime of the month as long as the payments are made before your due date.

 

you have advised you are going to pay your monthly instalment however you have not advised us how you are going to address the payment arears !!!!!

 

you are at risk that the warrant will be enforced and an eviction arranged for your property 

if you have any questions about this letter or you are not sure what to do next please contact us on the number shown above .

 

this company are unreal

- my letter Cleary shows I have offed the cmi + the extra each month for the arrears I even typed the offer in red so it stands out ..

 

arghhhh don't know what else to do now

- as they are making out im not addressing the arrears 

 

and they haven't listened they are telling me to call them

- I have written to them several times stating no calls :(

 

jesus the panic this causes is unbearable 

 

regards

Markez

 

 

 

 

Link to post
Share on other sites

ignore them

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

Even the fact they want an income and expenditure form ?? I've forwarded the reply to fos as our letter clearly states we have advised the date of the cmi payment along with the offer for the arrears ...

Regards

Markez78uk

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...