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I have a 10 year old mortgage that was sold by Compas Finance Broker (which I paid extortionate fees added to the mortgage) that was with GE money and has now been sold to Kensington.

 

I went through a divorce just over 5 years ago and the mortgage was in joint names, in March last year I rang GE and asked for a transfer of equity as I now have my fiance living with me and things move on, during the phone call I went through the income and expenditure and GE cleared me for the T.O.E and sent out the forms.

 

Due to delay of completing the forms due to family health problems the mortgage has been sold on to Kensington, to persue this again I rang Kensington but was told that they didnt do T.O.E's, I had a little rant and dug out the introduction pack id received from them.

In the pack it states under terms and conditions that 'there are no changes to your mortgage conditions arising from the transfer' and they also included a Tariff of Fees on kensington headed paper which clearly state 'Change in Circumstances - Transfer of equity £100.00 charge'

 

I put in writting my request for a T.O.E and sent it to kensington to get their official stance. A week later I received a letter acknowledging my complaint ???? they sent out a leaflet that outlined their Complaints procedure that clearly stated that they only accept complaints in writing ???? no complaint had been sent, only a request for the T.O.E

 

I sent back a letter pointing out that I hadnt sent a letter of complaint only a request for the |T.O.E, I received a response 'that they can confirm that the option to remove a borrower from the mortgage account is not available'.

 

Now the problem is that GE went through the Income and expenditure and sent me the forms for the transfer but yet kensington state there there is no option on the mortgage to transfer.. Despite them sending me the list of fees that include transfer and no changes to the origional contract with GE.

 

I have SAR'd GE and have proof that they went through the I&E and sent me the forms and the terms and conditions of the mortgage are very vague and brief.

 

can this be considered a breach of contract??

 

Also I state that it was 10 years since the sale of the mortgage but can the broker fees been reclaimed so far back that Compas finance broker recommended we take out this mortgage and not recommending a particular mortgage for your consideration (long shot I know regarding the limitation act)

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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mortgage limitation is 12yrs

 

 

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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Thankyou dx for your response.

 

If GE was happy to go through the IE and send the forms out for the TOE but yet Kensington have said there is no option for TOE to take place surely the terms and conditions have changed??

 

I also sent a SAR to GE and their response was that they are only have to respond with details of personal data being processed and a description of personal data, they sent a DSAR back is this correct please?

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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I am wondering if the following might also apply to other terms and conditions..

 

http://www.consumeractiongroup.co.uk/forum/content.php?840-Stop-your-bank-or-lender-breaching-their-instalment-agreement

 

If the original T&Cs allow for this action to be taken and GE Money had already agreed with you that it could be done, then I think you might be able to make a case for being treated unfairly. Just because GE Money have sold your account, if you havent agreed to any change in T&Cs then Kensington might well be in breach of contract.

 

This is just my opinion. I will flag your thread for others to comment.

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you citizenB for looking in and flagging for others, much appreciated

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Is it right that GE don't have to respond fully to a SAR please?

I'm looking at getting disclosure of hidden commissions paid now I've proof that they were willing to go ahead with the TOE.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Anyone please? any help about GE's response to my SAR would be great.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Anyone please? any help about GE's response to my SAR would be great.

 

Hadituptohere

 

Is that what they have said, that they don't have to fully comply with your request ? Any personal data, they MUST provide to you, if they have it. If you believe they are holding information back then you need to complain to the Information Commissioner.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi citizenB yes theve sent a letter (DSAR) saying there only legally obliged to send Details of personal data being processed and A description of personal data

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Thats their interpretation of a SAR, doubt the ICO will see it the same way, or a court for that matter

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Are you able to simply to remortgage to another lender in your sole name?

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Hi Martin, no my credit file is pretty shot at.. But if Kensington are saying they don't do TOE but yet GE has gone through the procedure to carry out the TOE and in the transfer between the two it states that there are no change to the terms and conditions of the mortgage (and Kensington have sent me a list of their fees applicable to the mortgage that shows TOE fee of 100.00) through the transfer, it surely cannot be right somewhere

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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I foolishly had a kensington secured loan many years ago for about a year, couldnt wait to get rid of it and re mortgaged, they are the worst company i have ever dealt with and ive dealt with some shockers.

 

Are you saying you THINK you wouldnt be able to remortgage due to your credit file or have you tried this route and its not gonna happen?

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I haven't tried due to silly defaults added by o2 and others, Kensington told me the only way to remove my ex wife was to go to a solicitor and go down the TR1 route through court

 

Hadituotohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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But why should I have to do that if GE were going ahead with the transfer?

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Just trying to think of the least complicated and easiest way to find a resolution, might then be worth a few phone calls to mortgage brokers, see how the land lies, you never know.

 

 

 

Trust me when i say ive been there, if i needed a mortgage and kensington was the only option, i would pull out

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I appreciate what you are saying totally, but if the sale between GE and Kensington isn't legally correct?? there are hundreds of people out there in the same boat.. And if I can't remortgage?? And I don't see how Kensington get off telling me to go to my solicitor and go doe the route of the TR1 if what they have done is wrong in the transfer between the two companies, again really do understand that your trying to find the easiest resolution

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Even if you took their suggested route and went down the TR1 and won your right to TOE, you would still have a mortgage with kensington, post leagalities!!

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I agree, what if the sale of the mortgages were found unlawful by either creating an unfair relationship or some breach of contract?

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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At the end of the day, its your choice which route you take with this, i would look for an easier alternative remortgage option rather than focussing on a legal fight which may be or may not be a flawed exchange of ownership, IMHO i wouldnt want to waste my time or money on it if there were another way

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Yes I agree, if there was an alternative way but I think it would be a no from the lenders and if there was a yes it would be subprime again, just wondered what anyone else thinks about the legalities of the transfer between GE and Kensington and if it is challengable

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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And I do appreciate your comments and help Martin

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Share on other sites

  • 2 weeks later...

" just wondered what anyone else thinks about the legalities of the transfer between GE and Kensington and if it is challengeable"

 

Given that GE was prepared to do a Transfer of equity but yet kensington are saying that the option isnt available, despite Kensington have sent out a list of charges permitted to the account???

 

Anyone please..

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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i can see you have limited options

 

1, TR1 route, worth ringing a solicitor to find out costs etc

2. mortgage broker, see whats available

3. mount a legal challenge to kensington, costs could become astronomical

 

You could do the TR1 without a solicitor but you would need to get up to speed with the process

There are lenders out there to remortgage

This isnt even an option, some fights you just have to walk away from

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Thats their interpretation of a SAR, doubt the ICO will see it the same way, or a court for that matter

 

Ive just gone through GE moneys response to my SAR, they state:

 

"Where a document requested contains no personal data or where the personal data contained in the document has already been provided within this letter , we reserve the right to decline the request.

A subject Access request provides a right to see the information contained in personal data rather than the right to see the documents that include the information".

 

Is this fact or is it GE hiding something????

 

Ive been reading up on secret commisions paid to brokers, which this mortgage was advised to take out by the broker and there was no alternative mortgage offered.

 

looking down the lines of broker acting illegally.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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