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Kensington alleging debt from 2009


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Hi

 

We have a mortgage with Kensington and we have statements showing our mortgage to be up to date.

 

Despite this we are now receiving letters saying we have arrears of £229.

 

Initially we were told they had gone over to a new system and it was an error

(the first debt letter arrived at the same time as a statement showing payments up to date).

 

After many calls we were told the debt relates to 2009 and that their new system had thrown this up.

 

We were then told they would write off the alleged debt.

 

However, we are still receiving threatening letters.

 

We have made a formal complaint asking for evidence that this money is in fact owed.

 

We did get in to arrears around 2008/9, but since then every payment has been made.

 

We changed our mortgage from interest only to repayment approx. 2 years ago so surely that also constitutes a new agreement?

 

I am really worried this might start affecting our credit history

 

but am refusing to pay without evidence that any money is owed.

 

Every statement for the last 7/8 years shows our account to be up to date.

 

Next week will be 8 weeks since we formally complained

 

so will contact FOS after this but just wanted any advice on the legal position?

 

Many thanks,

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get an SAR running to 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... 

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Thank you dx100uk

 

I have lots of mortgage statements from them.

 

The last one actually shows us in front!

 

Do I need to SAR them?

 

Also, should I do this before I take the case to FOS?

 

I am bemused by the whole thing.

 

They are saying their new system has thrown up an 8 year old debt that the old system never acknowledged!

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get all the info first.

 

are they saying what this debt is

a mortgage

loan?

part of your current mortgage?

 

more info please?

 

or penalty charges on a sep account linked to the mortgage?

arrears fees etc?

which are ALL unlawful

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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They are not really saying what it is for,

verbally over the phone they are saying there was a non payment on our mortgage in 2009,

they say we were in arrears of £800

and something but did not pay it all off.

 

It doesn't add up because mortgage statements since 2009 show us as up to date.

Surely if this amount had been outstanding since 2009 it would have shown on statements ever since?

 

We haven't had anything in writing from them other than demands for £229.73

 

We changed mortgage from interest only to repayment in 2016 and signed a new agreement so surely anything from 2009 is null and void anyway?

 

PS we took mortgage out with Kensington in 2005, it was interest only, changed it over to repayment mortgage also with Kensington in 2016.

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stop talking on the phone

you are under no legal obl to do so.

 

you did check the number was Kenny's

not assumed and gave over info..

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 it's Kensington.

 

I have phoned them each time not the other way around.

 

They acknowledged our complaint by letter but that's all and said they were investigating.

 

I have emailed and written several times and lodged formal written complaint 6th December.

 

The debt letters keep on coming!

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They should stop collection action on any arrears if the account is in dispute over an amount etc

ESPECIALLY IF A COMPLAINT HAS BEEN RAISED....

 

Only other thing i can think off is escalating to the CEOs Office

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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stay off that phone!

 

never ever use the phone to discuss your debts

you have no papertrail

 

so you say you have already complained etc etc

 

we'll need to see everything

in one PDF please

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... 

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don't trust a word they say or write to you.

 

sar is a priority.

 

Hi

.

Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator

for treating borrowers who were in arrears unfairly.

.

Claim those charges back plus the interest and tell them not to add any more to the account.

.

There are a few news stories here you can get the info for a letter to send to them.

.

http://news.bbc.co.uk/1/hi/business/8615870.stm

.

http://www.fsa.gov.uk/pubs/final/kensington.pdf

.

http://www.theguardian.com/money/2010/apr/12/fsa-kensington-mortgages-fine

.

http://www.moneymarketing.co.uk/news-and-analysis/mortgages/fca-orders-kensington-to-change-unfair-mortgage-terms/2005762.article

 

http://www.mortgageintroducer.com/mortgages/236498/5/Industry_in_depth/Thousands_of_homeowners_set_for_big_mortgage_refunds.htm

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

so enough time for the sar to come thru which will be very useful before you goto the fos

get that sar running 1st thing tomorrow

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

sorry I was going by post 12

i'd still sar tomorrow

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

Got a postal order today to send for SAR and then got a letter from Kensington.

 

They have said the debt was owed but they had never notified us of it.

 

However, they have agreed to write off the debt and offered £250 in compensation, which sounds like a result to me?

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doesn't to me....

 

why are they suddenly writing it off and offering compo?

 

something smells here...

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

When I complained to them I asked for an amount of compensation so assumed they had complied with that.

Am I being naïve?

 

They are saying my phone calls hadn't been properly documented but they had obviously listened to them before answering my letter.

 

What could they be hiding?

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well i'd assume they've suddenly discovered as its from 2009 its statute barred...

but that didn't stop them from trying to sc@m you...

what if you'd simply phoned and blindly paid it?

 

have they left any footprint anywhere like Credit file or CIFAS?

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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So far as I know nothing on credit files, though interesting according to my noodle account they had stopped reporting since October! So in a fashion this could be viewed as a negative I guess? I don't know about CIFCAS or how I would even find out?

 

They have sent me a printout of payments and it does look dodgy, it is very unclear where this £229 arose from

it just suddenly appears in a column marked payment arrears balance.

I think it is some sort of charge.

 

They allege it was outstanding debt but it clearly isn't even from what they have sent me.

 

There are £250 in monthly arrear fees in 2009 also.

 

I guess I am out of time to claim these?

 

The paperwork they have sent does not have any account details, name, or any other kind of identifiers on it.

It could all be made up for all I know!

 

I think I am going to SAR anyway, it would be interesting to have a look.

 

They have said they are offering £250 "as a result of the poor level of service provided".

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CIFAS will be on credit file if anything was there

 

someone behind the scenes has mentioned serious maladministration by Kenny's too...is £250 really enough..

 

also you mention old charges, well they write of this debt anyway wont they...

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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  • 1 month later...

Hi All,

Sorry to hijack this thread but I have forgotten how to start a thread.

 

I have a question for all you Kensington / SPML victims which should spark some interest.

 

In relation to a mortgage / loan going back to the 2006/7/8 period where clients were charged heavily for arrears, late payments and other illegal charges, does this potential claim in reclaiming fees and charges become statute barred due to the 6 year rule????

 

I would be very interested to hear your comments

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start a new thread

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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