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reclaiming fees - they say its Statute Barred - Kensington etc


michtell
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Hi All,

 

We are seeking to claim back overcharged amounts on our account which go back to 2006 to date.

 

We have made a counterclaim against them and they (Kensington) have come back with the excuse that the amount owed to us is statute barred.we have calculated it runs i tom thousands and I find this hard to believe as I thought that in relation to a mortgage we could claim back excess fees and charges up to 12 years or more , I'm not certain.

 

Can someone throw any light on this matter as if they are correct it could mean many of its victims will never see a penny paid back. Even though the FCA' final warning document states that Kensington would pay back its customers.

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runs from when you knew or could have reasonably known you could reclaim them.

as with PPI there is no 'time limit'

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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Thanks for the reply.

 

So if I get this right we can still claim back the excessive fees and charges going back to 2006.

 

We know that they agreed to do this when the FCA had them fined back in 2010 and note that notice was modified in 2014.

Edited by dx100uk
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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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