Hi Bona, Will look back through my agreement and let you know what it says. Cheers Down & Out

Hi everyone, An update on the situation. I have sold my house and made no money on it at all!! Kensington took their ERC which was over 6000 pounds!! Ive seen threads on here where people with a repossesion order on their property are questioning the validity of the ERC. If any one has any more news on this drop me a line so i can take this further. Cheers own & out

Latest news is that i have sold my house before they can reposess it.Got a good price but still have to pay ERC of 6100 pounds!!! Tried talking to them to see if we could negotiate the ERC but they wouldn't budge.Explained that i am only selling because they have priced me out if my house by the enormous interest rate rises every over month. Am getting a file together and going to see my M.P with this as i feel they can't treat people like this and something needs to be done.

Thank you Mrsfoot, I am in the process of selling the house,but still have an E.R.C of 6000 pounds to pay. I spoke to Kensington today to see if we could negotiate this amount,as i am only selling the house due to their interest rates rises making me unable to meet the monthly payments. I am not going to another lender for a cheaper rate so i asked for some lee way,but guess what? They wouldnt budge!! The sale of the house is moving on so when i get sorted in my rented!! accomodation i will chase this up in earnest.The patr you quote ;The Director General has also issued guidelines under the Unfair Terms in Consumer Contracts Regulations 1999 which say that it is unacceptable for lenders to vary interest rates at will unless consumers can end the contract immediately and without penalty stands out as something that could be followed up. Thanks again fotr the info,will keep you updated.

Hi Zoot how do i go about getting an injunction about these charges??

Thanks for all the advice guys.Although i got a favorable decision i still feel trapped by these cowboys. Phoned them today and guess what?? Yep interest rate gone up again,day after they got the ruling.I asked how they could keep putting it up and i was informed that it went up when Bank Of England increased theirs!! We all know that they put them up whenever they want and this is a prime example. Not sure about the costs Bona,will find out though. Really want to do something to get back at these legalised loan sharks, because its unfair how they take advantage of people in an already vunrable position. Going to have to cancel my broadband to save money so might not be on here for a while but please keep sending advice as i will try to access this site at work. Thanks again.

Went to court today for my hearing. The solicitor representing Kensington approached me before the hearing and asked me what i was going to do,and what proposal i was going to offer. I told her that she would find out soon enough,as i had aready made an offer that was rejected,i thought the element of suprise was best. Got a suspened reposession order against kensington who wanted an immediate reposession. On top of that i am only paying 20 pounds a month back to pay off my arrears of 2800.00. The look on the solicitors face was priceless,and it got better as the judge also denied leave for appeal against his decision. He was well aware of Kensington and was sympathetic to my case,but warned me to be careful as this lot fight dirty,and wished me the best of luck as i will need it. Unfortunatley,he didnt do anything about the 50 pound arrears fee each month.So in effect im paying 20 pounds off but getting 50 pounds added. Can anybody advise on this,can i get these arrears charges stopped??

Went to court today for my hearing. The solicitor representing Kensington approached me before the hearing and asked me what i was going to do,and what proposal i was going to offer. I told her that she would find out soon enough,as i had aready made an offer that was rejected,i thought the element of suprise was best. Got a suspened reposession order against kensington who wanted an immediate reposession. On top of that i am only paying 20 pounds a month back to pay off my arrears of 2800.00. The look on the solicitors face was priceless,and it got better as the judge also denied leave for appeal against his decision. He was well aware of Kensington and was sympathetic to my case,but warned me to be careful as this lot fight dirty,and wished me the best of luck as i will need it. Unfortunatley,he didnt do anything about the 50 pound arrears fee each month.So in effect im paying 20 pounds off but getting 50 pounds added. Can anybody advise on this,can i get these arrears charges stopped??

Cheers Falcon, Think i have a REALLY good case against these cowboys so watch this space. Thanks for the advice...............

Thanks Bona,will do.

Just been looking through my paperwork and think they are overcharging me!! Just found my original quote to go to interest only and they quoted me a figure 130.00 less than what i am paying now.That was in october!!! The interest rate has only gone up 0.25% since that quote. Does this make sense or are they pulling a fast one because i havent been on the ball??

Hi thanks for your info, things are looking up as we have a strong case against them as they have already turned down an offer of payment from me to clear these arrears. we are also contesting the monthly arrears fee and returned direct debit fee that are being added each month. The case is at the end of the month so watch this space.

Thanks sue, well up for using them tactics,anything to get one over on them. I went for financial advice today and we are going for having the arrears spread out over the term of the mortgage as my fiances are really tight and thats all i can afford. In my defence form we have stated the high interest rate rises that keep being added in spite of the fact i had arrears,and also questioned the arrears fee returned direct debit fee that are added each month. We will see what the judge says about these.

Thanks for the advice.The 14 days are up next week so if i have not heard anything,let battle commence!!

Thanks for all your advice,much appreciated. I am going to the citizens advice on tuesday morning to see somebody to put my case together. I will take all the letters and the expenditure forms and see what i can actually afford to pay off extra each month now,as its probably less that what i offered before. I have a bit more peace of mind now,thanks again.I will keep you updated on how i go on on tuesday and what happens at the hearing on the 27th of this month.

Ive changed from a repayment to an interest only so that the payments come down which will help me afford to clear the arrears. Ive done the expenditure sheet and im right at the limit of what i can afford,and ive got a family to support!! i hope i get a reasonable judge.

Depends on how much i pay back each month. If i pay 100.00 extra a month it will take 18 months.This is what i offered but they refused. There is still 121,500 on the mortgage & the ERC of around 7000.00 Oh and im still getting the 50.00 a month arrears fee added!!!!

Hi Zoot, count me in,would love to wipe the smug smile from kensingtons face!!!

Hi Guys, Found this site today and hope it will be the answer to my problems. I re-mortgaged with Kensington about 18 months ago and all was well until the fixed intrest rate term finished. Since june 2006 my interest rate has gone from 6.80% to 8.40%!!!!! I have fallen behind with my payments and have recieved a summons for repossesion. I have put forward payment plans to clear my arrears, but these have been rejected as "inadequate". I am due in court at the end of this month, and just wondered if anyone can advise me about what i can do??

hi everyone Joined this site yesterday so thought id let you know about my situation. I applied for my charges to be refunded in october and got a letter back saying that they considered their charges to be fair. I then paid 5.00 to get all of my statements sent to me ( it costs 5.00 to send 5 years worth of statements 1st class,but 38.00 everytime a payment is declined and nothing is sent!!) and found that i could claim back 1980.00 pounds in charges. I sent another letter off saying that if this money was not refunded to me within 14 days i would commence legal procedings. This morning (3 days later) i got a letter saying that they were looking into my claim and would be in touch. Watch this space..............

Hi Guys, Found this site today and hope it will be the answer to my problems. I re-mortgaged with Kensington about 18 months ago and all was well until the fixed intrest rate term finished. Since june 2006 my interest rate has gone from 6.80% to 8.40%!!!!! I have fallen behind with my payments and have recieved a summons for repossesion. I have put forward payment plans to clear my arrears, but these have been rejected as "inadequate". I am due in court at the end of this month, and just wondered if anyone can advise me about what i can do??