This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Sorry, Yes last mortgage statement shows all monies refunded - at last.

Hi jamieprec1979, I too took Kensington to court over default charges, I think I was one of the first. Anyway to cut a very long story short - I got my money back, after a year, an attempt to strike out my claim, adding their solicitors costs to my account, and them not meeting any deadlines set by the court. I would suggest try the FSA first and see what happens - if that fails go the legal route, but be prepared for a long hard fight. I estimate Kensington spent £3000 defending a £450 claim!!! Just one last thing, they did orginally offer settle but with confidentiality - when I said no to confidentiality it all kicked off. Full Story here;- Yes Yes Yes **first Win From Kensington!!!!!!!!!!** Good Luck

Blood is boiling ! The day after I get a reject letter from the court , I get a phone call form ' Chris ' in admin form Kensington ' ( tip off from the court maybe ?) we will be crediting your account soon we will be in touch (but this is only the solicitors costs) - ah but what about the order. - Order what order ? I have just read jamorgan thread, Kensington are demanding their costs be paid - funny when they owe us money they take their sweet time about it and the court seems to be quiet happy about it. A week has passed and still no money - back to plan A I think, letter to Kensington 1 final final final warning and then court, no though they'll come up with another excuse why they can't send bailiffs in. :-x

Dam and blast it The court has rejected my application for a warrant of execution - because the figure I am claiming does not match the figure on the order. I now have to write a letter to the court and explain why the figures don't match - the reason is Kensington have added their solicitors costs since the order was made and in direct violation of the order. I sometimes wonder what exactly Kensington have to do to get the court to actually react and kick butt. Letter this weekend ahhhhhhhhh.:-x:-x

Hi everyone, Im affraid I can't get the scanned image to appear inside this box ( all I get is text of it's location on my computer - any ideas?) Anyway for those of you familiar with westminster tickets :- On the bottom line line of the ticket is the text ( in bold ) ' Please read the notes overleaf for important information ' and over this has been printed ' Do not pay the parking attendant ' only the word 'Please' and 'ation' are readable. Have already pointed this out to westminster but got their standard rejection so I am appealing.

Westminster council have given me a parking ticket - but there's some illegible text on it where two lines of text have merged one on top of the other. Does this make the ticket invalid ?

Right, the clock is ticking. Sent in my application for a 'Warrent Of Execution' and £55 cheque to the court and gave Kensington's head office in Paddington as the address where the bailiffs should be sent. Will be sending emails of too various media interests today - a big thank you to mochamoo - will keep you up to date on developments.

Hi gang, OK as I understand it - it will cost £50 to send in the bailiffs, this being the case I'll have to wait until payday (Wednesday) till I'll get the ball rolling. But I see I'm not the first to do this :- Bank charge victim sends bailiffs | This is Money Mochamoo - could you pm me those email address and phone numbers thanks. Let youall know whats happening soon.

Hi Gang, Well surprise, surprise Kennsington have still not paid up. In fact thay added a further £730.91 to my account in February - at least this time they had the decency to call them 'Solicitors Costs' all of this in direct violation of the tomlin order. Wrote a letter to their solicitors giving them 7 days to sort it, reply from solicitor states ' administrative oversight ' 14 days later still waiting for ' administrative oversight ' to be corrected. Question is ---- Is it time to send in the baliffs ? (oh I really hope so ), I know kensington have some nice fancy offices in the Paddington area, what a dream it would be baliffs - newspaper reports - TV news crews - victims of kennsington - all there to see justice being done, what a show it would be, if it kicks off your all invited ! Advice please

Got my consent form today - they have agreed to refund my £450 plus court costs and I also asked them to include a declaration that no further costs would be added to my account regarding this legal action. "Dear Sir YOURSELF -V- KENSINGTON MORTGAGE COMPANY LIMITED Further to your letter of 7 February 2007, we confirm that we will arrange for the sum of £565 to be re-credited to the account. We also confirm that any costs debited to the account in relation to this action will be re-credited. We also confirm that no further costs will be added to the account in relation to this action. This will be in full and final settlement of your claim under claim number 6QZ49213. We enclose a consent order incorporating the above terms for your signature and would ask that you return the same in the pre-paid envelope, as soon as possible." I estimate they have spent £2000 defending this case - good I hope it b****y well hurts ( Do I sound bitter and twisted - thats what happens when you end up with a mortgage with this lot, I think the MAFIA has lower interest rates).

YES - to penalty charges, Kensington have agreed to refund my £50 a month admin fee and court costs (Total £565 ). It was a long hard battle but I ve finally recieved a consent form. They added £1757 to my mortgage balance stating it was 'Agents Costs' it was in fact their legal bill for defending a claim of £450 - this too they are refunding plus interest. They tried to have the case struck out, they were late with their court bundle and made an application to delay sending their witness statement. It could just be that my claim was for a relatively small amount so they gave up - after spending nearly £2000 defending it.

Finally got a reply from Kensington regarding the £1757 - it was ' soliicitors costs regarding recent Court Action ' And ' Upon further consideration it has been decided that this fee should not be charged to your account. ' So I ve decided to accept their offer but it has to include my court costs so the total I am looking for is £565 (450 + 80 + 35). Ball back in their court (pardon the pun)

Hello everyone, Right the latest - Kensington have made an offer :- Dear Sir YOURSELF -V- KENSINGTON MORTGAGE COMPANY LIMITED Whilst our client is satisfied, that it could justify the mortgage arrears fees, at any court hearing, and it is happy that the court would view the £50 per month fee, as being both reasonable and genuine pre-estimate of loss, proceeding with this matter, is not viable to our client, due to commercial considerations. As the matter is proceeding in the small claims, it is unlikely that our client will be successful in recovering any of these costs. The costs of dealing with this matter, compared to the size of the claim, are therefore disproportionate. The overriding objective of the civil procedure rules, dissuades parties, to litigate, when the costs are disproportionate. Accordingly, we would seek to settle these proceedings upon the following basis: 1. Our client will refund the sum of £450.00 to the mortgage account. 2. Any costs incurred in relation to defending your claim, will not be debited to the account, and any costs debited to date, will be re-credited. 3. Any interest which is debited in relation to the charges, and costs, will be re-credited to the account. Please confirm that you are prepared to agree to the above terms, whereupon we will send to you a consent order for signature. First problem they have n't added court cost to the £450 Second problem it would appear they ve added their costs to my mortgage balance- £1757 appeared on my statement in November, marked as Agents Costs. I ve asked Kensington to explain this £1757 and they will not respond. The Court has not awarded them costs - so how they can add their costs to my account beggers belief. I was going to send a complaint to the financial ombudsman to force Kensington to give me details of this £1757 - but since this offer arrived I think I now know what its all about. The question is now what my next step should be ? Should I point out to the court that they have awarded themselves costs ? Should I just accept the offer ? This lot really do play dirty - if you take them on be prepared for a fight and if you still have a mortgage with them check your statements this lot are a bunch of ROGUES. Advice please as to where I stand now.

Ellilou - same thing happend to me Kensingston's legal people were 5 days late in sending me their court bundle. With advice from the good folk on this web site , filled in a N244 form asking for the defence to be struck out. (Cost £35). The court didn't strike out defence - just gave them a new deadline! Like pb says - its not justice. But its something you can bring up in court at the very least IMHO. Best of Luck

Finally got a reply from the court : - Upon considering the Claimant's application dated llth January 2007 (copy attached) and the file And upon notice having not been given IT IS ORDERED THAT 1. This claim is listed for hearing on Tuesday 20th March 2007 at 12.00noon at Swindon County Court, The Law Courts, Islington Street, Swindon, Wiltshire, SN1 2HG (time estimate 1 hour). 2. If not already served :- a) the Claimant must serve upon the Defendant by 4.00pm on 2nd February 2007 the documents filed with his letter to the Court dated 9th January 2007 b) the Defendant must serve upon the Claimant by 4.00pm on 2nd February 2007 the documents filed with their letter dated 15th January 2007. 3. The Defendant shall prepare and file by 4.00pm on 9th February 2007 a consolidated bundle of documents in chronological order duly indexed and paginated. 4. This order has been made without a hearing under the Court's management powers in Part 3 of The Civil Procedure Rules. You may within 7 days of the service of this order apply to the Court to set aside or to vary the order under Part 23 rule 10. You must file with the Court and serve on the other parties an application that sets out your reasons for objecting to the order. The original application [if any] will be listed for hearing with your application unless you ask the Court to vary the order without a hearing. Dated 22 January 2007 Not exactly the knock out blow I was hoping for, feel a little let down by the court, Kensington have not met any deadlines - even their witness statement is going to be late but this time they have made an appliction to the court. I have sent my witness statement to the court but not Kensington - told the court this. Solicitors get paid a lot of money, asking them to keep to deadlines wouldn't seem like asking much, they seem to have nothing but contempt for the court and us - and the court lets them get away with it.

Kensington were 5 days late sending me their court bundle - and then it was only the standard terms and conditions. Filled in a form at the court to get the defence struck out - still not heard anything from the court. If Kensington try it on - I'll be happy to pm you all the details so you show it to the court. A case of goose and gander ! Best of Luck

Absolutely outraged on your result jamoran, admire your courage and hope you keep going. Like others I would be happy to make a contribution to your fight, (actually its NatWest's money but thats another story) if you decide to carry on. Like all of us here I regard Kensington as **** of the earth the judge in your trail must be blind, anyone with an IQ level greater than thier shoe size can see Kensington have a mission statement written by the Mafia. Stay strong jamorgan.

Thank you very much Alan, will get on it right away

I am suppose to supply the court and Kensington with a witness statement - anybody got any ideas what I should say and how to word it?

Finally got a bundle form Kensingon - 5 days late, its just a photocopy of their terms and conditions. Still waiting to hear from the court.

Thanks very much Alan, will do first thing tomorrow morning.

At the hearing of 20th December (Where Kensinton tried to have the case struck out - and failed) it was order that:- 'By 10th January 2007 the claimant/Defendant MUST send to the court and to the claimant/Defendant copies of all documents he intends to rely on at the final hearing. ' I have sent my bundle to court and Kensington's solictors - but I have not recieved anything from them. The Question is where does this leave Kensington now ? They have failed to comply with a court order what should my next step be ? Any ideas anyone ? BTW Neil if your still out there the name was Goddard not Smith sorry.