Hi, I wonder if anyone can give me any advice. Myself and my (now ex) husband took out a loan for £8000 in September 2005, with agent fees it was £8800, over five years with a monthly repayment of £215. Regular payments were not made, my ex is self employed and gets 'stage' payments throughtout the duration of a contract. However, in the first year, £2660 was repaid (installments 12 x £215.87 meant expected repayment was £2590), second year £1985 was repaid, third year £3896 was repaid, fourth year nothing, then £2200, then since July 2011 £5950. In total payments of £15,889 have been made on a loan which, if repaid each month, would have had repayments totalling £12952. According to the lender, Kensington, £9100 is still outstanding.
My husband and I split up three years ago, and since then I have been battling with them. I was paying them (allbeit sporadically) on a pre paid credit card, but they stopped accepting these last year. I did not trust them with a direct debit, as they had taken out too many payments in the past, and neither did I want them to have my debit card details. When they refused to accept the prepaid credit card I requested a payment book. I called every month, they always promised but never sent one. Eventually in April, when they tried to repossess my property, I took them to court, got the repossession suspended and asked the judge to order them to give me payment details. They breached this by not doing so, and I took them back to court and they were ordered to produce them in court. Since that court hearing I have paid £5300 to them (I have an order to repay £600 per month), but in August they applied for another eviction date. They refused to communicate with me, although they did send an agent to my property to get an income/expenditure breakdown (the third I have done this year for them). I went back to court for a suspension, and as the judge was about to grant it, they quoted Norgan vs Cheltenham + Gloucester case, and said that the judge had no jurisdiction to grant a suspension as the loan went out of term last year. I had no idea of this or of the implications. I am sure now that they deliberately let the loan go out of term, this is why they would not send me a payment book. The judge was furious with them, asked them to produce and when they could not, ordered that a hearing take place where they produce it and advised me to get legal advice from Shelter. I immediately made an appointment with Shelter, the first available one is 10th October and the hearing is 7th November. I think the first appointment may be taken up with applying for Shelter legal aid, and if I have to wait as long again for the second appointment, it will be after the hearing.
Potentially, if the hearing goes against me, Kensington can immediately apply for an eviction date. Although I am up to date with my first mortgage, as I am paying it on my own and on paper can not afford it, my mortgage company, though sympathetic, can not help. I have over £100k equity in my home, but can not get another loan because of the adverse credit rating from Kensington.
The Financial Services Ombudsman is investigating my case, but says it will not be resolved before 7th November, when we go to court. I have written to Kensington numerous times, last week they responded and offered me £489 repayment for my charges. If this loan ever gets paid off, a £8800 loan will have cost over £25k. Can anyone advise me, please. If you have stayed till the end, thank you!! x