nomorecrooks
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Everything posted by nomorecrooks
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@ Metabelis: you are correct in your calculation: Kensington has done then same to me. This is an ongoing battle which I suggest you read about on this site!
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@Slick132: I agree with you entirely; the Claimant leaves the claim for 27 months then revives it over Christmas. Meanwhile I need to put my documents back together. I had my first hearing on the case last week; the judge ordered the Claimant to supply various documents I had requested (but not received) under a SAR. I asked the judge about the 27 month stay: I said that I had been prejudiced since it required my rebuilding my case etc, the judge wasn't having it.
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I'm just waiting for the clock to run down so I can apply for summary judgement...
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Hello, DG claimed for the proportion of my overdraft which I had not / have not repaid. I had my first hearing ay my local court on this matter last week: The Court dismissed my suggestion that DG had been in contempt / perjured itself by denying the existence of HSBC international; The Court took the view that we should have a proper hearing and that DG / HSBC need to supply documenation about the goings on in the account. The Claimant sent an hourly lawyer ewho used "I just got the case" whenever he was asked an uncomfortable question. So the next hearing will be to try to determine what I owe the Claimant net of what it took from me. Overall I am very unimpressed with the quality and care with which DG aproached this matter. Thanks for your advice, any further would be welcomed!
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I have a case with DG which was stayed at Northampton for 27 months after I filed my defense (the claimant failed to action its claim after I filed my defense). You state that a possible grounds for a dismisal / strike out is the length of time since the solicitors actions the case. Are you certain that this is reasonable grounds? Can you provide a precedent (I've searched high and low on the web)?
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I have an interesting (I hope) story to share with my fellow CAG's: I had an account with HSBC Bank International Ltd (the "Bank") at the Isle of Man for many years. In 2009 / 2010 the account was at its overdraft limit. I had a direct debit to a HSBC branded life insurance policy (Aviva was the underwriter, it was just HSBC branded). The Bank bounced my DD to the insurance. I receive a letter in the post stating the policy is null and void becausre of the returned DD. I speak to Aviva, yes the policy is now dead. I speak to another insurance co and obtain replacement life cover. The Bank meanwhile reinstitutes the DD and takes the money for the next two months before I notice. I speak to Aviva again, no they cannot and did not restart a DD and yes the policy is dead (all via a written letter). So if I didn't start the DD again and Aviva didn't that only leaves HSBC! I get very angry with HSBC, scream and shout at them. They respond by returning the money they stole and state that the matter is now closed! My view: they stole my money, sure they gave it back but they need to do a lot more to make the problem go away; imagine if roles were reversed! In Q3 2010 DG Solicitors sue me via Nothampton CC. I put in my defense pointing out that the Claimant is not HSBC Bank plc but rather HSBC Bank International Limited plus that the Bank pinhed my pocket and needs to do more than return my money. 33 days go by and the Bank does not respond so the claim is stayed. In December 2012 the Bank applies to Nothampton to strike out my defense under CPR 3.4(2) and applies for summary judgement. Among other statements by the Bank is that HSBC Bank International Ltd does not and has never existed. Northampton grants the stay being lifted (27 months after the claim), strikes out my defense and transfers the claim to my local court. The first thing I hear of this is the notice from Northampton that my defense has been struck out and the application for summary judgemnt transferred to my local court. I apply to my local court to set aside the decision of Notrthampton and to find the applicant (DG is HSBC and vice versa) guilty or perjury as HSBC Bank International Limited does exist! Now I have a hearing in mid February to reverse Northampton. My view is to attach CPR 3.4(2) because the Claimant waited 27 months contrary Practise Direction 23 that it is done "as soon as possible". I attack lifting the stay because the delay has prejudiced my position as I need to rebuild my case after 27 months. The perjury / contempt of court: the claimant obviously knows where my account was held and obviously knows the jurisdicton. That it lied to Northampton so as to obtain the decision it did is prima facie evidence of perjury / contempt of court. Please give me your views of the foregoing!
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Kensington Mortgage Claim For Arrears Charges
nomorecrooks replied to nevos's topic in Mortgage companies
That is interesting, I was unaware that the FOS charged the other side. A little justice then. I am gearing up to take my lender, the ever popular Kensington, to court for I have been done the FOS route, a comlete waste of time. I'll let everyone know how I make out. -
Correct, UW has endeavoured to charge me fees which clearly exceed its costs; penalty fees. I have now filed a claim, my claim was for the amount which UW has applied to its penalty fees rather than the energy charges. My claim utilised the usual penalty fees language. I will let you all know how I make out with them.
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Polly32: please have a look at my other posts on fighting Kensington at this stage. I can tell you that there are others who have had very similar battles with Kensington and won.
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OK, thank ou for our advice. What are your thoughts on simply taking UW to small claims court for the excessive and capricious debt charges?
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@ Lea_HTH: your advice is, as always, excellent. One thought on the arrears: has Kensington put monthly arrears charges on to the arrears amount (unususal but not impossible with Kensington) or has it capitalised the monthly arrears charges? Bear in mind that the Kensington monthly arrears charges are £50 per month so this could be a significant factor in this particular case.
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Thank you; UW has stated that I cannot move whilst I owe them money (presumably more than what might normally accrue during the move). Can you give me either statute or regulations which state that UW cannot refuse to move my account? thanks!
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Yes, I have started the process to move our accounts;however I suspect UW will endeavour to frustrate my move by claiming that there are energy account arrears.
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Thank you!
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I have my electricity & gas with Utility Warehouse (“UW”). Owing to employment issues I developed arrears in my energy account with Utility Warehouse. In Calendar 2012 my total consumption and charges were as follows: Gas: £1,172.89 Electricity: £1,265.66 Over the same period UW has billed me a grand total of £1,010.00 in other charges composed of £66.00 in “DD –refer to” and the balance of charges described as “Legal / debt charge”. I have paid in full all of the energy charges but am engaged in a dispute with UW over the other charges. UW has taken me to magistrate’s court in an attempt to obtain a warrant to fit prepayment meters. I attempted to defend the application by pointing out, via a detailed witness statement, that this is a dispute and that the dispute relates to charges which are not covered by the legislation under which UW is attempting to obtain a warrant. The magistrates adjourned UW’s application so as to have an opportunity to consider my witness statement. I have written to UW about the charges, I have asked it to explain in detail the charges. UW has stated that they are legitimate and that I must pay them. My questions to fellow CAG’s: 1. Do you agree with the overall approach I have taken at the magistrate’s court? 2. I am considering taking UW to county court on the following basis: a. UW has applied my payments to its “other” charges on a first in first out accounting basis; therefore I could make a claim for circa £750 plus interest plus court fees for that amount. b. I am thinking I would use the “penalty charges” rationale. c. I am thinking that I should lodge my claim a week before the magistrates court hearing so as to frustrate this; I am assuming that County Court takes precedence over magistrates Court. All thoughts would be greatly appreciated!
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Michtell: I am sorry that you face the difficulties which you do. I would strongly suggest that at such a time as you have resolved your immediate housing and other issues you consider looking again at both Kensington and Capstone. Both organisations can and do make errors that may leave open some measure of financial recovery to you and your family. Good luck!
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Mis-sold loans, mortgages,charges,
nomorecrooks replied to nomorecrooks's topic in Mortgage companies
I follow your thinking on this entirely. Thank you for your wise advice. BTW: I believe that the true figure is 12 years rather than 6 on mortgages, is it not? -
Mis-sold loans, mortgages,charges,
nomorecrooks replied to nomorecrooks's topic in Mortgage companies
Blossomandebony, thank you for your advice. I agree that my POC needs to be carefully written. In my case the arrears charges were capitalised on to the mortgage principle, I have therefore being paying interest at the mortgage interest rate on the capitalised arrears charges (total charges of circa £6 k). If I attempt to make myself whole it would seem to me that I should attempt to recover the arrears charges (in whole or should I mark them down to a sensible level as in credit cards?); I should then add the interest that the mortgage has charged me on the arrears charges AND I should add the statutory 8% plus court costs. My argument being that the arrears charges themselves plus the mortgage interest do not make me whole in the sense that there is also an opportunity cost to the loss of money. Does that seem right to you? Many thanks! -
Mis-sold loans, mortgages,charges,
nomorecrooks replied to nomorecrooks's topic in Mortgage companies
Kaz320: I'd be very interested in any specific information you have on reclaiming mortgage arrears charges. I would add that I do not consider mortgage arrears charges to be related to mortage miss-selling per se. -
Mis-sold loans, mortgages,charges,
nomorecrooks replied to nomorecrooks's topic in Mortgage companies
Thank you for that. I have previously written to my mortgage lender with the usual language that the charges exceed the lender's costs, the FSA's statements and findings for GMAC and DB Bank (UK). I received the usual response of "you agreed to it" in the mortgage T&C's. I then wrote to the FOS and got back a pathetic and, in my view, irrational assessment fromthe FOS that said the the lenders offer of circa £0.01 on the pound was a "fair" offer. I have not pursued the lender via the courts because I was uncertain of my POC language and because I couldn't find evidence of anyone successfully obtaing recompense. I would be most grateful if you would share the generallanguage you used for you POC! -
Mis-sold loans, mortgages,charges,
nomorecrooks replied to nomorecrooks's topic in Mortgage companies
Interesting that you have successfully obtained your arrears charges.I'd be interested to know a few more specifics such as: Who is your mortgage with? Did you use moneyclaimonline? Did you use the same generalapproach as was previously used to recover bank charges? When you say the mortgage company capitulated, do you mean after you filed your claim but prior to the hearing date? Did your mortgage company file a defense? I have ~£6,000 in these charges so your answers would be greatly appreciated! -
I have read of many individuals considering attempting to recover mortgage arrears charges and I have read the FSA's statements on the subject but I have never read of anyone successfully recovering a meaningful amount of mortgage arrears charges back. Have you?
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DO NOT SIGN ANYTHING with anyone (in particular Kensington) unless and until you have received good professional legal advice. I repeat DO NOT SIGN ANYTHING!
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As a first step I suggest you send a SAR to Kensington (you will find the letter on the site). Once Kensington respond to you you will have the documentation to show exavtly what they have charged you. I assume that this is a regulated mortgage (what date did the mortgage / secure loan complete)? Is the interest rate on the loan variable and defind as the "Kensington Standard Variable Rate" plus an additional amount of interest?
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Kensington will not disclose securitisation
nomorecrooks replied to nav110's topic in Mortgage companies
I do not disagree with your thoughts. However, I can't see a logical argument that will persuade a district Judge. Good luck!
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