This is all alien to me - I will check all of the paperwork and revert with details - but I believe it was a new system..

First notification was by email - this was followed by hard copy - then submitted all supporting evidence by mail - this was acknowledged - then more evidence requested which was submitted by recorded mail again - later received Claimants guff by mail .. then waited to hear what would happen - heard nothing until Judgement received on Saturday 25th - apparently hearing was on January 31st - but I received no notice .. I was calling to find out what was happening but calls never picked up - it was Swindon County Court..

Limited Company and everything addressed to my shop which is below a flat which is where a lot of our mail gets sent. .I didn't give the court my home address as their initial contact was by email and as this has never happened to us in 35 years we assumed all further communication would be by this route... I'm also at a loss as to why they do not answer any phone calls so that the issue can be tracked..

I run a small online Garden goods company mainly online - this year I sent 2 large ornaments to a customer who had bought them online. Our Terms and Conditions state that goods must be inspected before signing and we also pay an insurance premium to the pallet delivery company to cover breakages. The delivery was made the goods were photographed on buyers drive and they were signed for by the customer in good order - 25 days later I received a call from customer to say that they were damaged when unwrapped the previous day. I checked all details with courier and Paypal our card processing company and we all agreed there was nothing we could do. She then started contradicting her own story regarding how the ornaments arrived - I sent images of the planters packed and delivered. I then received a claim from the County Court.. I defended the claim in writing with evidence from the carrier and the actual driver - in the images she sent it was clear that the damaged large ornament had been hit with a car possibly as the impact point was clear to see. All documents were submitted to the court - she sent me copies of everything she was presenting and I heard no more. I have never had to deal with anything like this before and didn't know the time frames involved. In the last 4 weeks I have tried to contact the County Court in question but they never answer a call. On Saturday (Feb 25th) I went to my shop and found a letter from the court stating that judgement had been made against us and that I had to pay this opportunist a sum by the 14th February. I have tried to call the court all day today but still no answer. Question is what can we do about this and I also want the damaged ornament returned as it can be repaired.

I am posting this on behalf of a friend and would appreciate some advice. He has had a coffee shop for 14 years on a lease. He knew the landlord but his rent was paid through an agent. Four years ago with an influx of new coffee shops in his area and the financial downturn, he found it hard to pay the full rent of 11,000 p.a. He spoke to the landlord who with a handshake agreed to reduce the rent by 2,000 p.a. He has continued to pay the reduced rent, but due to lack of business and ill health he negotiated to sell the lease to another party for £25,000. Last week whilst in hospital two of his staff went to the cafe to open up and found that the locks had been changed. They have reposessed his business as they are saying he is behind with the rent.He has never missed a payment. His stock has rotted in the fridges and he has not been allowed access to the property. I asked him if he had ever been advised of this he said he hadn't but a few times his statement from the agent has come through with an underpayment marked at the top of 2,000 - when he asked them about this they said it was just admin. It now transpires that the Landlord is proposing to sell part of the garden of the cafe for development. What can he do about this.

Would a judge consider that the amount of interest charged was too high despite the fact that they signed the agreement - or is it always enforceable when a secured loan.

Its a review hearing - from the last judgment when they were told to pay £1000 - then the monthly payment of £333.43 to cover arrears and the further £200 + figure to cover their normal monthly payment all of which they did as she showed me proof and all payments were made on time, but they still received a default notice of £48.00 (solicitors costs) after the payments were made.

They never gave that information although this was what was requested - as their Court Hearing is on the 9th October there will not be time to get this if they send a further request. Regards

Hi Andy - Just received all of the paperwork that Kensington have supplied - I am unable to scan this (have tried but to no avail) The bones of the agreement are as follows : Fixed Sum Loan Agreement with a charge over their property. Loan Amount £15,000 - Application Processing Fee 250.00 - Broker Fee £750.00 Total Loan Amount £16,000 - CHARGES : 14236.80 Interest Rate Currently 13.50 % - being variable Rate 6.00% plus a fixed Margin of 7.50 % This was completed and signed by them both on 16/07/2007. The covering letter from Kensington states the following : Total sum paid under the agreement : £ 12358.79 Sums payable under the agreement which remains unpaid : £ 14,337.75 Total sum which is to become payable : £ 10,323.08 Regards

I have that now Andy - will send it Monday morning - will advise as soon as it is returned. Thanks again

Her husband is a lovely chap ( a salesman dream) but is totally burying his head - I asked for everything they had and apparently he ripped it all up in a temper tantrum. Can she request a copy of this along with a complete statement and get it before there is a court review of the case on the 9th October - which I am attending with her. Regards

Sorry Andy the figure should have read £19,000

Hi Andy, She has brought some papers to me this afternoon that she has received - the loan was initially 19,0000 it looks (until full inspection) as though they have paid £11,000 - there is now £15.337.75 of charges and interest. The husband was led to believe that the figure they gave him of £14.976 on the 30th August was in Full and Final settlement of the amount - I now know from looking at the paperwork from the court that this is just for the interest and charges at that date. What does HP/ PL mean - I know the money was paid to them directly to go and buy the truck - it was definitely a secured loan and not a Second Mortgage. Also in the paperwork received today the amount given by the court is 333.43 then in the paperwork she received today it has been made clear that this amount is only to cover the arrears there is a further amount of 219.64 every month to cover the original loan. I have told her that I think she should start to make the payments as agreed with the court as I think it is always better to fight from within if possible. Best Wishes

Have only been told of this nightmare by a friend this week and don't have all the information yet. My friend's husband was referred to Kensington by Abbey National when he needed to borrow money to buy a truck for work. He borrowed £19,000.00 the payments were made for a long time until he was hospitalised for 3 months with Crohns disease. Since then they have made payments when the could they also fell in to arrears with their mortgage but this is now up to date. Kensington have been relentless in their pursuit of this couple - writing letter every week and the calls can only be described as menacing. He was offered money by his company to pay off the arrears but Kensington do not want this. Kensington went for a possession order in May this year - the offer was made again of a F&F - this was ignored. A further order was made for posession on 3rd September - again they would not accept the Full offer and have agreed to payment of £1000.00 on the 9th September then payments of £333.43 per month for god knows how long. I have seen the most recent letter and the interest charged is staggering on 3rd May the o/s amount was £13265.47 - on the 14th June £13,684.02 and on the 30th July this had risen to £14525.08. i am going to find out how much they have paid by requesting statements, but need advice on how to proceed.