Hi there, Is it still possible to claim back excessive mortgage arrears fees that have been added.I plan to SAR,then work out what i have been overcharged by and send letter to claim back. Can i do this??? Cheers

I am having a right nightmare with Kensington mortgage company and need some much appreciated help . I had a suspended possession order granted in oct 2007 as I had lost my job at the nhs and my wife business had collapsed the suspended possession order was issued in oct 2007 for my monthly payment plus £50.00 i think i need to dig it out as it was nearly 6 years ago i will post later the exact amount I have been making payments over the last few years to Kensington but also built up massive arrears on my council tax and second secure loan with welcome finance at the mo long story short I have now cleared my 7000 pound arrears with council tax (rossendales ballifs ) april 2013 and got my arrears down to £1095 with welcome finance (was over £5000) however with doing this I have now got arrears of £20,018.46p as of 19th august 2013 with Kensington. I had an arrangement in feb ,march,april, to pay £636 (monthly payment) to Kensington of which I paid march £640.00 april £650.00 may £800 i only paid £160.00 in feb due to having several other debts elsewhere stupid of me i know !! on the 28th of april when i paid £800 i was charged arrears fee of £50 and i was told my arrangement had finished and i needed to fill in income expenditure form send bank statements in and wage slips to consider a new arrangement for may after filling in all sheets and sending in the above i offerd £636 + £64 off the arrears (£700.00 a month after 19 days i got a letter stating this had been declined and was advised to up my offer so i didn't make a payment in may as i wanted an arangement setup so i knew what i was paying i will explain later (don't want to go on but arragrements have been declined lots of other times over the past 5 years until i offered a lot more even if i couldn't afford it so im at the end of my tether and on the verge of giving up ! after clearing more debts in mid april and doing a new budget sheet i could offer £636 + an extra £200 .a month off the arrears i sent again budget form, wage slip, bank statements and again the payment proposal was declined after 16 days stating i couldn't afford the above (even tho the budget form stated i had an extra £204.00 at the end of the month ) offer as i had stated i would like to pay weekly and the computer calculates some months as 5 weeks the payment would be nearly £1000 in certain months i didn't pay anything in june as im holding onto my money incase thy issued possession which they kept stating every time i called them unless an aragement was agreed after sorting the above over the phone along with been told Kensington had inputed my child benefit of £134 into child benefit and also the same figure int family tax wrong (not £179.00 as stated on the budget form) and explaning the weekly thing i put a new proposal of £640 a month + £200 a month of my arrears which would take roughly 8 years to clear (still have 22 years on mortgage term) i advised i would start paying at the end of august and was advised the new payment proposal was affordable and would be given to the senior team (5th of august and boom i get a letter today dated 19th august stating unless i pay £20,018.46 in 7 days evershields (solicitors ) will apply to the court for the issue of a warrant of possession im holding onto my £840 incase i need to pay a rent deposit in the past i have an arrangement for 3 months pay it then it ends then seems to take 4-6 weeks to get a new arrangement i get charged £50 a month arrears fee and i can never get an arragemnt set up that's affordable they always decline 1 or 2 times until i offer a silly amount once i pay that for 3 months the same again the arrangement ends i have to update my budget forms and again charged £50 a month arrears except this time agfter 3 months arrangement they wont renew it.. please help i don't know what to do !! i called Kensington this evening and was told they sent a letter dated 15th august stating my 3rd proposal had been declined and due to previous arrangemnts not been kept and arrears building up they are seeking evection sorry for the long thread but don't know what to do regards mark

Hi all. Today I received a letter detailing my arrears on my mortgage. Now Kensington have recently took over my mortgage from GE Money. GE sent a final letter to us a short while ago showing arrears of around £8000 (bad I know) but now Kensington have sent me a letter (received today) showing : Payment Arrears : £8946 Other : 0 Insurance Related Charges : 0 Fees and Security Related Charges : £4496 Total arrears : £13442 Does anyone know what the hell FEES AND SECURITY RELATED CHARGES are and can they add that much to an already heavy debt/burden? I dont know what this fee is for and they do not explain anywhere as to what is it for? As for as Im concerned, my arrears are £8946 and no more! We are paying are regular monthly payments as normal but trying to add a little extra each month to get the arrears down. Any help would be appreciated. Thanks

I have a 10 year old mortgage that was sold by Compas Finance Broker (which I paid extortionate fees added to the mortgage) that was with GE money and has now been sold to Kensington. I went through a divorce just over 5 years ago and the mortgage was in joint names, in March last year I rang GE and asked for a transfer of equity as I now have my fiance living with me and things move on, during the phone call I went through the income and expenditure and GE cleared me for the T.O.E and sent out the forms. Due to delay of completing the forms due to family health problems the mortgage has been sold on to Kensington, to persue this again I rang Kensington but was told that they didnt do T.O.E's, I had a little rant and dug out the introduction pack id received from them. In the pack it states under terms and conditions that 'there are no changes to your mortgage conditions arising from the transfer' and they also included a Tariff of Fees on kensington headed paper which clearly state 'Change in Circumstances - Transfer of equity £100.00 charge' I put in writting my request for a T.O.E and sent it to kensington to get their official stance. A week later I received a letter acknowledging my complaint ???? they sent out a leaflet that outlined their Complaints procedure that clearly stated that they only accept complaints in writing ???? no complaint had been sent, only a request for the T.O.E I sent back a letter pointing out that I hadnt sent a letter of complaint only a request for the |T.O.E, I received a response 'that they can confirm that the option to remove a borrower from the mortgage account is not available'. Now the problem is that GE went through the Income and expenditure and sent me the forms for the transfer but yet kensington state there there is no option on the mortgage to transfer.. Despite them sending me the list of fees that include transfer and no changes to the origional contract with GE. I have SAR'd GE and have proof that they went through the I&E and sent me the forms and the terms and conditions of the mortgage are very vague and brief. can this be considered a breach of contract?? Also I state that it was 10 years since the sale of the mortgage but can the broker fees been reclaimed so far back that Compas finance broker recommended we take out this mortgage and not recommending a particular mortgage for your consideration (long shot I know regarding the limitation act) Hadituptohere

Hi I have received a letter re: possession order from Drydensfairfax today (not unexpected) for arrears of £3258. The letter states that the order will become enforceable on 9/10/17 and that a money judgement for £92982 was also obtained. The letter asks that I clear the arrears in full prior to this date . If I am unable to clear the arrears, to forward proposals for clearance of the same within the next 7 days. (I have no way of clearing these arrears). Once the enforcement date had expired they will apply to the court for the issue of a Warrant of Possession. The only way that action will be cancelled is on clearance of the arrears in full. Should it be necessary to apply for enforcement, you will be notified of the time and date of eviction direct from the court. what happens next and what can I do to stop this. Mortgage payments £550, have recently been paying £600 with an additional £50 per week. I cant afford any more than this. Forgot to add that we have previously been in arrears, around 2 years ago, but borrowed money from family to clear it, which we are still paying back. Cant go down this route again

Hi All, We are seeking to claim back overcharged amounts on our account which go back to 2006 to date. We have made a counterclaim against them and they (Kensington) have come back with the excuse that the amount owed to us is statute barred.we have calculated it runs i tom thousands and I find this hard to believe as I thought that in relation to a mortgage we could claim back excess fees and charges up to 12 years or more , I'm not certain. Can someone throw any light on this matter as if they are correct it could mean many of its victims will never see a penny paid back. Even though the FCA' final warning document states that Kensington would pay back its customers.

Hi We have a mortgage with Kensington and we have statements showing our mortgage to be up to date. Despite this we are now receiving letters saying we have arrears of £229. Initially we were told they had gone over to a new system and it was an error (the first debt letter arrived at the same time as a statement showing payments up to date). After many calls we were told the debt relates to 2009 and that their new system had thrown this up. We were then told they would write off the alleged debt. However, we are still receiving threatening letters. We have made a formal complaint asking for evidence that this money is in fact owed. We did get in to arrears around 2008/9, but since then every payment has been made. We changed our mortgage from interest only to repayment approx. 2 years ago so surely that also constitutes a new agreement? I am really worried this might start affecting our credit history but am refusing to pay without evidence that any money is owed. Every statement for the last 7/8 years shows our account to be up to date. Next week will be 8 weeks since we formally complained so will contact FOS after this but just wanted any advice on the legal position? Many thanks,

Hi, I was repossessed by Kensington Mortgages in 2008, and the fee's and charges before and during this time were awful. Would it be too late for me to now try and reclaim these fee's as I now have very limited paperwork left? Thanks in advance for any advice.

Hi I was just wondering if I could get some advise please for my mother. I will try to explain best that I can, so here goes, I recently found out that my mother currently has an interest only mortgage of £102k from Accord Mortgages, the problem is that back in 2003 she purchased her council house for £28K in which she had a mortgage of £34k from a company called SPML. Now somewhere in between 2003 and 2006 (when she moved to Accord) her mortgage has obviously tripled in size. Getting information from her about where the money has gone is like getting blood from a stone. The only info I can find is that in Dec 2006 there is completion statement from a solicitor with the following. Capstone Mortgage £77k Kensington Mortgage £20k Money point 2.5k Cheque to her £2k + some fee =£102k As I said my mother is not very forthcoming with info, but from what I can gather she must have had extra amounts put on to her mortgage (which she denies). Is there anyway I can get all the info from previous transactions from Kensington & Capstone so that I can find what the hell has happened. She is absolutely awful with money and has debts with people like Eurodebt and Carbot which I will look into a bit later on. She is now at retirement age and will be homeless soon if she doesn't find the £102k hence the reason for all of this coming out. I would really appreciate any help given, If more info is needed then I can go through all paperwork that I have. Many thanks

Hi everyone , I have revived a letter today from GE Money Home lending ,,informing me that my mortgage as sold to Kensington ,does anyone know the reason as to way.

Hi all bit of advice please sorry if am posting in wrong place. Can I still reclaim mortgage arrears charges from Kensington? It's from a closed account from 2007 Thanks

Hi, we have a mortgage with the wonderful and helpful (!) Kensington and we have managed to get into a pickle. Husband has been in and out of work and we had a reposession order suspended last February. Unfortunately, we've got further into a mess and now have a date for reposession on the 22nd January 2008. I have to be honest, it's not the first time we've been in this situation, we had a mortgage with Verso who did the same to us some years ago, but the system has changed since then. Has anyone been in the same situation and does anyone have any helpful advice? Many thanks

Hi. Just looking for advice on the state of play over unfair charges applied to my accounts. Still got 12 years to run on a mortgage with SPML. if i send an SAR letter is it like poking a sleeping bear. I have £1400 in arrears with them and on a repayment plan which i am keeping up with. Can they put the strong arm on me to pay all the arrears and when i can't start proceedings. What are the chances of success of getting back any charges or should i accept my fate and carry on paying till the end and stay quiet. My Kensington remortgage was finished in Jan 16(woohoo!!!). There are charges that have been applied to this account so what ,again, are the chances of success with this company with it being a closed account. My Welcome loan is due to finish in May 16. There are charges and maybe PPI with these people. Again is the a chance of success of getting these charges back in full or as they say " Keep Calm and Carry on" 7 years ago i was in such a financial mess even i wasn't sure what I owed to who. Today the only outstanding debt is the mortgage and 4 payments to welcome. Paid off credit cards, Remortgage, and car. Light at the end of the tunnel. Any advice would be most welcome, Tommy

Hi, I hope this is coherent and someone will be able to help with some advice that I can pass on. Sorry if it gets complicated! my aunt has a mortgage with the infamous Kensington mortgage company, but fell into arrears whilst seriously ill abroad with Breast Cancer and then secondary complication of Tuberculosis, Kensington were aware of her illness. Long story short an Eviction was scheduled. A month before the pending eviction when aunt was informed, she made contact with kensington and sent Income and expenditure form, a proposed repayment plan, and proof that she was indeed ill abroad in hospital (2 medical certificates). This group of documentation was sent on 3 separate occasions, when she called Kensington from her hospital to confirm their receivership, they would ask her to send it again, claiming they didn't receive one of the documents. During this time she made 3 separate payments to pay the arrears of about £3000, clearing half of the arrears. After continuous phone conversations with Kensington, they had finally confirmed that they had received the documents after she complained that she had sent them multiple times and had proof of this, they informed her that they were satisfied with the documents, and proposed repayment plan and would meet with the management team to discuss and come to a decision and inform her of this. Aunt phoned Kensington the day before the eviction and they still hadn't come to a decision, so asked her to call the next day. (Eviction scheduled for 11am) Now on the next day, she called as soon as the call centre opened and finally got through to an adviser around 10am who informed her that they had decided the only way to cancel the scheduled eviction was for her to pay one monthly instalment + the proposed monthly £100 to clear the arrears before 11 from her own UK bank account. (Previous payments whilst she was ill were either from her daughters account, which she informed Kensington of, or paid into Kensington's account through the bank counter). So aunt's bank account has to reactivate her bank account which was dormant due to her being ill out of the country for so long, transfer her funds into that account, and money was paid into Kensington's account at 10:40am. They claim that it reached their account at 20 past 11. Now her son drove to the property around 10:55 and saw that the bailiffs were already there before 11am and front door was open. Kensington released the telephone attendance note from their solicitor to the bailiff, which is timed at 10:45 AM, and says- "He said they are already there and they have looked at the property and there doesn't seem to be any response from anyone inside. He said they have looked inside and borrower may be a hoarder. He said they went to the back of the property and it is filled with rubbish from top to bottom. He said they will go inside and see what happens but said it might be difficult to get inside as he suspects the door may be blocked (due to hoarding) but will let us know what happens" A few notes about the house, it's fitted with curtains curtains at every window, so anything on the inside is not visible from the outside. Property has a garden gate, with back entrance to house (conservatory), Conservatory is used as a storage room so contains multiple boxes and bags, however has floor to ceiling windows so anything inside couldn't be seen from outside. you'd have to be inside the house to see what was inside. Is there anything that can be done with regard to the bailiffs entering the property earlier than 11am, or even breaking open the gate and entering the garden before 11am (i.e. trespassing?) Also in regard to Kensington only deciding to inform my aunt of the payment to cancel the eviction 1 hour before the scheduled eviction, can anything be done about that? Is that an oppressive act? She is planning to apply to the court for a re-entry Sorry if this is in the wrong forum. If anyone has any advice please help, I feel terrible for her as she has been so severely sick and we're trying to assist her as best we can, so would be very grateful for any advice anyone can give.

Hi, I really hope someone can help. I took out a secured loan with Kensington mortgages back in 2005 and struggled to keep up on the payments. In 2009 I defaulted on my house and it was repossessed , there was a shortfall in the selling price of the house , my current mortgage lender stated that they would not chase the debt . The issue now sits with Kensington mortgage, the house was sold in 2009 and Kensington have not defaulted the debt but keep submitting 6s on my credit file, I have a feeling that it was around 2006/7 that I fell behind on my payments but the debt never defaulted. Kensington have not once written to me, even though they know my address. I really am not sure of my next move, I am aware that the limitations act works differently with a secured loan . But I really would like to know how the limitations act works and what I should do with the fact that they will not default the debt?

Please could someone advise me if at this late stage there is still sufficient time to submit an N244 to try and prevent a repossession that is scheduled for Monday 9th June at 10.15pm. The earliest I could get to the court would be Monday morning which I'm assuming wouldn't give them sufficient time to schedule a hearing. I've tried to negotiate with Kensington (they're enforcing a suspended possession order) but they've told me that the affordability isn't the issue, they just don't think I'll keep to any new arrangement. Thanks

Hi. I seem to be having trouble with the above company with regard to interest rate, increasing monthly payments and charging £50 per month for being in arrears without an agreement. Is there anyone who has had or still has a loan from kensington secured on there house. If so can anyone tell me what the svr was on their loan in March of this year. Also does anyone know whether one can obtain a written statement of kensingtons svr for the last 5 years? Has anyone had their mortgage payment increased even though there was no increase in the interest rate? Has anyone successfully reclaimed the £50 charges and if so how does one go about it. I know this is rather a lot of questions but it would appear that second mortgages are not covered by the FSA and therefore help from them seems not to be forthcoming. many thanks

Hi I have pasted a letter that I have written. Basicly I am not sure if this is the norm but my Mortgage company are charging me £50 for each month that i am in arrears. I have currently got an agreement set up with them via a court repo hearing and it turns out that I will apying the arrears for 5 years and the whole time they are charging £50. So I have decided to complain to the FSA for unfair contract terms and if they have a go at Kensington then I can apply to Kensington to stop charging. Well thats the plan anyway. Can somebody look at my letter please and see what you think before I send it Also if anybody else is in the same position feel free to send it aswell. The more the merrier. The Olives Our Street Our Town ESSEX AC12 3CD 1st March 2008 Dear Sir/Madam I currently hold a mortgage with Kensington Mortgage Company. I am writing to complain about one of their terms and conditions. I have enclosed a copy of both the terms and conditions of this mortgage and a copy of the loan agreement. In section 4 Key information it states the default charges. The first charge is a £50 monthly arrears fee. On both the agreement and terms and conditions this is the only place it is mentioned. At the time I felt this fee was for missing a payment. I am now in arrears and have since discovered that in fact this fee is charged for the total length of time you are in arrears I feel this is unfair because this is still charged to the account even if you have come to an arrangement to pay the arrears. For example if I owed my mortgage company £500 and I offered them £50 a month for 10 months to clear the arrears my mortgage company would be continuously adding £50 to the account for those ten months. Therefore the payments I had been making would not have really cleared the arrears and it would take me a further 10 months to get the mortgage to what it should be. By adding this charge to the account they are also receiving interest from their own fees. I also see this as unfair. I asked an advisor from Kensington about this charge and she said it was for the additional work involved in running an account that is in arrears. Even if the account with its payment towards the arrears is being paid on time each month they still place this charge making it very difficult to clear any debt. Myself and many more feel like this is a penalty. Therefore I would very much appreciate it if the FSA could look into this matter. Yours sincerely

We are approx. 4 months behind on my mortgage payments to Kensington due to my OH being unemployed for quite sometime. He is now in full time employment and we are in a position to pay some money off the arrears (£200 per month). Today however we received a letter from NCI who called to the house whilst we were both in work, asking us to contact him directly on a mobile number within 48 hours to arrange another appointment. I need some advice please. Firstly what is the best address to write to (Kensington) to offer the extra payments via a payment book or through bank, I am not prepared to talk to them on the phone. Also some advice to get this field rep off our backs. Many thanks

morning Firstly I have mental health issues, I was on DLA full rate care and mobility until around 2 years ago when it all stopped suddenly I went to court to appeal but lost the appeal I am in the ESA support group. I have been seeing a mental health worker for a few months during which time my arrears have built up. i don't open mail and can't cope basically i owe just shy of 80,000 to Kensington, I have a court order in place from 2011 which stated I have to pay £9 per month off my arrears since march I haven't managed to keep to this the DWP pay £155.44, per month expected payment £200.20 £9 off arrears court order i was upto date although in arrears if you see what I mean til march/april as an idea i was 969 in arrears 01 01 2010 i reduced this to £321 at its lowest in feb of this year but has now crept up to £591 they have charged me £50 per month monthly arrears fee they charged me £60 for a field agent who knocked on my door unannounced but I cancelled the 2nd visit they have charged almost £2000 court fees and solicitors costs between 2011 and 2012 what can I do I feel I can't fight any more the hassle they give me when I ring and the way they are so argumentative puts me off ringing to sort things out I feel suicidal right now because of this The council have sent a letter giving me the names of 2 solicitors Where do I go from here court hearing 2pm monday I actually don't have a penny so can't make a payment my income is £162 per week from this £19.45 deductions for gas £21.65 for electricity £38.86 for housing costs which forms the DWP payment £8.70 for water I have £130 every 2 weeks to live on I am single thanks and any advice on where to turn to would be greatly received

Hi, To cut a long story short we had our first possession hearing today (20th) with regards to arrears on our Kensington Mortgage. I had initially asked for a "holiday period" from Kensington and they declined "its not their policy". I asked if I could rent our property back in February, they didn't answer. I have asked if the arrears could be added to the end of the mortgage, they didn't answer. I was eventually sent a court hearing date and we attended, giving the judge all the above information................and told her we are waiting for the return of an MI12 form from the benefits agency who had advised us that we are eligible for payments on our interest only mortgage. The MI12 form was sent recorded delivery on the 10th August. I asked that if the benefits agency were able to make payments on the mortgage, I would possibly be able to make payments on the arrears (I'm currently on JSA). She basically ignored this plea, and said as we have no confirmation of how much the benefits agency will pay, I have no option but to order a 28 possession. I was gobsmacked!!!. I now don't know which way to turn??? or what happens next. She advised that a warrant would be issued, but this may take a few weeks. Is there any advice anyone can give me??? I've since read on here that an order can't be placed whilst awaiting benefits approval?? Where do I stand, and can I contest the decision, given that we are waiting for Kensington to reply??. I've contacted the DWP and they have not had it returned by Kensington.?? I sent it recorded delivery and have the postal receipt. I have a wife and two children and panicking Thanks Taz11

morning all i think im going to claim against kensington on behalf of my two sis in laws one of whom lost her home and is now in rented although she didnt keep up with payments (split up with partner) and they repossessed her home she hasnt even got any paperwork from the repossession etc but i KNOW there will be loads of charges there also other sis in law who is being hammered by £50 charges often what i find is strange is the fact that in the last week i have rang one has said she is in line with the court order imposed at £9 per month above the contractual £199.99 per month and the other said she is in arrears to the tune of £400+ she was on a payment plan although in default according to phone call 2 she was in default according to number 1 however when i asked in line with the court order they said in default by 40p so we promptly paid £1 on her credit file last time she defaulted was may they just tried to add councellor fees on but i cancelled this she has recently been treated for mental health issues and has been told to get letter from gp which we have requested and will forward a copy to them in the first instance i am going to sar on behalf of the two SIL's wish me luck i will update as we go along here

hi all went to the chelsea v psg game tuesday evening parked my car in a parking bay paid the pay and display which was £3.50 per hour [ machine took £ 4 no change given } at 17.20 pm can park for free after 18-30 pm it said i thought it took the 50p extra returned to my vehicle at 18.20 to make put match programme in the vehicle and a warden was there i walked to the ticket machine as i wanted to check the times of the parking which says free after 18-30 and to my dismay the warden had written a ticket out and stuck it on my car saying contravention at 18.29 ..one minute before free parking can i appeal have i any rights

Hi all, Glad to be here. I'm a long time browser and a new user. This forum has gave me great ideas in the past and I have helped my friends by reading advice on here. Now for my story. I have been with Kensington Finance for over 5 years. I was aware of free ones but thought that it was too much hassle as my debts were surrounding me. I was not thinking clearly and wanted a quick way out. In fact, I got referred to them by someone I knew. He said that they are good, no hassles blah, blah blah. Like a naive person, I arranged a DMP with them. They put me on a DMP on £90 a month (£49 paid to 3 creditors and £41 for their 'management' fees). I agreed and forgot about them. Currently I don't work. Ironically I'm studying to become an accountant. lol. Before I was working with computers and did a degree in Multimedia systems. Just last week, I got a wake up call from one DMP company. Someone called me up and managed to obtain my credit history. She told me that I have £8500 debt (with 3 creditors), which will take me about 12 years to pay off on my current plan, and was trying to sell me an IVA. I simply told her that I'm not working and therefore I probably won't be eligible. I simply put the phone down. I wanted to check how much debt I had left. Originally I had just under £11,000 debt and it doesn't take long to work out that only £2,500 has been paid off so far. Since that time I have paid Kensington Finance £2460 (£41 x 12 months x 5 years) in management fees which could have easily been paid towards the debts if I went for the free one. After that call, I called up StepChange and decided to go with them. They phoned me on Monday 02 June and set up a DMP with me. They worked out that £102 a month is reasonable for me and I should be debt free in 6 years 4 months, if my situation don't change. Today I phoned up Kensington Finance to cancel and explained my reasons why. They said that we will only charge you £10 in management fees. They also said that changing the DMP over to StepChange might cause bother to creditors and they might hassle you again so stick with us. Under the new plan it will take you 6 years 9 months to be debt free in my current situation. So what I want to know is that if any body had problems changing over? Will it cause problems with the creditors and for me? Should I stick with Kensington Finance as they have my details or send the paperwork back to Stepchange to get the DMP started? Sorry for long post. Any other advise gladly welcomed.

We had a mortgage with Kensington until we remortgaged in around 2004, before sending off a SAR could someone confirm the 12 year rule, i.e. Can we only claim the charges in the last 12 years? or Do we have up to 12 years to claim the charges for x amount of years before the account was closed in or around 2004? Can anyone enlighten me or point me in the right direction?