Kensington Multiple Repo's + Reclaim fees? **They've lost 5 TIMES NOW**

[ananya]

We managed to get into trouble again with our mortgage and broke the arrangement to pay the arrears set by the court 3 years ago.

 

 

It was due to extenuating circumstances,

I was going through lots of tests as I had a cancer scare,

hubby had to take time off work and as he's a contractor he doesn't get sick pay,

this resulted in a drastically reduced income.

 

 

I kept KMC fully informed and we started payments back up, with an extra £260 on top each month,

they told us we couldn't afford this and went for eviction.

 

On the day hubby submitted our application to have the eviction suspended (anyone doing this via Birmingham Civil Justice Centre,

they prefer you use their own tick box form, not the N244, available from the reception area)

 

 

KMC rings up saying if we cancel our hearing proceedings, they'll work with us to find a solution,

not having any guarantee they'd cancel the eviction on 17/11,

we obviously decided to leave it in the hands of the district judge.

 

We have been here before, with documents I have saved from before and reading these forums, I prepared the documents to take to court.

Needless to say, the judge was on our side, berated KMC for their tactics and ordered us to pay an extra £200

and not the £260 we have been paying, so as not to over stretch us.

 

I have read that I can start to reclaim some of these unfair arrears charges and counsellor visits.

I've read the linked articles about KMC being fined but am at a bit of a loss on how to go about things.

 

 

Can anyone help?

Many thanks.

[citizenB]

Do you have a record of all the unfair charges that have been applied to your account ? If so, then you would first need to complete a spread sheet so you know how much you are reclaiming.

 

If you don't have this information, then you will need to send a Subject Access Request to Kensington to obtain these. It will cost you £10.00 and they have 40 calendar days in which to respond.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

 

You should receive ALL data in respect of your relationship with the company. So along with statements showing any unlawful / unfair charges applied to the account you should receive any other information they have.

[ananya]

Thank you, no I don't have the info, so its a request to them first.

 

I'm expecting the charges to be in the thousands, it'll be interesting to see exactly how much they've whacked onto our account over the years.

[dx100uk]

I've merged your threads on this incredible story for history.

 

 

you are an inspiration to everyone here

 

 

4th attempt batted away.

[Ell-enn]

Make sure when you send the £10 payment it is in the form of a postal order - write on the back of the PO your account number with them and also the words "fee for statutory request, not to be used for payment of account". Take a photocopy of the back and front of the PO and keep safe with a copy of the letter. Also, make sure you send recorded delivery or registered post so they can't say they didn't get it you can check on the royal mail website a few days after posting to print off the signed for receipt - keep with the copy letter and PO in case there is any query over them receiving it.

[ananya]

Awwww thank you dx100uk, I'm a firm believer that the courts and DJs just do not tolerate bullying behaviour from mortgage companies. Oh and the DJ ordered no costs to be awarded to KMC either and we didn't even ask for that.

 

What I couldn't get over was the fact that KMCs legal representation had no idea they'd been fined heftily for unfair practice and illegal charges, surely he should've been aware of that?!

 

Ell-enn, thank you again, without your help and the support from CAG, we'd have never done this, so a huge thank you from the bottom of my heart

 

Anyone facing the same as we have, don't despair, all is far from lost. Especially knowing we got our eviction suspended with arrears of £12000, if you can prove you can pay, have a good reason why the agreement was broken and have tried to come to an agreement with your mortgage company but to no avail, in our experience the district judge will find in your favour.

 

It's made our year I can tell you

[ananya]

One last thing, the bailiff who delivered the eviction notice told us 97% of evictions get suspended. If that's true then surely mortgage companies are abusing the court system to get their own way?

[dx100uk]

I wonder how much of this £12k are arrears, like penalty/arrears/debt management fees and silly insurance they forced on you

 

 

dx

[Ell-enn]

They use the eviction threat as a way of panicking people into finding the money to pay off the arrears by any means they can - they know very well that judges won't take people's houses away if there is any chance they can pay their monthly payment and extra towards the arrears. It's also a way of adding inflated legal fees to mortgage accounts for the eviction process and for sending someone to court if a borrower has the courage to fight them in court.

[ananya]

I'm looking forward into finding out exactly what they've charged us over the last nine years.

 

Once I have a reply, I'll post the details.

[BornThisWay]

I am interested in this post because with the help of Ellen I managed to beat....

.....I forget actually..

....but it must have been at least 6 eviction attempts by Accord - one of which was on 23rd December!!

 

I was never more than 4.5 months in arrears,

always kept in contact with them and explained precisely what the problem was

 

. I have no idea how much over that period their various rent-a-solicitors added to my account but I am obviously paying interest at their loan shark rates on it all!

 

I have complained in the past about their handling of my case but they basically told me to go away.

 

Is there any mileage in challenging this again over their high handedness?

 

I had assumed they could pretty much do as they like, when they like, while I was in arrears.

 

Thanks.

[citizenB]

I see no harm in challenging this again, BornthisWay. I would suggest you start a thread with links to any threads you might have and we can start providing you with some assistance

[Ruleoflaw]

Listen I have studied property law, ie land law, equity and trusts, so may be I could help you but you need to give me some facts. What I know is that your have legal rights.

 

 

What type property is affected by the mortgage? Tell me about your mortgage history briefly. Did both of you sign the mortgage contract? ie Whose name/s is the property is in? Is it Yours, or partners, or both names? How old are you both? How serious is the cancer? You ability to pay the mortgage off is very relevant, ie employment or others paying the mortgage, ie the dole.

 

 

How long have you been in the property? How long is the mortgage term, what are the actual arrears of the mortgage without other fees for non payment etc. How much are these add on fess for non payment? Are you represented by a solicitor or are you self representing (pro se litigant)?

[Peterbard]

Are you represented by a solicitor or are you self representing (pro se litigant)?

 

What side of the pond did you study ?

Over here they are "litigants in person", not "pro se"

[Ruleoflaw]

It's Latin equivalent.

[Peterbard]

It's Latin equivalent.

 

Indeed , my point was that is not used in on this side of the pond, the term litigant in person or LIP is.

It is of course widespread on the web as most engines turn up Americanisms when property law is searched.

[dx100uk]

Listen ........

 

 

glad we don't have too

 

 

dx

[ananya]

Hi,

I had to reopen this thread as after we managed to get the order suspended in November last year,

hubby lost his job in December and we got into trouble,

 

 

again and Kensington jumped straight up and got an eviction date.

 

 

Well, hubby got another job pretty quick, starting just after we got the eviction date,

 

 

I told KMC and we also applied for a hearing to have it suspended.

 

 

Well, on Monday this week, for the FIFTH time,

 

 

KMC have lost and got a good telling off from the judge!

 

 

The judge also reduced the monthly arrears payment from what we originally offered too!

 

Anyone in the same position, all is far from lost ��

[sillygirl1]

Well done! It shows how greedy they are and how their business model is set to produce results from immediate failure to pay.

 

Don't forget to chase for charges again...

[Old Cogger]

wow = justice

[Ell-enn]

Excellent news, well done you have obviously learned a lot about how to fight back since your original situation.

[ananya]

I couldn't have done it without the fantastic help and support I've had from those on CAG, especially you Ell-enn and for that, a huge and heartfelt thank you