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    • Hi. Thank you for starting a new thread and for telling us your story.   So you didn't have dealings with Wellington Court when you moved your funds from Scottish Widows to Guinness Mahon? My understanding is that anyone doing a pension transfer should have independent financial advice.   How much paperwork do you have and how much if any is from Wellington Court please?   HB Hi. Thank you for starting a new thread and for telling us your story.   So you didn't have dealings with Wellington Court when you moved your funds from Scottish Widows to Guinness Mahon? My understanding is that anyone doing a pension transfer should have independent financial advice.   How much paperwork do you have and how much if any is from Wellington Court please?   HB
    • Hi   I assume this is a Gas Boiler and is so the first thing I would do is ask Your Repair for the Gas Safety Register Number of the 2 individuals they sent to your property to carry out that repair as they should be Gas Safety Registered.   Once you get that then check those numbers on the Gas Safety Register:   Find or check a Gas Safe registered business - Find or check a Gas Safe registered engineer in your area who can fit, fix and service your gas appliances. WWW.GASSAFEREGISTER.CO.UK Find or check a Gas Safe registered engineer in your area who can fit, fix and service your gas appliances.   What I would also do is send Your Repair a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase cover whatever format they hold your data in whether it be phone calls, emails, written etc. They then have 30 Calendar Days to respond and that time limit only starts once they acknowledge receipt of your SAR request
    • Hi . I also been motability customer for many years but this is my 1st diesel .  And I have to say motability staff are the cream of the cream  best of the best  100% amazing staff  but this time in particular when I said what happend  just like I said     The reply was  they must been a mistake I'll send them an email to remind them   Then I said I want to make a complaint about them as they was rude  dismissive and I dont really want to go back to them .  Then she said  this is a complaint  I'm doing it now and I'll send them an email to remind them  And I had nothing  off them since .  Also I left it on there feedback on there Webb site review.  (the dealer )  Which they replied in a bog standard click and paste reply  saying they  contact me and deal with  they never did  even left follow up feeback to the review.    I was shocked by the lack of response from motability  of the potential fraud  that could be going.on ..  As far as I'm concerned it is fraud  they know it's free to motability customers  but still try and charge  even argue with customers in middle of the show room  and that was there manager   david /dav .  
    • Hi   I myself am a Motability Customer and have been for some years with numerous cars.   What I will say is you won't have been palmed off by Motability as your complaint will be noted on their system with that specific dealership and they will have asked that dealership to respond to your complaint.   With Motability it will take more than one complaint against that specific dealership unless very serious for them to take corrective action on that specific dealership.   When you contacted Motability did you make it clear that you were complaining about that dealership and the adblue charge?   What exactly did Motability state to you after they had carried out their investigation? (Motability would have contacted that dealership for a response)   Did Motability offer to change you to another local dealership for servicing of your car? (they can do this if you are unhappy with that specific dealership)   I note you state your sister husband who is disabled took his car and was charged £30 for adblue for their car but could you clarify:   a) Was this at the same Dealership you went to?   b) Was this car a Motability Scheme Car?  
    • Thanks for the reply DX100uk   The lady said hard copy asap. I recall a previous letter with guidelines stating 14 days. i'll certainly submit an email version also as courtesy.   If its 7 or 2 days, then fantastic   but i also found this 'Accordingly, in the absence of a specific direction, witness evidence should be filed with the court at least 14 days before the final hearing date. statements. As per CPR 32.4(2), the court will order a party to serve witness statements on the other parties.'   https://www.lexisnexis.co.uk/legal/guidance/in-relation-to-witness-evidence-under-the-civil-procedure-rules-what-are-the-time-limits-for-filing-a   i have however found this: 1 Oct 2020 — 17.1 The witness statement should be headed with the title of the ... that the claimant must file the trial bundle not more than 7 days and ...   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32#witness   but i cannot find that tect in the actual web page, i have found though: AGREED BUNDLES FOR HEARINGS 27.4 Rule 39.5 provides that the claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial.   so slightly confusing  
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Kensington Multiple Repo's + Reclaim fees? **They've lost 5 TIMES NOW**


ananya
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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.

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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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.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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.

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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

 

 

you are an inspiration to everyone here

 

 

4th attempt batted away.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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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

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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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?

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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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.

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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  • 2 weeks later...

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.

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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 :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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)?

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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"

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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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.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Listen ........

 

 

glad we don't have too

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 months later...

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 ��

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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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 :smile:

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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