Jump to content


  • Tweets

  • Posts

    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
    • hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
    • The airline said it was offering to pay $10,000 to those who sustained minor injuries.View the full article
    • The Senate Finance Committee wants answers from BMW over its use of banned Chinese components by 21 June.View the full article
    • Brussels is widely expected to introduce tariffs on Chinese electric vehicles coming to Europe.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Kensington want to evict us again !!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3383 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

She was probably pi$$ed off that she had to report they lost:) Didn't she hear what the judge said - they really think they're something don't they - well you got the result, not her!

 

Hope all goes well for you from now on.

 

Ellx

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.

Link to post
Share on other sites

  • Replies 547
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Olive family,

 

I have arrears with my mortgage and am having sleepless nights worrying about forthcoming events, I have just read your entire thread with bated breath!!

Im so pleased for you, and it shows with the help of this site especially Ell-en and keeping hold of all your paperwork you can be successful!!

 

I hope everything goes ok for you now and your kids are happy and healthy - they sound like they deal with a lot!!

you deserve happiness and peaceful, sleep filled nights

xxxx

Link to post
Share on other sites

Hi Olive family,

 

I have arrears with my mortgage and am having sleepless nights worrying about forthcoming events, I have just read your entire thread with bated breath!!

Im so pleased for you, and it shows with the help of this site especially Ell-en and keeping hold of all your paperwork you can be successful!!

 

I hope everything goes ok for you now and your kids are happy and healthy - they sound like they deal with a lot!!

you deserve happiness and peaceful, sleep filled nights

xxxx

 

 

Thankyou Gilly that is a truly wonderful thing to say. I am so very sorry that you are in trouble. Maybe you can start a thread and we can all be there for you. Even if it is just to off load your troubles. Sometimes this can start to make you feel loads better. Everybody is for everybody

Sleepless nights are so not good. they will most certainly make a bad situation 10 times worse.

 

I wish you well.

 

Olives xx

Link to post
Share on other sites

I am shaking an feeling very sick at this moment in time. I have just had a call from Kensington. It went something like this:

 

KMC : Hello Olives this is KMC. Have got a few moments to discuss your mortgage account.

 

ME : Yes of course.

 

KMC : It is about the eviction that is takin place today at 12.15.

 

ME : You mean the eviction that was cancelled.

 

KMC : No the eviction has not been cancelled.

 

ME : But i was in court and the judge dismissed it I have it written hear in front of me.

 

KMC : No olives the court dismissed the application

 

ME : NO HE DISMISSED THE WARANT

 

KMC : Sorry Olives can you hold please.

 

listned to there rubbish music and still feeling ill. Thinking OMG I ciuld have 2hours to get out of my house. The kids are not even dressed and I have no where to go.

 

KMC : Hello Olives. IT seems we are going to have to call the couirts to ask what is going on. I will call you back if the eviction still stands. If you dont hear from me then you know all is ok

 

ME: ER no you will call me either way.

 

KMC Yes Olives.

 

 

5 long minutes later the phone back

 

KMC : Yes Olives you are correct. It seems there was a communication error. You have written Warrant dismised and we have Application dismissed. So would you like to discuss how you are going to pay the arrears.

 

ME: Sorry let me just get over the shock of you telling that I have to move out in two hours

 

 

 

I can not believe that has just happened. I have phoned hubby in London. He is furious. He wants to come home to make sure that there is somebody with me in case a bailiff knocks on the door. Told him there was nop point as it will take him at least 2 1/2 hours to get home. To think that she was so normal about it and even said well if you dont hear from it it is obviously ok. To trust them when there has already been a communication error.

 

 

 

Olives xx

Link to post
Share on other sites

Hi there, hope you are calmer now, I bet that they did know that it was cancelled but they wanted to scare you into agreeing a payment plan that they could go back to court with when/if you defaulted, if you have been paying back the arrears then carry on as you are, if it was acceptable to the court then Kensington cannot argue unless they go back to court, keep your cool, dont panic and even if they do send someone to the door, (I have to say that I wouldnt put it past these low lifes to come and try and scare you into paying with another credit card!), then you can ell them to go away, actually, I wouldnt even answer the door.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

first of all i wanted to say congratulations to you all :)

 

 

what a shock that mustve been to get a call like that, especially as your OH isnt home with you at the moment, the stress these people cause is unbelieveable, am so sorry to hear that you have had to go thru this on top of what you had to go thru in the first instance.

take care of yourselves.

 

honey x

Link to post
Share on other sites

:eek: Hi Olives, - OMG these people are the pitts!!!

 

Ring the court and tell them what's happened this morning - tell them how distressed you are.

 

Write a formal letter of complaint to Kensignton (including the transcript of the conversation you posted above) asking for a) an apology and b) compensation for your distress (I'll happily draft the letter for you if need be !!).

 

Morons!!! how dare they make you feel like that :mad::mad::mad:

 

Ellx (very cross!!)

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.

Link to post
Share on other sites

OMG it gets worse.

 

I have ust spoken tothe court to put across how distressed i am. She said that she had spoken to the Bailiff his morning as he was SAT OUTSIDE MY HOUSE and was wondering where KMC was, The lady at the court said well the warrant has been cancelled. Apparently for some unknown reason they hadnt cancelled it with the Bailiff. So he very nearly did knock on my door.

 

For all i know somebody from KMC could turn up in the next 15mins. She did say that KMC was issued excatly the same letter as me word for word. So when they say the letter says The Application was cancelled it doesnt. It says The Warrant was cancelled.

 

I can not believe thisis happening.

 

Ell if you can draft me a letter that would be great. I am so angry and upset at the mo. Even my hubby has got the train home as he cant bear the thought of me here on my own. Even though he wont get here till 2.00pm

 

olives xx

Link to post
Share on other sites

Hi Olives -- thinking of you. Be strong xx

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

Link to post
Share on other sites

I sure will my dear! and you need to send (or take) a letter of complaint to the court manager.

 

Make an appointment with your doctor for this afternoon if possible and tell him you are suffering from stress.

 

I'll get on with drafting the letter.

 

Chin up kid - we'll get them in the end!

 

Ellx

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.

Link to post
Share on other sites

......and while we're at it - Chief Executive of Kensington - Keith Street, can get an emailed copy of the letter - see what he thinks of the situation. [email protected]

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.

Link to post
Share on other sites

Well it just so happens that my girls have an appointment this afternoon at the docs to get them kitted out ready for school with all there lotions and potions. I will slip into conversation about how I am. He is so understanding as he thinks i should have cracked up two years ago when we first started with girls and hubby being ill. The with my boy last yea being diagnosed as well. OMG why am i not in the luney house with a wghite jacket on. I am so jumpy. I keep hearing cars pull up.

 

I dont like admitting to cracking up and KMC getting to me. It makes me feel like they are winning..

 

I will tell FOS as well to add to my complaint.

 

Thankyou Ell.

 

olives xx

Link to post
Share on other sites

OK I think I may be safe now. It is 12.30. I am gonna take a deep breath and think about what I am going to drink tonight. Good job kid go back tomorrow as that will stop me from getting too pye eyed. I still can not believe thay have done this. What if the bailiff did knock on the door and my son answered, what if i had gone out. It is tipping it down out there. I could of come back to all my stuff being out in the rain. My son stays at home if I pop to the shop(he is 12 next week). He could have been here on his own.

 

OK give me a few moments. A coffe should sort me out. Blimey I gave up smoking just over a year ago. If I was on my own I would most prop start again. Kids would flip though. Sorry I know I am rambling but that really worried me. Being on here at the mo makes me feel that its not just me and the kids. You guys are sat in my front room with.

 

xx

Link to post
Share on other sites

Hi, oh I do feel for you Olives, what a terrible thing to do to you - make sure your doctor puts it on your medical record - never mind about Kensignton getting to you - what they did today is unforgivable and you need all the ammunition you can get to hit them with.

 

...anyway here's your letter to them (registered post I think for this one!)- obviously you will have to put your name where I have inserted XXX's. Can you scan in your Court order and put it as a third page to email to Keith Street.

 

Letter for court coming up soon (have a meeting to go to now).

 

Ell

Olives letter 2nd September.doc

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.

Link to post
Share on other sites

Hi Olives, have been reading your posts. Your stress levels must be sky high at the mo. Do you remember my post when KMC sent the bailiffs to evict us even though we didn't have a mortgage with them anymore. I actually had the bailiff in person telling me i had an hour to vacate my home and told me not to make a scene. I'd like to say i'm gobsmacked at whats happened, but with KMC nothing surprises me.

Take care xxxx

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...