Kensington want to evict us again !!!

[OLIVE.FAMILY]

Nice to see you getting a fairer shake of the stick, hopefully things will continue in this vein and FOS will do you a service

 

[OLIVE.FAMILY]

We'll it's here....I have their reply and as predicted in comparison to the amounts I have asked for it's actually quite laughable.

The usual 50% of some fees

100% of some more

Absolute no no to solicitors (which I didn't ask for), no to agent costs , not to court costs (which I also didn't ask for).

No mention what so ever of the compound interest from the loan that I included.

 

Olives x

[The GodMother]

So IF you take the amount how much less will it be and would you be able to clear the arrears?

[Ell-enn]

You can't clear arrears with refund of fees. These fees are added to the outstanding balance of the mortgage and if they are refunded they will just be deducted from the balance. Arrears are missed payments - not the same thing.

 

as a quick example:

 

mortgage balance £100,000

Arrears charges + £ 500 = £100,500

Missed payments + £ 2,000 = £102,500

charges refunded - 500 = £102,000 ( the £2,000 arrears are still there)

 

However, depending on the amount of interest on the fees you claim - that interest refund could be used towards the arrears (but is unlikely to make much of a dent).

[OLIVE.FAMILY]

Hi guys....

Godmother...for our secured loan we asked for approx £21,000 in charges, agent fees and compound interest that is being added monthly (at the mo just short of £200 a month) and then interest on top to be repaid....they offered £2000

 

For our mortgage we asked for £4500 to be repaid from charges, agent costs and interest....they offered £1500

 

Thanks Ell-en for making how they pay more clearer...although it does not clear the arrears balance we are selling the house. So even by them deducting it from mortgage balance when we sell this will not only clear our arrears but also give us equity in the house .

 

Xxx

[OLIVE.FAMILY]

Just to make my last post clearer, what we asked for will give us equity back...what they are offering will not

 

X

[The GodMother]

How rude of them to offer so little.

I would tell them no and ask for more.

[OLIVE.FAMILY]

Lol...i most certainly will doing just that.its their final response and said if we disagree to take it to FOS. We are considering though putting in a counter claim with the court as we are adjourned until September. We want this cleared up so when we sell we owe nothing and we have no more dealings with them

X

[The GodMother]

I cant advise what to do but I would advise u speak to your solicitor

[OLIVE.FAMILY]

Yes we will be

[OLIVE.FAMILY]

Hi all,

After a month of hanging around for other people to get back to us I can finally update.

 

FSCS complaint is in and has been received by Deloitte. Took a while as it got lost (long story) and took 3 weeks for them to find it. They have agreed to fast track it but still wont have any answers by 2nd September when we are back in court.

 

Shelter as wonderful as they were last time have been a bit of a nightmare. the Judge gave us a adjournment so shelter would have more time to look into our case. We sent three emails..had no reply. Finally got an email saying we had to send all our income details in again to reapply for legal aid...we done this..another week..we get a new vase worker as the last one has left....a week goes by again and we get a call again to say we are no longer entitled.....Do you know what I am kind of relieved I think as the fight is back in my hands. Shelter do fantastic work but i do not think i liked the idea of being gagged when I have so much to say. I have done this before so I can do this again (with a little help , love and support from my CAG friends of course )

 

 

So its back in my hands now.

 

My first thing I need to decide is what to do about these charges.

 

The court case is a repo hearing for the Mortgage account. The bulk of these charges are on the Secured Loan (same company) as they are compound interest. This is also the same reason why we stopped paying again (sheer panic on them wanting an extra £200 a month)

Can I state all this in the court hearing??

I also need to decide weather to take the charges to the FOS or take it with a counter claim on this adjournment as Kenny's have sent us a very poor offer as suspected.

 

We have our house up for sale now and we are looking at a £20,000 shortfall. These charges will clear them. Tempted just to say to Kenny's that the house will sell for £130,000....we have £20,000 shortfall fall I think you owe us just over that..tell you what lets call it quits! .....don't think they will go for that some how though.

 

your thoughts and opinions on this guys is very much appreciated.

 

olive xx

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?431138-Bank-of-Scotland-unfairly-double-billed-customers-says-judge

 

Olive, I dont know whether Kensington have capitalised your arrears at some point as in the case above ? If so, is there anything in the Judgment above that might be of any value to you ?

[OLIVE.FAMILY]

 

Olive, I dont know whether Kensington have capitalised your arrears at some point as in the case above ? If so, is there anything in the Judgment above that might be of any value to you ?

 

 

WOW ! Yes we're capitalised a few years ago. I do I know if this affects us at all ?? X

[citizenB]

If they continued to make demands for the "arrears" after they were capitalised, then I would think it would be helpful.. Once the arrears were capitalised into the loan, there were no longer any arrears.. or that is my understanding of the situation.

[OLIVE.FAMILY]

No they hadn't , they only asked for arrears when we were in arrears.

 

We have now decided to go via the FOS for these charges. Not sure if they will be very helpful but hopefully it will buy us more time so that the house can be sold. We now have a date to move into the new house for the end of September.....just got to sell this one

 

Xx

[OLIVE.FAMILY]

Okkkk....looking through the FOS decision reference.

 

It seems that the FOS are keen on awarding the same ratio of charges as Kenny has offered so looks like I will have to accept that although just in case I will still send it to the FOS.

 

I am still going for compound interest and I am going to add the fact that £50 a buildings and contents insurance is included in these arrears. I agree we have to have buildings insurance but had I of been with another insurer like for example Aviva and has fallen behind then they would cancel the insurance not keep it going adding interest.

 

X

[The GodMother]

See what the FOS say re it all. If they have been compounding the interest then in theroy u should have the interest. Good luck with the Move and case.

[OLIVE.FAMILY]

See what the FOS say re it all. If they have been compounding the interest then in theroy u should have the interest. Good luck with the Move and case.

 

Thankyou

[OLIVE.FAMILY]

Well tomorrow is Court Day.........feeling nervous now but think I have my case nice and clear in my head. In court at 12.30 and have a 20minute slot. Roll on 1pm when it's all over.

 

Xx

[citizenB]

Good luck, Olive

[OLIVE.FAMILY]

Well we got what we wanted again......a 3 month adjournment to let the FOS decide on the charges . Hopefully by that point we would of sold anyway.

 

Unfortunately though we were unsuccessful with the FSCS due to mortgage being taken out in 2003...they can't deal with any cases before October 2004. So looks like I have come to a complete dead end with that one :(

 

Olives xx

[citizenB]

Is there nothing at all the FOS can do with the mortgage, Olive ?

 

Good news on the adjournment - do you think the Ombudsman would have made their decision in 3 months ?

[The GodMother]

How did this go Olive