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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


Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

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the letter sounds good but im not really up on these things but let me know how you get on because i am in the same situation, my morgage company are charging me £40 a month for being in arrears which is being added to the loan its a lot of money which should really have stopped when the court made the order

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Thankyou for that. I will let you know the outcome. As far as I can wok out this has got to be a penalty charge as where is the extra admin work if we are now paying on time

 

Regards

Olives


Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

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Hi Olive Family.

 

Good luck with your letter, but i cant help feeling you are wasting your time with the FSA.

 

They will have heard this complaint a thousand times and more.

 

Why not go direct for Kensington ?.

 

Have a read of my thread HERE I asked the same questions as you. Hope it helps a little.

 

Good luck.


.

 

 

 

I Wish you everything you wish yourself.

 

.

 

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

[sIGPIC][/sIGPIC]

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Hi all. Its me again

As some of you are aware in Februaury Kensington wanted got an eviction date for us about our secured loan. We went to court and thanks to all the support I went armed with knowledge and encouragement.

We won. Kensington got a telling off.

 

We are also behind with our mortgage. So a couple of weeks after the court hearing( i needed time out to catch my breath) I wrote to Kensington making them an offer of payment. Stupidly i was so pleased with my letter that i wanted o post it straight away and as the post office was shut just put in the letter box instead of recorded. After a couple of weeks I hadnt had any reploy so I phoned Kensington to see whta was happening. Apparently they hadnt received my letter bit had applied for eviction again. I told them that I had written and made the offer over the phone again. The guy said that they would not accept it now as all they will accept is full arrears.

I wrote to them anyway sent it recorded and asked for the reply in writting. They did and still refused(at least i can show that to a judge). I made last months payment but have just phoned them again. Basicly told them that I will be paying late as I wanted to clear the last of what was owing on other priority debts and set up new insurances and broadband that would cost less but i had to put money up front. The upshot is i was in a position to offer them £150 a month compared to the £60 i origionally offered.

 

At the end of the day I am now getting nervous again. My son was diagonosed with type 1 diabetes at christmas and they are tummy bugs going round the school. If he gets this he has to go into hospital so I have been offereing Kensington more to try and stop eviction. Guess what Kensington dont give a toss.

 

How is this going to look in front of the judge. Twice in the space of months Is this really it.

 

I have been feeling brave the past couple of weeks but the date is now set for 13th May and now i am writing thisdown I am actually feeling scared again. I HATE THEM FOR MAKING PEOPLE FEEL LIKE THIS.

 

I ahev contacted a company called the National Asociation for Mortgage Victims. Has anybody heard of them. I am still with the FOS for the whole not telling me had PPI on the loan in the first palce so I thought I would contact the NAMV just waiting for a call back.

 

Sorry for going on. I feel really stupid for being back here in this situation.

 

When I fill out the N244 form can i use the same witness statement a before as that was written by shelter and that told the whole story about my three children being ill and then my husband having time off. It was really good.

 

HELP!!!!


Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

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Hi all. Its me again

As some of you are aware in Februaury Kensington wanted got an eviction date for us about our secured loan. We went to court and thanks to all the support I went armed with knowledge and encouragement.

We won. Kensington got a telling off.

 

We are also behind with our mortgage. So a couple of weeks after the court hearing( i needed time out to catch my breath) I wrote to Kensington making them an offer of payment. Stupidly i was so pleased with my letter that i wanted o post it straight away and as the post office was shut just put in the letter box instead of recorded. After a couple of weeks I hadnt had any reploy so I phoned Kensington to see whta was happening. Apparently they hadnt received my letter bit had applied for eviction again. I told them that I had written and made the offer over the phone again. The guy said that they would not accept it now as all they will accept is full arrears.

I wrote to them anyway sent it recorded and asked for the reply in writting. They did and still refused(at least i can show that to a judge). I made last months payment but have just phoned them again. Basicly told them that I will be paying late as I wanted to clear the last of what was owing on other priority debts and set up new insurances and broadband that would cost less but i had to put money up front. The upshot is i was in a position to offer them £150 a month compared to the £60 i origionally offered.

 

At the end of the day I am now getting nervous again. My son was diagonosed with type 1 diabetes at christmas and they are tummy bugs going round the school. If he gets this he has to go into hospital so I have been offereing Kensington more to try and stop eviction. Guess what Kensington dont give a toss.

 

How is this going to look in front of the judge. Twice in the space of months Is this really it.

 

I have been feeling brave the past couple of weeks but the date is now set for 13th May and now i am writing thisdown I am actually feeling scared again. I HATE THEM FOR MAKING PEOPLE FEEL LIKE THIS.

 

I ahev contacted a company called the National Asociation for Mortgage Victims. Has anybody heard of them. I am still with the FOS for the whole not telling me had PPI on the loan in the first palce so I thought I would contact the NAMV just waiting for a call back.

 

Sorry for going on. I feel really stupid for being back here in this situation.

 

When I fill out the N244 form can i use the same witness statement a before as that was written by shelter and that told the whole story about my three children being ill and then my husband having time off. It was really good.

 

HELP!!!!


Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

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I don't know what was on the statement last time as you say the lady from Shelter wrote it - has anything changed since then? payment arrangements etc? you have to give the judge an up to date situation so he can make his judgement.

 

Kind Regards

 

Ell-enn


Help us to keep on helping

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

 

 

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I don't know what was on the statement last time as you say the lady from Shelter wrote it - has anything changed since then? payment arrangements etc? you have to give the judge an up to date situation so he can make his judgement.

 

Kind Regards

 

Ell-enn


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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Hi Olive and I'm so sorry you are in a bad place again.

 

Please try not to feel bad or stupid, it's so easy to get into trouble, we've all done it in one way or another.

 

All the very best of luck for the 13th and also, we had 2 hearings within 11 months and got the eviction suspended again, all is not 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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Hi Olive and I'm so sorry you are in a bad place again.

 

Please try not to feel bad or stupid, it's so easy to get into trouble, we've all done it in one way or another.

 

All the very best of luck for the 13th and also, we had 2 hearings within 11 months and got the eviction suspended again, all is not 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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Hi Olive and I'm so sorry you are in a bad place again.

 

Please try not to feel bad or stupid, it's so easy to get into trouble, we've all done it in one way or another.

 

All the very best of luck for the 13th and also, we had 2 hearings within 11 months and got the eviction suspended again, all is not lost :)

 

Hi there again anaya,

Thankyou, I can always rely on you lot for kind words of encouraement(sorry about the spelling)

Ell-en has been fab as usual and helped me with the N244. Starting to pick up again. Will keep you all posted

 

Regards

Olives


Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

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Hi Olive and I'm so sorry you are in a bad place again.

 

Please try not to feel bad or stupid, it's so easy to get into trouble, we've all done it in one way or another.

 

All the very best of luck for the 13th and also, we had 2 hearings within 11 months and got the eviction suspended again, all is not lost :)

 

Hi there again anaya,

Thankyou, I can always rely on you lot for kind words of encouraement(sorry about the spelling)

Ell-en has been fab as usual and helped me with the N244. Starting to pick up again. Will keep you all posted

 

Regards

Olives


Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

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Hi Olive

 

Just want to wish you good luck :)

 

 

 

Tilly


 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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Hi Olive

 

Just want to wish you good luck :)

 

 

 

Tilly


 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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Thank you Tilly.

 

I have just been reading your post and I wish you all the best too. xx


Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

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Thank you Tilly.

 

I have just been reading your post and I wish you all the best too. xx


Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

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Hi all,

Without me going into too much detail as the "guests" who look at posts do worry me somewhat, I have a question for all you legally minded people.

 

I have been looking into my loan/mortgage comapny and comapring them with the latest consumer credit guidlines on the oft site.

 

Now i know that whatever problems I have these guys hast a hit a very raw nerve but for several reasons I really think I have got a case for "unfair relationships". Now I have a Eviction set for next week and a meeting with a consumer expert tomorrow. If he thinks I have a good case i will start court proceedings. My question is basicly will this stop eviction if i start court proceedings on Friday.

 

I dont think i can mention this when I have a eviction hearing as the eviction is for the Mortgage and the complaint I have is for the loan but the compalint does affect the mortgage as well. Sorry i know it is confusing.

 

Any advice would be great as I have just phoned community legal advise and they had to end the call as my hubby earns to much(typical)

 

Thanks

Olives


Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

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Hi all,

Without me going into too much detail as the "guests" who look at posts do worry me somewhat, I have a question for all you legally minded people.

 

I have been looking into my loan/mortgage comapny and comapring them with the latest consumer credit guidlines on the oft site.

 

Now i know that whatever problems I have these guys hast a hit a very raw nerve but for several reasons I really think I have got a case for "unfair relationships". Now I have a Eviction set for next week and a meeting with a consumer expert tomorrow. If he thinks I have a good case i will start court proceedings. My question is basicly will this stop eviction if i start court proceedings on Friday.

 

I dont think i can mention this when I have a eviction hearing as the eviction is for the Mortgage and the complaint I have is for the loan but the compalint does affect the mortgage as well. Sorry i know it is confusing.

 

Any advice would be great as I have just phoned community legal advise and they had to end the call as my hubby earns to much(typical)

 

Thanks

Olives


Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

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Are there any legal eagles out tonight xxx


Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

Share this post


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Are there any legal eagles out tonight xxx


Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

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the only thing that will stop the eviction is a order from the Judge or that kensington withdraw what was in your statement about your mortgage were the payments included in everything I would subtle sugest to the judge that you have ( if you have kept to the payment plan agreed by the other DJ and kensington were miffed that they were tolf off and they are trying to get your own back

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the only thing that will stop the eviction is a order from the Judge or that kensington withdraw what was in your statement about your mortgage were the payments included in everything I would subtle sugest to the judge that you have ( if you have kept to the payment plan agreed by the other DJ and kensington were miffed that they were tolf off and they are trying to get your own back

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Hi there, you need to get the eviction hearing out of the way before you can tackle anything else. The judge will only hear the case which is presented to him, the situation with the loan is a different matter.

 

When you have got the possession suspended (and I'm sure you will), you can then start your investigation into the management of your loan.

 

One thing at a time and you'll get there :)

 

Kind Regards

 

Ell-enn


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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Hi there, you need to get the eviction hearing out of the way before you can tackle anything else. The judge will only hear the case which is presented to him, the situation with the loan is a different matter.

 

When you have got the possession suspended (and I'm sure you will), you can then start your investigation into the management of your loan.

 

One thing at a time and you'll get there :)

 

Kind Regards

 

Ell-enn


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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the only thing that will stop the eviction is a order from the Judge or that kensington withdraw what was in your statement about your mortgage were the payments included in everything I would subtle sugest to the judge that you have ( if you have kept to the payment plan agreed by the other DJ and kensington were miffed that they were tolf off and they are trying to get your own back

Thanks, I hadnt thought of it as Kensington getting there own back.

 

Regards

Olives


Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

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