Kensington Mortgage Arrears & Claim back

[UnmoderatetheNet]

So write back and say in that case I will now be claiming the full amount of both the exit fees and all charges and admin fees, that you claim to be both fiar and proper.

 

Hiowever if you send this then you will have to follow through with a small claims or some other method

 

Thanks PG but thats what I did first time round, I thought we could actually get them to cough up something prior to court action but I suppose they don't want to hand me money to pay for the intial costs, that wouldn't be fair would it?

[MARTIN3030]

"Look lets do it like a pantomine, because it almost is:"

 

Yes the regulators have lots to answer for-and their incompetance knows no bounds.

They would actually struggle to get any pantomime part-and even if they did they wouldn't last 2 minutes....unless it was for a Benny Hill re-run.

[caro]

I got a letter back this morning after sending PG's letter, I'm at work but it basically it said, if you are not willing to accept this as a full and final payment and only as Interim payment then we are unwilling to send a cheque.

 

Hold on second they offerd me a refund on my exit fees now they are going back on this??? Can they do that? change there minds about paying out, how is that treating a customer fairly???

 

 

 

 

Thanks for the reply, but what the helll has F&F got to do with anything. Did you actually read my post?

 

Yes I did read your post and answered the parts highlighted.

[Tingy]

Hmmmm! Interesting! Now if I had a second mortgage with Kensington at that time and had to sell my house in order to pay the debts partly due to their ever increasing charges and refusal to co-operate even when asked by the CAB, do I have any redress after all this time? This is NOT a hypothetical situation.

[UnmoderatetheNet]

Could you PLEASE start a seperate thread for this because it def warrants attention, but is moving away f rom what this one about. Thanks

 

This is thread about the total lack of compliance Kensington have shown despite FSA fines. Mortgage arrears customers are still hit with £50 fees for what could be a true cost of pennies, there refusal to alter there fees structure only speeds up the process of repossionssions. Its easy to clock up an extra monthly payment in fees in just a few months, how does that help struggling home owners. Well it doesn't but it does turn a nice return for them righting a letter

 

I wish I could charge £50 for writing a letter, money for old rope

[Tingy]

I already have!

[Mr Worried]

He's behind you Ha Ha.

 

Mr W

 

 

 

Thanks for the reply, but what the helll has F&F got to do with anything. Did you actually read my post?

 

Look lets do it like a pantomine, because it almost is:

 

Big Bad Kensington: Yes we charged you an exit fee and we shouldn't have, ho ho ho, we are sorry if you hadn't of written to us we would have offered you a refund, honestly, boo hisss, we would honest.

 

Little old me: So I get an offer of £X. Great, but what about the rest of the unfair charges?

 

Big Bad Kensington: Oh we are not giving them back [more boos from the audience}

 

Little old me: Okay, I will accept your figure for exit fee but I am still going to take you to court for the rest of the unfair charges.

 

Big Bad Kensington: Well in that case you can't have the exit fee we initially offered you. BOOO, HISSS So there.

 

Little old me: But you already agreed to this,

 

Big Bad Kensington:Tough boo

 

Little old me: But that is legally not a condition it is just an intention of action, can you do that?

 

Big Bad Kensington:We can do anything we like because the fairy godmother the FSA is dead

 

Little old me: Who will help me now the FSA is useless set of toothless $%££***

[UnmoderatetheNet]

Maybe I'm getting confused here, should I asking the company that I'm compalining about for a breakdown of there legal fees if I am intending court action through the FOS Complaints procedure.

 

Thanks all

[rebel11]

Hi Unmod

 

When you take a matter to the FOS it doesn't cost you anything. The company in question pay the FOS a fee to look at your complaint. You are putting a complaint to the FOS, court action is a totally separate entity and nothing to do with the FOS.

 

The fee is around £450.

[UnmoderatetheNet]

I'm assuming thats if the compliant is upheld by the FOS.

 

If I understand this corretly why would the company in question allow me to take it to the FOS and NOT attempt to please me with a better offer, rather than fork out £450 and in this case still have to cough up fees i'm owed, because i have an excellent case?

 

This does not make financial sense for the company in question.

 

Are they stupid?

[harrassed senior]

In a word YES:lol:

[JonCris]

Cos the compliant will be rejected The OP should complain to the SRA not FOS

[UnmoderatetheNet]

I noticed two charges applied when I wasn't living at the address, I wouldn't have let them in anyway. Would have hurled abuse at them for a good ten minutes then slammed the door.

 

Anyway, a respected poster (can't remember who) wrote they are NOT allowed to make this charge but they do.

 

Does anyone have a legal back up for this statement.

 

Does the OFT allow mortgages companies to charge for field visits and if so what do they consider the fee should be applied?

[spamheed]

If the charges are not laid out in the terms and conditions of the agreement, then they cannot apply that charge, phrases included in the T&C which refer to generic charges would be unfair as the amount and purpose of any charge which can be applied must be laid out clearly in the T&C

[Tingy]

Who is the mortgage company?

[Ell-enn]

If you did not agree to see the field agent then you should not be charged for their visit. There is supposed to be a "dialogue" between you and the lender, whereby they offer the service of a field agent to establish affordability, but you do have the right to refuse due to there being a charge for it.

 

Lenders do this in order to claim they have made an effort to "help" you - how they justify charging for it is beyond me!

[Tingy]

If you did not agree to see the field agent then you should not be charged for their visit. There is supposed to be a "dialogue" between you and the lender, whereby they offer the service of a field agent to establish affordability, but you do have the right to refuse due to there being a charge for it.

 

Lenders do this in order to claim they have made an effort to "help" you - how they justify charging for it is beyond me!

 

And that's a thread in itself. What you agree with a field agent and what gets fed back to the company they represent. Hmmmm!

[Ell-enn]

And that's a thread in itself. What you agree with a field agent and what gets fed back to the company they represent. Hmmmm!

 

Abosolutely, I know of cases where the lender has taken no notice of what the field agent has recommended as affordable payments. Also, there have been instances of field agents "adjusting" people's income and expenditure to make things look as if they can afford larger payments.

 

The whole field agent/advisor scheme is a load of bluff used in the hope that courts will look on the practice as adherence to the pre-action protocols.

[Tingy]

I couldn't agree more!

[Ell-enn]

I always advise op's to write to the lender stating that they did not agree to see the field agent and therefore require the fee to be removed. The letter can then be included in their defence of repossession.

[sillygirl1]

The field agent who visited me on my old GMAC mortgage lied about my income, and lied about my outgoings, he said I had £150 a month clothes allowance, if you saw my wardrobe you would know I don't spend that on clothes in 3 months - let alone on the wardrobe itself.

 

He also said I had a car and associated costs, as I havern't got a driving licence and dont drive it was a downrright lie.

 

These people are only looking to see if you 'live beyond your means' and have large plasma tvs in each room, expensive IT stuff etc etc.

 

You are not even allowed to see their report - in which case why are they charging you for something you can't make use of anyway?

 

Claim those fees back

[UnmoderatetheNet]

Why will a claim against unfair mortgage fees in particular be rejected by FOS?

 

Especially as OFT agree charging £50 is excessive?

[UnmoderatetheNet]

When i say court action I mean me taking this xxxxx to court.

I’ve been on CAG sometime I mostly help out/post on the Debt forum and despite numerous threats by DCA’s over the years I’ve never once stepped into a courtroom or had to defend court action.

Kensington mortgages xxxxxx me blind with Direct debit charges and admin fees at a time when I was struggling, the final bill goes into the hundreds, £50 admin charge is NOT acceptable.

I tried to reason with them but they only want to refund my exit charge.

So now its time I took action.

All this N1 and small claims stuff is confusing, I read some sticky’s and posts and now i’m more confused than ever.

What is the first few steps in making a claim against a mortgage company for unfair fees after letter writing has failed?

Please make this idiot proof.8)

...and I’d be interested if anybody has been successful against mortgages companies.

Thanks

[rebel11]

Hi Mod

 

There is no need to supersize font, it makes it difficult to read. The word 'Robbed' / '****' has been edited.

 

Heres the info you require:- http://www.moneysavingexpert.com/news/mortgages/2010/04/kensington-mortgages-to-refund-1-million--in-unfair-arrears-fees

[sillygirl1]

Don't do a small claim, it won't work and can land you with massive expenses.

 

Go to the OFT Website and print off the press release where they said Kensington had to refund fees, do a Letter of Intent to them and ask for the fees back, if they refuse or offer part fees then go to the OFT and complain and copy in Kensington. Then if Kensington still refuse go to the FOS.