Kensington Mortgage Arrears & Claim back

[UnmoderatetheNet]

I've posted in banking but nobody is helping.

 

My mortgage company have only agrred to pay the exit fee NOT the failed DD charges and admin fees.

 

This amount is almost a grand that the swines stole from and made my life even worse.

 

I been searching for the posts of people who took on MORTGAGES fees but can't find them????

 

I don't have a English Address, so is the FOS the only option for me, anyone have experience getting fees back using FOS.

 

A big thank you to anyone who can help, I helped hundreds of folk and really need this one

[UnmoderatetheNet]

I'm gearing up for getting my mortgages fees back from a company that has already been fined for this.

 

I don't have an English address is the FOS the only option for court action.

 

Thanks

[harrassed senior]

Hi, sorry I cannot help, but this will give you a

[maroondevo52]

Hi,

 

Sorry, I'm not too clued up on Mortgage Fee's, but here's a thread on them, have a look in that Forum.............................

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?280085-Recliaming-mortgage-fees

 

 

Regards.

 

Scott.

[UnmoderatetheNet]

Thanks, I can't believe nobody has done this Kensington were fined several million only 6 months ago for charging customers £50 a pop when the true cost was probabaly pennies.

[PGH7447]

I did it on a second mortgage and just wrote and laid out the excess charges and would they be so kind as to pay them back, which to my suprise they did

[UnmoderatetheNet]

I did it on a second mortgage and just wrote and laid out the excess charges and would they be so kind as to pay them back, which to my suprise they did

 

Thanks for the PG, unfortunately they haven't and pretty much told me to p*ss off, take us to court.

 

As you're such a wiz with letters I'm looking to write back to them accepting there poxy amount as a interim payment rather than a accepting this as a final amount, I still want to drag this **** over the legal coals and watch them bottle at the very final hurled and settle.

 

Its important I draft the letter accepting the interim but not as and end to the matter, anything up the old PGH7447 sleeve for that one????

[PGH7447]

Dear Sir Pondlife

 

In response to your letter dated xxx offering to refund the exit fee as a full and final offer to my request that you refund all charges applied to this account, please be advised that although I am wiling to accept the refund of the exit fee, this in no way negates my demands that all unfair charges and admin fees be returned.

 

If you consider these admin fees and charges to be fair and right then I request that you respond by retuirn outlining firstly the breakdown of what the admin fee covered and secondly how you arrived at the figure of £xx for your charges.

 

If you fail to repond to these requests then that would indicate that these fees and charges are excessive and I therefore request that they are refunded in full.

 

I await your response.

[UnmoderatetheNet]

Thanks PG knew I could rely on you, just need to sort out the rest of thel Fees, I remember a thread on here where a member took on Halifax mortgage admin and failed DD charges, wish I could find it becuase if I remember they took all the way then did the usual settle out of court

[IdaInFife]

sorry don't understand

 

you can use your local court or go to the fos

[UnmoderatetheNet]

yeh sorry about that.

 

I live in scotland, mortgage was in England. If I was resident in England, simply a case of submitting claim form, then waiting for them to cough up unfair fees before it gets to the point where they have to explain unfair costs.

 

I can't submit a samll claim in scotland because I know sod all about scottish law and the property was in england. Using the FOS seems the only option.

 

In this scenario would this be correct????

[seriously fed up]

If you are looking for small claims forms then you can get them here http://www.scotcourts.gov.uk/sheriff/small_claims/forms.asp - I would guess you would want 1b. Filling it out is not difficult - most of it is bureaucratic guff - who are you/ where do you stay/ who are the other side etc. Hard bit is s7 - details of claim. Without prejudice as they say here is a copy of mine looking for repayment of fees from a card company (so not quite the same but similar).

The Pursuer (my name) has held a (type of) account with the defendant since (date the account number being xxxxxxxxxxxxxxxxxxxxx. The Defender deducted from the account various amounts of money in unfair charges during the period (first time) to (last time). These were in respect of 'charges as notified' (levied if a cheque payment was late or was returned; or because the credit limit on the account had been exceeded) The Pursuer contends that these charges were legally unenforceable and therefore the Pursuer is demanding repayment of them. The Defender has refused full payment of these monies due.

No admissions are made by the Pursuer as to the incorporation of any term into the contract between the Pursuer and the Defender purporting to entitle the Defender to levy unfair charges. If the Defender is able to establish that the contract did contain these terms, the Pursuer will contend that these charges are unenforceable by law, being unfair charges designed to penalise the Pursuer for breach of contract and to generate profit for the defendant for the actual loss occurring to the Defender rather than being liquidated damages designed to compensate the defendant for the actual loss occurring to the Defender as a result of the breach.

The Pursuer claims from the Defender a sum equivalent to the amount unlawfully debited from the Pursuers account from first date to last date. The sums are in the attached schedule. The contractual provisions that permit the Defender to levy such charges are unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), and the Unfair Contract Terms Act (1977)

 

The Civil Jurisdiction and Judgements Act 1982 allows you - as a consumer - to sue a company either in their local court, or your local court, at your option (they can only sue you at your local court). So there is no reason not to raise the action in Scotland. Yes England has a nice online system, which is fine if they fold, BUT it would mean going down there to represent yourself (or paying someone to do this for you) if they defend. But in any event no legal reason not to sue in Scotland.

Hope that helps

[Pathway]

Who is your mortgage with?

 

I challenged mine a couple of years ago - with a complaint to FOS - lender then wanted to deal direct with me - and credited back all fees as gesture of goodwill!

 

If I remember correctly the FOS challenged several lenders re arrears fees, dd reject fees etc and they agreed a settlement.

 

Hope this helps - think uve got to get FOS involved.

[Seminole]

I did this 4 years ago. Southern Pacific paid out shortly after they received my county court claim and it was never tested in court.

 

Some people have been badly buned here by going after early redemption penalties but you have a reasonable argument over bounced transaction fees. I'm not sure how the HofL judgement would impact though. My claim was based on the assertion that the fees were a penalty and disproportionate to the cost incurred by the mortgage company. In retrospect I'm not entirely convinced by my own argument as SPML were a fairly small lender and I think they could probably have produced a costing showing that their costs were pretty close to the charges. This wouldn't be the case for one of the bigger lenders.

 

Very late in the day I also came across a clause in my mortgage terms and conditions that appeared to allow the lender to circumvent the small claims costs rules. It said that any costs incurred by them in any litigation with the customer could be loaded onto the customer's account. I doubt if it would have stood up in court but it shows what you are dealing with at the fag end of the mortgage market.

[PGH7447]

southern pacific, arnt they now part of the capstone group who are going after repossesions like nobody business

[Seminole]

southern pacific, arnt they now part of the capstone group who are going after repossesions like nobody business

 

They were part of Lehman Brothers but they also has links to Capstone. When Lehman went kaput I guess they sold the loan book (and possibly the company on). SPML had/ has a simple business model- offer mortgages with a view to extorting crippling interest and fees or repossession at the maximim possible cost to the borrower.

[PGH7447]

yeah been reading about these people on moneyexpert, seems that they refuse to believe you have house insurance and sell you theirs at a ridicula price and then when you stop paying it they had the fees to your mortgage

 

one word - ****

[Mr Worried]

Future Mortgages do that too??

 

Mr W

 

 

 

yeah been reading about these people on moneyexpert, seems that they refuse to believe you have house insurance and sell you theirs at a ridicula price and then when you stop paying it they had the fees to your mortgage

 

one word - ****

[UnmoderatetheNet]

Are you abcolutley sure about this because according to this thread you NEED an English address for correspondence.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?16987

[seriously fed up]

yes I am sure, but I think we have crossed wires here - my fault for not being clear. What I was trying to do for the OP in my post was to encourage to raise his case in Scotland IN A SCOTTISH COURT. That would be in his local court in Scotland so he would have an address for that.

As for using the online English system, I am really not sure. I think I have read threads besides the one you cite suggesting the need for an English address to make use of it. But

 

1. I have dim memory that this requirement has changed in the last year or so, so that an English address isnt needed any more
   
2. as I said in the post, if you use this system and the other side defends you would have to go down to put your case to THEIR local court. In my view, its much better to get them up to Scotland, to a jurisdiction they probably dont understand and where - at the margin - they might be more likely to give up than deal with the complexities.
   

[UnmoderatetheNet]

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???

 

oh and guess what no explainaition why £50 charge is a fair charge no breakdown no explanaition just ignored my question altogether, surprise, surprise.

 

So what now???

[caro]

They made you an offer but don't have to accept any conditions that you want to attach to it. This is why you need to be very careful about accepting F&F offers.

[UnmoderatetheNet]

Kensington Mortgages got fined by FSA this year for excessive charges.

 

http://www.guardian.co.uk/money/2010/apr/12/fsa-kensington-mortgages-fine

 

'When applying the fine the FSA said it had taken into account the fact that Kensington had made significant improvements to its arrears and repossession processes since the early part of 2008.'

 

Has it?????

 

Why are they still charging customers £50 a time. Does the FSA mean nothing to these people?

 

Business as usual I see, who will rid us of these excessive charges?

 

People already suffering hardship and in arrears with mortgage DEBT handed £100 a month FEES when you include failed DD fees..

 

AND WHERE IS THE BREAKDOWN OF COST TO KENSINGTON?

 

Have you seen it becauae I know I haven't, neither has any court in the country for that matter the only people who know how much it truly costs to bounce a DD is Kensington and they seem tight lipped on the matter.

 

Come on kensington how much does it cost, 15p, £2.50, £4.69.............

[PGH7447]

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

[UnmoderatetheNet]

They made you an offer but don't have to accept any conditions that you want to attach to it. This is why you need to be very careful about accepting F&F offers.

 

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 $%££***