Jump to content


  • Tweets

  • Posts

    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
  • 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
      • 160 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 Mortgage Arrears & Claim back


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4810 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

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

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Link to post
Share on other sites

  • Replies 78
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Link to post
Share on other sites

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.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

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.

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Link to post
Share on other sites

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????

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Link to post
Share on other sites

sorry don't understand

 

you can use your local court or go to the fos

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

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????

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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 - ****

Regards..Mr Worried :)

Link to post
Share on other sites

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

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Link to post
Share on other sites

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.

Link to post
Share on other sites

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???

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Link to post
Share on other sites

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.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

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.............

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Link to post
Share on other sites

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 $%££***

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...