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    • you need to remove the image above, prperly redact your VRN and the PCN number, before reposting.
    • You certainly could join Santander as a co-defendant although of course that would complicate things and cause additional delays and maybe expenses that they might asked the court to recompense in the circumstances. I'm also a bit concerned that the "reservation fee" was refundable – and in fact was refunded because this would tend to suggest that this was not part of the contract price and therefore the contract was only made when he eventually saw the car and paid the money for it. Had the reservation fee been taken to have been part of the price you are paying for the car, then I think that point would have been slamdunk and there will be no problem saying that the contract was made on payment of that fee. I think this is a point which may cause you trouble. They will do their best to say that the contract was made after you had had an opportunity to see the car. I think that although you should stick by your guns that the contract was made at a distance, you had better prepare all your arguments on the basis that the contract was made when you collected the car. Can you confirm that you bought this vehicle as a personal vehicle and not for any business purposes     Also, what is your professional background? Do you have any expertise or particular knowledge of vehicles, their systems and their mechanics?
    • Well, that was interesting. They arrived first thing this morning and started loading up a few loose poles. I went out happy to see them and thanked him for being early. His reply was a bolshy request for another £80. I refused. He got angry saying along the lines of,  "I don't work for nothing, time is money". I stayed calm and said he was paid in advance to install and remove and I had paid him the price in advance. He argued he had to come back 8 weeks ago to do a small amount of work for the builder (who needed a few poles and planks moved to get to some pointing). I replied that he hadn't mentioned a cost for this at the time or asked for payment then. No bill in the post has requested payment and no mention of it in the trail of texting. He got argumentative and said he would not take the scaffolding down unless I paid him,  and he started to pack up the lorry, as if to leave. I said any extra charges would balance a cost that I would apply for storage and that he really should just take away the scaffolding as he promised 3 times in the past month and that it really should have gone a month ago and I wasn't prepared to act as free storage.  I said again he had been paid to do it, and this was what I expected him to do today and if he didn't remove it I would reinforce my position that I would assume, if the scaffolding was still here by the end of today, he was abandoning it and things would have to get legal. He mentioned how he didn't respond to threats.   Then in quite a mood, he started (with a colleague) to remove the planks etc so I just left them to it. After 30 minutes of work they sat in their cab  with the engine running, which lasted 10 minutes and have just now, driven off. Nothing further was said.  The scaffolding poles are still up  (all the planks, the ladder and the loose stuff, ie anything I could easily move, has gone) .   This happened 20 minutes ago. My initial thoughts are not to respond and wait for his next move. I expect this might be a text later today, or I might hear nothing and he doesn't come back until he needs the poles. I am really tempted to get them removed by another firm (although I doubt another firm would want to be involved), but this would cost way more than £80 and seems disingenuous to pay out more money to escalate an argument rather than to have been forced to pay more. I believe it would be illegal for me to take them down myself as I am not certified.     Thing is , we were looking forward to tidying up outside and being able to open the bifolds. But I have a feeling the scaffolding might be here to stay for a few weeks or months yet.      
    • Hi Mediation did not resolve the issue.  Should i join Santandar as a co-defendant before it goes to a hearing or would it be a new claim?   Thanks
    • Ok thank you for the response and links, those were useful.😀   So the wording and registration of a Final Charging Order with HM Land Registry is just a scam and these are actually restriction K's because they are sole debts against a jointly owned property. Is that correct?   For 100% clarity are these Final Charging Orders as worded by the Court and Land Registry or restriction k's?   The next step then is to read the wording of the Final Charging Orders/restrictions K's (?) as that seems to be a key element.   I know if I was buying this house I would want the charges/restrictions removed before or at completion of the sale. I don't have the funds to settle prior to completion.   Order for Sale X 2. I went to court for the hearings and agreed a small monthly repayment. If I had not attended then they would have been granted an order for sale, at least that was the advice I was getting.   Selling & Debts: We are selling because we cannot see getting past the next 3 years of mortgage payments, which will lead to a repossession order from the mortgage provider. If we sell and I can arrange a settlement with the vultures we can downsize and be mortgage free and debt free. Our current debt levels are low and manageable for now. These will be cleared in full when we sell and downsize, provided I can negotiate a settlement of around 60%   Advice and assistance appreciated. TIA
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kensington mppi broker broker gone bust help needed


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Hi I have a mortgage with Kensington taken out in SEPT 2004 arranged by TML (gone bust) at the time they were owned by Kensington. I believe it was mis sold anyway as my partner was self employed, the policy was single payment for 3 years.

 

I have spoken with Kensington stating that I as they had the payment they are responsible. They say they are not (NO SUPRISE THERE!!!). They are calling the PPI ASU and have wrote me a letter advising me to contact FSCS - but we are not covered by them.

 

I have contacted the FOS who will look into but that will be long winded.

 

Anyone have any advice please

Many thanks

LL:eek:

Edited by lesterlass
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wrong

whom ever sold you the mortgage ARE responsible!

 

 

utter bull!

 

why wont fscs cover you?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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write back to ken

stating they sold you the mortgage and they are responible for the ppi

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

You could ring the FOS just as a general phone query (although they will not be able to take it on against a dissolved broker), but they do come out with suggestions as well, on other avenues to take in order to try to reclaim your money.

contact us

 

On one of mine, being in the same situation (not MPPI but loan PPI), the business went bust and the FSCS were not able to deal with this either as they were not regulated as such, but the FOS suggested another way is to try through the actual "insurer/underwriter", even though I did end up pursuing the insurer they would not accept liability, but the FOS are able to deal with them.

 

Good luck.

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just write back telling them so!

 

they are just calling your bluff, and prob laughing at you too!

 

you need to do these things in writing & be sure of what you are after.

 

if you have all you payment records you also need to do a spread sheet detailing exactly what you want them to repay and how you calculated it.

 

 

see 'notes for claimants' stickie on the ppi forum homepage.

 

or read some other threads

the more you read the stronger you become

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi lesterlass:)

 

Thanks for the PM - sorry I've been busy painting a ceiling!

 

Once again I'm afraid I don't really know what to advise here as I haven't had any dealings with brokers who are no longer trading and I wasn't aware about the FSCS not covering complaints before October 2005.

 

You seem to have had good advice already from dx, di0430 etc - have you done as dx suggested and written back to Kensingtons with a list of all you are reclaiming in the way of PPI?

 

You must let them see that they can't brow-beat you over this - these companies just hope that we will roll over and back down once they have said they can't help, but we have to come back fighting as I know you are aware ;)

 

In my own PPI complaint (against our mutual friends Swift and the broker Norton Finance) the broker provided a recording of the call during which the PPI was sold to us, which I could so easily have taken as evidence that my claim would not succeed - indeed they kept harping on about how this was proof they had acted in accordance with the guidelines etc etc - but I was determined to fight tooth and nail to prove the mis-sale.

 

There are definitely other cases such as di's where Caggers have gone for the underwriter/insurer if the broker is no longer trading and as di said the FOS may then be able to assist - all avenues need to be explored!

 

Sorry I haven't been of much help,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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