Kensington v angnnig

[Ell-enn]

Hi there, have you added up all the charges on the statements? you can't include the interest on the arrears (that is payable) or the solicitor's fees. You can however request a breakdown of how the solicitors costs have been calculated - if you are to pay the bill then you have a right to know exactly what you are paying for.

 

You can only write and ask for the charges to be refunded I have affixed a template letter.

 

Remember to send by recorded delivery and keep a copy for your records.

Mortgages Charges letter.doc

[angnnig]

sorry i misread your message before ,about not bieng able to claim the interest on arrears charges.Could you please resend the letter in pdf format as it is not showing.Thankyou for your help ,regards angnnig

[Ell-enn]

I don't have the letter in pdf format but have copied it below:

........................................................................................................Your Address

 

 

Date:

 

Lender’s Address

 

 

 

Dear Sirs,

 

ACCOUNT NUMBER: XXXXXXXXXX

I am writing to ask you to refund the charges which you charged to my account in respect of late payment fees to the sum of £ XXXX.

Your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under Schedule 2 of the said Regulations which provide an indicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation. I would vigorously contend that this is the position regarding the fees which you deemed fit to apply to my account.

I would like to bring your attention to the following statement by The Office of Fair Trading:

 

"A term in a mortgage agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations.

 

I believe that the charges you have levied of £XXXX far exceed any true cost to yourself as a result of our breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of our breaches, in order to reassure us that your charges really do reflect your costs.

 

Thus I am asking that you refund the charges and other fees which have been levied on my account. If you do not respond, or you do not respond positively, within the time limits set out in your official complaints procedure I will enter a formal complaint to the Financial Ombudsman Service. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

 

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

Yours faithfully,

xxxxxx

[angnnig]

Thanks again Ell-enn,All the best for the new year regards angnnig

[angnnig]

Hi Ell-enn I have recently been through the FOS route with SPML. and the fos sided with SPML ,i have done a letter to disagree with the FOS, decision,could i please send it to you before i send it off to the FOS ,thank. kind regards angnnig

[Elliebes]

Hi just popped on this forum and noticed your battle with Kensington Mortgages. Five years ago I was bullied and harassed out of my house by these people. they juggle figures they avoid talking to you they mix things up they also bulldoze repossession orders through. I fell into arrears by two months and in the time the CAB were trying to get KM to consent to my changing to a interest only payment from capital repayment they tricked me into owing the third month so they could bulldoze their repossession order through and even denied Id paid that month on a date THEY SPECIFIED. These people are ruthless lenders and they will come hell or high water try to get your house. My advice is sell it out from under them. I sold my house out from under them on the internet. But I had to pay back a HUGE chunk of money as my mortgage had risen from 37 thousand to nearly 45 thousand. How do they base that on owing three months mortgage i will never know. They are ruthless tricksters. Sorry if my post is not helpful but this was my experience with them. I cannot believe they are still at it.

[Elliebes]

Is it possible I may have a case ?

[lesterlass]

Hi again,I am about to calculate all the charges from the statements that i have got from kensington.I know that i can include the £50 monthly arrears figure in my list of unfair charges but not sure i can include "compound interest on arrears ",agents costs",counsellors costs and "notice of default charges" Thanks regards angnnig

 

Hi angnnig,

 

I also have a mortgage with Kensington and have tried to get monthly arrears charges back (£50.00). I wish you all the luck.....I have had no luck so far and the FSA DID NOT fine Kensington for unfair monthly charges GOD KNOWS WHY?? they now do not charge the £50.00 fee if you have an arrangement in place.

 

Here is what the FSA charged Kensington for.

 

The FSA has identified a number of serious failings by Kensington which occurred between 1 January 2007 and 31 October 2008 in relation to its mortgage arrears handling processes and in its dealings with customers in arrears.

 

These include:

 

Failing to ensure mortgage servicing staff acting on its behalf had adequate understanding of treating mortgage arrears customers fairly;

Concentrating on the repayment of mortgage arrears over a short period of time rather than agreeing an arrangement to pay the arrears based on the customer's individual circumstances;

Applying three charges to customers' accounts that were unfair and/or excessive. These were:

 

A fee for a returned direct debit which was charged regardless of how many times the direct debit had already been returned unpaid;

An excessive fee for cancelled direct debits which did not reflect administrative costs;

An early repayment charge on mortgage balances which included arrears fees and charges within that balance.

 

I hop you beat them.....we may all get money back then

 

Kensington are legalised loan sharks LL

[Elliebes]

Yes good luck.....when I was living abroad I actually met someone who had unfair treatment from Kensington....there are a lot of us about....

[angnnig]

Hi thanks for your replies,its good to know were not alone in all this even though we seem to be forever battling with these bullies.We have been on to them and they still want to go ahead with court and try and take our house of us.We now have the court papers through and think we may need help filling those out.We explained to kensington the reasons that we fell behind on the payments and even wrote to them but they wont listen.regards angnnig

[Elliebes]

When I went to court they got me there anyway and the CAB were about as useful as a chocolate fireguard they just sat there and said nothing. The Judge said during the proceedings if I dont give this lady a repossession order then Kensington Mortgages wont pay me..yes honestly thats what he said.............I wasnt even allowed to present my case. It was just a straight in and out and an order for repossession....so be warned. Something weird is going on who the hell are these people and how much power do they actually have?

[Ell-enn]

Is it a claim for possession you have received angnnig? if so you will need to complete the N11M defence form you should have got with the claim pack (I can help you with that). What date is the hearing?

[angnnig]

Hi Ellen ,Thanks for your offer of help.It is a claim for possession and I have the N11M defence form here .regards angnnig

[Ell-enn]

What date is the hearing?

[angnnig]

Oh yes sorry, the date of the hearing is the 24th of this month.regards angnnig

Edited January 12, 2011 by angnnig

[angnnig]

Hi i have now calculated all the monthly arrears fees ,agents costs and councillors fees and notice of default fees and it comes to £1,376.76.Kensington say i owe £5,180.47 which includes these charges.regards angnnig

[angnnig]

There are more charges that they owe us as, kensington took us to court for eviction in 2008,we managed to get help of loans from family members to pay the arrears off that time.so thier must have been charges in those arrears also ,We haven,t got the statements going back that far.

[smith79]

hi i currently have mortgage with kensington and i am in simalr situation to yurself i had a letter stating aapplying for repossesion and now i got the eviction date through for this month i fell into arrears due to me been ill they have applied over £6000 in fees from the dya i took my mortgage i have tried every to stop this so far nothing i put an n244 forn in to the courts to allow more time for me to find somewhere for myself and four children to live i am currently in middle of claimimg for a missold mortgage with the lender.

i also noticed they have been fined in 12 april 2010 for unfair fee and treatnig customers in arrears unfair i have written to the fsa myself put in a complaint about the company just waiting t o see if they can help

[newstarter]

Hey mr Smith some more details please we may be able to help you with this,when is the eviction date,as much detail as possible please.

[newstarter]

pm me if you need to and start a new thread.

[smith79]

the eviction date is 20th january 2011 next thrusday at 12pm

[smith79]

they say i owe £15,245 in arrears

[newstarter]

right go into repossession main forum and start a new thread and we can sort this out.

[Elliebes]

Like I said my mortgage was 37,000 and rose to owing them 45,000. Smith79 can you post the details of who you complained to at the FSA I might see if I can get any compo for my situation 5 years ago as I still have a lot of documentation.

[angnnig]

Hi Ellen ,thanks for your offer of help with filling the defence form in, kind regards angnnig