Kensington v angnnig

[Fielder]

Thanks Tingy, can you please define what an SAR is? I have looked online and on CAG but....

[Tingy]

Thanks Tingy, can you please define what an SAR is? I have looked online and on CAG but....

 

SAR is a Subject Access Request. You send it with £10 postal order and they then have 40 calendar in which to send you absolutely everything they hold about you. Here's the one I sent to Kensington:

 

Address

21 December 2010

Dear Sir/Madam

Data Protection Act 1998 Subject Access Request

Your Ref: A/c No. 12345678

Please would you kindly provide full and complete copies of any and all data you hold which relates to me and my entire history with your company. I have enclosed the statutory maximum of £10. I am aware you need to satisfied of my identity. My DOB is xx.xx.1964, my wife’s DOB is xx.xx.1954 and communication was always sent to this address. I am advised by my solicitor that this should be sufficient in the circumstances.

 

For the avoidance of doubt, take note that the enclosed cheque/Postal Order is payment for the fee relating to my Subject Access Request only and not a payment of any other kind or to be used for any other purpose. If you do not require a fee in order to process my Subject Access Request then kindly return or destroy my cheque / PO.

 

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I may have had or may still have with your company, in particular number 9.

 

1. Computer screen notes relating to the conduct of my account.

2. Computer screen notes relating to transactions that have gone through my account.

3. Internal messages or notes relating to the conduct of my account.

4. Internal messages or notes relating to transactions that have gone through my account.

5. Recordings of any telephone conversations, whether internal or external, relating to my account.

6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account.

7. Copies of letters relating to my account.

8. All information relating to litigation or pre-litigation that has taken place on my account.

9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item.

10. Copies of all reviews conducted relating to my account.

11. Copies of all other paperwork relating to my account.

12. Copies of any and all documentation issued to me or left at my property regarding my account.

I trust that the above is clear and should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel.

 

As detailed above I have enclosed the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one to which all previous correspondence has been issued.

Yours faithfully,

Mr and Mrs Tingy

(Under DPA 1998 no signature is required for this request)

 

 

 

 

[Fielder]

Thanks Tingy, fortunately I have kept all my letters and statements from them. Maybe I knew one day I could try to get the overcharges back!

[42man]

Have you read this fielder - http://www.consumeractiongroup.co.uk/forum/showthread.php?296126-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

[Elliebes]

I cannot BELIEVE that this company Kensington Mortgages is still ****ting people around.........why are they still being allowed to trade after the fSA fining them X amount of pounds for their behaviour.??

[angnnig]

Kensington have sent us statements to proof the solicitors costs ,they sent a copy of the invoice from there solicitors ,so I dont think there,s anything more we can do unfortnuatly.regards angnnig

[smith79]

hi yes they can do that but be careful has they have done that too me and tried to take my house from myself but i went to the fsa direct and complained to them in which they are sortin things who iam myself i am digraced at how kensington are acting towards people ther for you or any one who is having trouble with kensington mortgage weather its arrear possesion etc please email me about this has i am currently trying get get people to come forward as many has possible them we can all make a stand agianst them has kensington was fined in april last year and they still not going by the correct regulations if we all stand toghrther and the more complaints kensington will have to be investigated by the fsa so please email with what details they is and what they have done to you i will help with things your not sure about thanks my email address will be added shortly

[Elliebes]

I'd be very reluctant to do something like this because call me paranoid but some guy did this to me six years ago in the guise of help saying he was going to take KM through every court in the land etc so like a gullible desperate fool I let this guy befriend me and then I gave him all kinds of information then he disappeared off the face of the earth............KM have got tentacles everywhere even into national debt line. They are sneaky liars and cheats in how they get information about you. So Im sorry mate but you wont be getting my email address.

[Elliebes]

I forgot to say KM spies lurk on these kind of webistes. That bloke who contacted me did it from the UK Reposessions website. Always best to stick with one of the qualified advisors on these threads.

[Fielder]

Yes I have and I have written the letter to them. The reply stated that it was my fault for signing and taking the mortgage with them in the first place.

I am not sure how to proceed now. I am tempted to go to the court and just see what happens.

Any ideas?

[Tingy]

Sorry for the delay in replying. I cannot get internet access much at the moment as I'm in an area with poor mobile reception. Just picked this up though. Firstly have you asked for their Complaints Procedure? You need to exhaust that avenue to ensure you have credibility if it goes to court. I haven't re-read the entire post, but have you analysed all your charges and looked at how they stand against the judgment that was made against them? If you could list charges you've had and what they were for, we'd be better placed to advise on what can and what can't be contested and how best to do that.

 

Don' think I'm ignoring you if I don't appear for a week or two - reception here is dreadful so it is very rare I get chance to try to get on line, and when I get chance I usually have no reception.

[hiram]

Hello, I had a mortgage with Kensington from 1998 to 2002. I would love to get back the ridiculously high charges they stole from me.

Does anyone know if it is possible for me to claim these charges?

 

Hello there, I had mortgage with Kensington from 1999 to 2004. I wrote to them telling them I want all the unfair, unlawful, arrears charge paid back to me plus the costs for visits I never agreed to and all direct debit charges. I threatend them with court action within 14 days from receipt of my letter if they didnot respond. I received a letter back within 7 days saying how sorry they are ect and will look into my complaint. Well got letter back a week later with an offer of £1385, plus 8% interest. The letter said they would defend their claim if I did not except their offer. Well I want £3500. This is what they stole from me in charges and I want it back I suffered enough with this company and they will pay for what I went through. So if you need help I wiil try help you. Hiram

[Fielder]

Thanks for the offer of help Hiram. The trouble I havr with Kensington is I did not have any chatges on my account, but they charged me 3% extra interest over and above the current rate at the time.

I am hoping to get back this amount.

I wrote to them asking for it, but they said it was my fault for signing up to the mortgage and that it was my fault.

Any ideas?

[42man]

"but they charged me 3% extra interest over and above the current rate at the time."

 

Do you mean they charged you 3% more than what was written on your agreement ? Or did they change the interest on your loan without notifying you ?

[Tingy]

I think he means he was charged what he'd agreed to on his contract which was 3% higher than say Abbey or Halifax were charging at the time. Sadly this is the price you pay for going with a sub prime lender and in my opinion I think thre is very little chance of you getting this money back,

[42man]

I agree Tingy.....if they had charged you 3% more than the rate on the signed agreement (and provided your interest rate wasn't variable) then it would be unenforceable - http://www.consumeractiongroup.co.uk/forum/showthread.php?169592

[angnnig]

Hi all,Kensington have gone for eviction again.We have fell into arrears on the repposession order of the secured loan and so sick of fighting, trying keep up with the payments on the mortgage and second mortgage and everything going wrong financialy,we admit defeat and are just going to let them take the house,We can no longer afford to stay here so have put our names on the council register.They have give an eviction date the 13th feb,We just need help in filling the n244 form out to ask for more time to leave as we need to save up to get a deposit for a private rent, just in case there are no council houses available.Any replies appriciated.kind regards angnnig

Edited February 7, 2013 by angnnig

[angnnig]

Hi all, We are being evicted from our home on the 13th march and wondering if its worth asking the court for more time to try and sell the house so that we can try and avoid bankruptcy.Does anyone know of any genuine house buyers out there.kind regards angnnig

[northernbloke]

From what I gather, these "we buy your house" companies only give you 60% or so of the market value, which is fair enough I suppose seeing as they want to make a profit. Re. private deposit, you can get a loan for this from the Social Fund, so it would be worth a phone call.

[angnnig]

Thanks for your reply northern.Regards angnnig