Repossesion Set For 11am 6th April Any Help Please.

[sponderela]

Well of course!! you have to explain to the judge what the objections are. You have to show the judge the FSA rulings and their decisions. You have to explain to the judge why he should accept that they have broken the law in the way that they have dealt with your business.

 

Did you think that you were going there for a chat and a cup of tea?

 

Thanks that made me laugh, i have attatched that info ect to the application what i meant was shall i tell Kensington this when i fax them a letter might it make them back off a bit.

[BankFodder]

Yes, why not. Keep it short but tell them that you are going to see the judge because that it has come to your attention that they have breached their statutory duty to act fairly. Tell them also that you have discovered that they have already been fined for exactly the same behaviour by the FSA in April 2010.

 

Here is a link http://www.fsa.gov.uk/pubs/final/kensington.pdf

 

download this and read it carefully.

 

Show it to the judge and tell him that it is clear that Kensington have already been in trouble for this and have been fined £1.75 millions and yet it seems that they are still doing it. (Have you received this level of charges since April 2010???).

 

Explain to the judge that it is partly because of this that you have been unable to cope and to keep your promises. That you have only just now found out about the FSA regs and Kensington's previous record for this and that I would not be in the interests of justice to allow Kensington to benefit from their breach of the law and that you need the stay in order to put in an SAR - 40 days and then to analyse the data disclosure and to prepare your arguments.

 

The judge may just end up giving you a couple of weeks for a hearing to take place - and then you'll be able to put your case for a full stay of two months.

 

You had better not put your head in the sand again on this - or if you do, don't come back here.

 

I think that with the FSA decision already against Kensington, you have a fair chance of success.

 

Go and do all your homework and be completely familiar with all of the cases and the arguments and your figures.

[Ell-enn]

The court will have already faxed your N244 and statement to the lender as soon as you lodged it at court. They have to give them the opportunity to send a representative.

 

In your statement did you detail what you are offering to pay and quote the Norgan case law?

[sponderela]

In your statement did you detail what you are offering to pay and quote the Norgan case law?

 

What is Norgan case law sorry ?

 

This is the info i put on my statement plus i attatched the FSA ruling and info plus statments with at least £1500 of charges on them.

 

I am asking for the court to postpone the eviction dated 06/03/11 for 2 months because i believe the arrears are substantually less than what they are asking. This is because the charges and administration fees should have been levied at cost price and have been levied at an excessive rate and exceeded administrative costs therefore they are unlawful. Also they have been adding the charges to the balance and levying interest on the charges, this is unlawful and breaches their FSA statutory duty i would request a further 2 months stay to obtain all of my data and work out the true arrears cost and have another hearing. I can make the standard monthly payment while this goes on. I have attatched details of a small qty of charges totalling £1500 plus FSA details.

[BankFodder]

Good luck for today. Your emphasis should also be on the unfair treatment of you by them and the fact that it is clear that they are acting in breach of FSA rules.

 

You have had all of your chances. The FSA breaches are the only new thing that you have to offer the judge. Make sure that he sees the Kensington judgment.

 

If he is minded to give you a chance because of Kensington violations, then you will have to use the other material which you have prepared to show him that you are taking the matter seriusly and that if you are given another chance, that you will be able to put together a plan which will get the situation under control

[sponderela]

Hi All,

Thanks so much for your help. Went to court today i told the judge all the info about the FSA rulings etc. The Kensingtons Rep said we are apposing the eviction being postponed. The judge asked him for my statements, he said he did not have any detailed information about my account. The Judge postponed for 2 weeks for them to send all my statements etc to the court and to me and then have another hearing to determin the true arrears. Kensingtons Rep told him this case has been going on for 5 years, 2 weeks may not be enough because it will be a substantial document so the judge said he would give them 21 days to deliver the information.

[sillygirl1]

You could now get the printout from the OFT and FSA where they fined Kensington for overstating charges and check to see if any of the mentioned charges are on your account, that is unless you have alread had them refunded.... I bet they have charged for Advisors visits and lots and lots of solicitors charges (you really need the invoices for these charges as they like to claim fees, charges, file fees etc etc at least twice on each occasion). I think I have the Kensington ruling on my old PC...

[BankFodder]

Well done. You have pulled off a miracle.

 

The advice which SG1 has given you is correct. However, begin by sending Kensington an SAR. Do it now. Send it recorded with a cheque or payment which you are sure will not bounce.

Keep copies of everything.

 

Get all of your info together as SG1 has suggested and come here for advice.

 

Your attack is two-pronged.

 

Show that Kensington have acted unfairly in breach of FSA regs in the way that they have conducted your business and in the charges they levied against you and the way those charges have been applied.

 

Show that once things are properly calculated and the true position is revealed, that you will be able to propose a scheme of payments which deals with everything correctly and brings your mortgage back on track reasonably quickly.

 

You could also ask for a declaration form the court that Kensington have breached their statutory obligations. This would help Kensington to take things seriously themselves and to stop bullying.

 

No. 1 is to send the SAR NOW.

[BankFodder]

Make sure that your SAR says that you want everything in whatever form including notes, screennotes, statements, external and internal correspondence, invoices from legal representatives, counsellor visits - and anything else that they may hold on you.

 

Get very tough with Kensington. Make sure that they understand that any trouble form them will be reported to the OFT and to the FSA.

 

Once again, if you are not going to follow this through then let us know now so that we don't waste our time.

[Ell-enn]

Well done. You have pulled off a miracle.

 

.

You certainly have - and it's thanks to Bankfodder for giving you such sound advice re the charges. I fully expected the judge to order the eviction. I really do hope you fully understand just how lucky you were this morning!

[BankFodder]

I've only helped you with roughing up kensington a little.

You will have to follow the advice from Ell-en and Lea for the long term solution.

Be realistic. If you think that you can't handle the mortgage then use the extra to plan the most advantageous exit you can.

If you can start making any payments now to reduce the debt as well as to show willing, you should so.

 

 

From my phone

[Lea_HTH]

I hate to rain on anyone's parade, but this is just a short stop on the likely route to eviction. The judge would not order the eviction to go ahead when the arrears are in dispute. It is still enough to warrant eviction once all the charges are taken off the arrears figure.

 

The reason the judge asked for the documentation is so that he can see if the arrears by themselves warrant eviction - had the other side prepared themselves properly with the right statements of account, the warrant would not have been adjourned.

 

Justice demands the correct figures are used.

 

All the OP now has is a three week breathing space - unless he clears the arrears that aren't in dispute, or substantially reduces them - the mortgage company will get their warrant approved.

Edited April 6, 2011 by Lea_HTH
mixed up another poster's situation

[BankFodder]

Yes, that is definitely raining on the parade - but I expect that you are probably right.

 

The only long shot would be to show the judge that had the payments been levied fairly and applied fairly that the present situation might not have arisen. That and a substantial reduction, as you say

[sillygirl1]

Here is an article whcih explains WHICH fees and charges Kensington MUST repay, if any onf these are on the list they must be listed separately and a claim put in...

 

http://www.moneysavingexpert.com/news/mortgages/2010/04/kensington-mortgages-to-refund-1-million--in-unfair-arrears-fees

[Lea_HTH]

Yes, that is definitely raining on the parade - but I expect that you are probably right.

 

The only long shot would be to show the judge that had the payments been levied fairly and applied fairly that the present situation might not have arisen. That and a substantial reduction, as you say

 

I'm a realist, and I think it's better to let people know that their worst outcome could still be a possibility, particularly in a case like this where multiple stays have already been allowed.

 

The arrears are very high - that's the problem - even with the charges removed (and I suspect some of those charges are litigation charges, which are perfectly legal).

 

If the OP is proactive (there's been no prior evidence that he is), then he may be able to resolve this to the point where he is able to stay in the property - but it's clearly going to take a lot of effort on his part to do all the necessary checking, obtaining of information and so forth.

 

I wish him good luck.

[sponderela]

Make sure that your SAR says that you want everything in whatever form including notes, screennotes, statements, external and internal correspondence, invoices from legal representatives, counsellor visits - and anything else that they may hold on you.

 

Get very tough with Kensington. Make sure that they understand that any trouble form them will be reported to the OFT and to the FSA.

 

Once again, if you are not going to follow this through then let us know now so that we don't waste our time.

 

Hi Again,

 

Sorry to bother you all again, on the ico website Kensington is listed twice,as kensington mortgage group limited and kensington mortgages both have the same address which should i put on the SAR ?.

[slgsue]

Kensington

Gateway House

Gargrave House

Skipton

North Yorkshire

BD23 2HL

 

Hope this helps.

[dcahelp]

Strangely the same as Redstone........ hmmm, are these guys the same co, or just share the same office space? It would help me with my court claim against redstone if I know for definite either way.

[sponderela]

Kensington

Gateway House

Gargrave House

Skipton

North Yorkshire

BD23 2HL

 

Hope this helps.

 

But it has to be sent to the address registered with the data commisioner and this is not the registered address of either

[BankFodder]

Phone them and ask them the name and address of the data controller.

Frankly if you send it to their reg office then that will be fine.

 

You need to get it off today. Should have been done yesterday.

[slgsue]

I know that if you send an SAR to that address it will be responded to, but Bankfodder is correct, it will ensure it gets to the right person if you get the name and address of their data gatherer and dont forget use at least recorded delivery as method of postage! Please also remember that Kensington will then have 40 days to send you info.

 

DCAHELP - I think a few lenders use this address, I know Mortgage Express do aswell!!!!! It must be a home for crooks LOL!

[sponderela]

I will use the address on the bottom of the letter they sent me that is registered with the data people. It was a nightmare trying to get information when i called and asked for the data controller information, they said they did not know what i was talking about. One of the operators gave me this number 0207 5974000 which was answered investec bank when i asked is that Kensington she said well yes ??. Never heard of them before.

[BankFodder]

Make a note of that conversation. This is an example of the kind of obstructive behaviour you are experiencing in your effort to find out the full extent of their unfair treatment.

[sillygirl1]

Investec Bank is one of the companies behind Kensington's mortgage portfolio, one of the faceless organisations putting down their money to get you out of your home asap... basically they are one of the paymasters.

[sponderela]

Just a quick update, new court date is 5th May, Kensington must Serve and file a statment showing an accurate history of the arrears and how they are calculated by 4pm on 20th April. Thanks again everyone.