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


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Hi All,

Court in the morning 11am. I have the info from Kensington that they have sent to the court showing over £6000 of charges, all that have been added to my balance and interest accrued on it, got a letter from them confirming receipt of my data subject access request on 18th April but i have proof they recieved it on 8th April, they say they have till the 27th to send me the data, I have a statement from them for last month with over £250 of charges on it for that month alone mainly agents/solic costs etc. I have made my monthly payment and have worked out that since 1 Feb i have paid them £2700 which works out to £675 per month over the last 4 months which is just over the monthly payment. Any tips would be helpful for tomorrow but thanks for all the previous help.

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Well I hope it goes well - but you have rather done it again, haven't you. The last 2 weeks could have been used helping you to plan but you have come back at the last moment and asked for help just now.

 

When did you receive the info from Kensington?

 

I think that your most important position will be to explain to the judge that Kensington's charges are unlawful. You don't say how far back the charges go. Once again, a shame that you just disappeared again. You aren't helping yourself by this.

 

You really needed to have calculated the interest on those charges if any of them have been paid. This could easily take you to beyond £7K - £8K or more.

 

If you had had all of those figures prepared then you would have been able to argue to the judge that the charges formed such a significant proportion of the outstanding sum that he should not order repossession.

 

I think that you have got to say to the judge that:-

 

  • Clearly the charges form a very significant proportion
  • Clearly Kensington have levied these charges unlawfully and in breach of their statutory obligations and that this should be reported to the FSA
  • You have only just received the information from Kensington and therefore you have not yet had time to digest the information fully and to prepare your argument
  • There may also be an interest element which has not been taken into account by Kensington's figures.
  • They are already delaying on satisfying your DPA request

Conclusion: Now that you have established beyond doubt that Kensington have acted unlawfully towards you, it would be fair to order a further adjournment so that you can finish collecting all of the information and preparing a full argument and proposals.

 

 

Say that in the circumstances of Kensington's law-breaking, it would be fair to grant you two months in order to take advice and to prepare your case.

(It will help if you can suggest a reasonable token payments scheme for the period of the adjournment. This should be at least the normal mortgage payments.)

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Hi

Sorry i did not come back for help just to let you know what was going on, i have been collecting all my statements and info up together and Kensington sent me the information on 27th April, not really a lot of time for an ordinary person to work out the complicted interest. Will let you know later what happens THANKS VERY MUCH ONCE AGAIN.

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So, what has happened????

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Hi Everyone,

Went to court, had a chat with Kensingtons rep in the waiting room and she told me that everything i said was wrong all charges are justified and that direct debit charges are not even mentioned in the FSA ruling. The Judge listened to us both but all the Kensington rep kept saying was the charges are jusified and industry standard and that i was just trying to haze the issue at the last minute. The judge said that it would take a hearing of at least two hours to go through the charges and interest etc and that he did not have the time today. He ordered that the hearing was adjourned generally with liberty to restore by either party and ordered Kensington to accept £700 per month from me including the monthly payment (my monthly payment being £649 at the moment). He told me to make sure i make the payments and in the mean time get the all the figures/charges worked out ready and bring it back to the court myself. I asked the Kensington Representitive how much she was charging them for her being there, she told me £60. I will now await the SAR from Kensington and start sifting through all the charges. Thanks All.

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Well you were very lucky. Well done.

 

I think that you should keep in closer contact with the forum in future. Your disappearing tricks are unhelpful to you and also they are very off-putting to people who are interested in helping you.

 

I think that your next step is to find out how much in charges and interest is involved. Then work out how much in charges etc you might actually have already paid.

 

Then we can decide what to do about the entire situation.

 

I think that you have to accept that if you put a foot wrong on the repayments - for any reason - that it will spell the end of it all. Kensington will apply to the court immediately and you will not get a second chance from any judge

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Hi

The SAR information arrived today by courier, it was a massive parcel and Companies must hate providing this information as it mast take ages and cost well over the £10 paid. Will start now to go throigh it but it is very interesting at a glance Thanks

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