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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Kensington Mortgages


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I have a mortgage with Kensington Mortgages and my mortgage was quite high and at that time I could afford to pay the high figure. Then the recession happened and my contract came to an end after that it was harder and harder to find work and therefore I fell behind with my mortgage. I started getting charges on my account of £50 eventually I was able to clear the arrears but a double whammy another contract came to an end and I could not find a new job for love nor money, I ended up on Jobseekers eventually the DWP started to pay the interest only part of my mortgage which still left quite a hefty lump outstanding to pay and from time to time the DWP did not pay so I had further charges. Interest rates went down but my mortgage stayed the same as I somehow had a fixed rate eventually about a year later my fixed rate came to an end and my mortgage halved and the DWP payments came a bit nearer to paying the full amount of my interest only mortgage. I have since signed off Jobseekers to start a small business of dog walking and pet minding I started at the end of June 2011 it is beginning to grow and I have been able to make my payments plus pay an extra £10 towards the arrears.

 

Kensington then asked for a budget plan for my mortgage which is very difficult as in pet minding and dog walking can vary from week to week so they took my arrangement away once again, I keep putting forward offers and they say they will look into it after I make my payments they then say that they do not accept my offer and they keep on and on like this and stating that I am not earning enough to cover the offer even though I have been paying it. They put LIBOR interest on in January of about £31 then when the banks decided to put LIBOR in February they did another whammy and put it up again by another £35 approx. They are still charging me £50 per month in respect of administration fees and now my arrears are even higher than before because of these charges and they are now threatening to go to their solicitors, What more can I do I have paid them the amounts they have asked for and £10 on top to go towards my arrears.

 

Really need advice here can anyone help me with this?

 

Kind regards

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They seem to fluctuate between £5,431.37 and £6,047.11 as in their letters one states one amount and the next letter a higher amount. I am not sure how many years I have left I will have to dig those out but I think about 17 to 18 years. My payment is interest only. I was told by them at one stage I could transfer to repayment but then they said that they did not do this.

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The minimum payment you can make towards the higher level of arrears would be around 30 pounds per month. This is a starting point using the case law available for such cases as yours. 10 pounds simply isn't enough to clear the arrears before the end of the mortgage term.

 

In addition, if there is negative equity in the property and you have no repayment vehicle, you will need to consider what you plan to do when it comes to the end of the term.

 

Up your arrears payment offer and tell them that it is "Norgan compliant", and see what they say.

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  • 3 months later...

I have not been able to get back on here as my computer brokedown and it has taken up to now to get it repaired etc.

I contacted Kensington with the Norgan Compliance letter andmade them an oer of £30 and they have come back to me stating that I do notearn enough to do this, even though I have been paying them this amount eachmonth since I made the offer.

Once I had made the Norgan Compliant they forwarded myrequest for acknowledgement of my payments to their Solicitors and theirSolicitors then wrote to me acknowledging receipt, the Solicitors wanted toknow what was going on and I just forwarded my letter together with all theresponses to them. It went quiet forsome time I then got a letter back from Kensington stating they were lookinginto my complaint and then I received an offer of £675 in full and finalsettlement of my charges (I think Ishould not have accepted this but I thought they were actually cominground). Heard from Kensington who claimedthey had prepared and sent a Court bundle which I was being charged for andSolicitors fees. It took quite aconsiderable amount of time for them to come back, they then started sending meletters like the ones they had sent previously and I responded in the same way bysending the letters and my previous response, it went quiet again and then thesame procedure started all over again stating that they will look into mycomplaint.

I then received a letter stating that mortgage was going tobe less starting 1 July (I believe this is due to LIBOR) my arrears appear tobe going up rather than going down.

Last week received letters from them stating that I ampaying them more than my mortgage repayments should be and that I have arrearsand I should contact them to come to an arrange, then the next day I hadanother threatening letter threatening to go to their Solicitors to start Courtproceedings and that I would have to pay for this. I have contacted them regarding both letters(I have made an attendance notes of these conversations) the whole thing goesaround and around in circles and not going anywhere, is there anything furtherI can do as I am getting very frustrated with them.

Kind regards

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  • 5 months later...

Hi

 

It actually sounds like your mortgage might have been mis-sold, the fact you have an interest only mortgage with no vehicle in place to pay off the capital at the end of the term. You probably got this mortgage through a broker who could not care less about your circumstances but was thinking about his commission.

If you have a repayment plan in place how can the arrears be increasing, this just does not make sense. Request a quarterly statement, they should be sending this anyway

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Hi

 

It actually sounds like your mortgage might have been mis-sold, the fact you have an interest only mortgage with no vehicle in place to pay off the capital at the end of the term. You probably got this mortgage through a broker who could not care less about your circumstances but was thinking about his commission.

If you have a repayment plan in place how can the arrears be increasing, this just does not make sense. Request a quarterly statement, they should be sending this anyway

 

 

Thank you very much for contacting me.

What should I do if they have mis-sold my mortgage to me, is there anyway of rectifying this? A few years ago I did ask if I could make my mortgage a repayment mortgage instead of an interest only. They did say they would let me know and I then checked with them again and they said this is something that they do not do.

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