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    • Had a previous car loan with this lot. Included in the amount (prior to added interest) on this agreement, is the outstanding balance from the previous loan. This outstanding balance had already been subject to hefty interest on the 1st loan, yet on this agreement they added interest to it again! Also, where it states that the particular Ts and Cs (ref # removed) form part of the agreement, the Ts and Cs they've sent, which they say are part of the agreement, but they are not- they have a different reference number to the Ts and Cs which form part of the (original) agreement. agreeandterm.pdf
    • I would only rely on your solicitor in this regard. The other two should not have a view.   And, you are responsible for how the court perceive you. They only have your words and deeds to go on. Expecting them to magically see things your way is not a great tactic.
    • Yes, I don't think there is any downside to doing this. If they decline then you can say that in your witness statement
    • Ok! Do you still want me to work on that letter you discussed above in post #26?
    • Thank you for posting up the required details and well done for apparently not revealing the identity of the driver. I am assuming you are the keeper? The depth of ignorance of the parking companies is absolutely amazing. The Protection of Freedoms Act 2012 Schedule 4 is the law relating to private parking and allows those rogues to be able to transfer the charge from the driver [whose name they do not know] to the keeper after 28 days . This is dependent on them complying with the Act. So many of the don't and Alliance is no different. It would help if we could see what you appeal was and to post the back of the PCN as it is lacking so much of the wording necessary to make it compliant so that in your case only the driver is liable to pay the charge. And of course just entering the ANPR arrival times means that they have failed to specify the parking time which is a requirement..  Because the car park was so busy you had to drive around for quite a while before finally finding a place to park which is when the parking period may  actually begin. The poor dears at Alliance have not grasped that particular part of the legislation as yet. To be fair the Act has only been in place for 12 years so one must make allowances for their stupidity . We shouldn't really mock them- but it is fun. You weren't to know but the chances of winning an appeal against Alliance and the IPC is around 5%-and that is high for them. If they allow you to cancel they lose the chance of making money and they would have had a field day when you were there with so many people being caught overstaying because of the chaos in trying to find a parking space then trying to pay.  Your snotty letter could go something like this- Dear Cretins, Yes I mean you Alliance. After 12 years one would have thought that even you could produce a compliant PCN. Did you really think I would pay you a penny extra considering the time I wasted trying  to pay with  long queues at the parking machine, then trying to get a signal to call Just Park. On top of that you then had the cheek to ask for an additional £70 for what dubious unspecified pleasure? You must have made a killing that day charging all those motorists for overstaying because the queues to pay were do long and even walking to pay from the over flow parking fields takes time. And yes I did take photos of the non existent signs in the fields so please don't give me the usual rubbish about your signs being clearly visible. Oh yes that £70. Please tell me and the Court whether that charge included VAT and if it did, why am I being charged to pay your vat? I am sure the Judge would look carefully at that as well as the Inland Revenue. The truth is you had no reasonable cause to ask the DVLA for my data given the chaos at your car park and I believe that you therefore breached my GDPR...................... I expect others will give their views as well.          
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Kensington mortgages possession hearing - ** Suspended **


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Hi, I thought I would provide an insight into my court hearing today with Kensington mortgages, they are seeking possession for £6500 of arrears which have built up due to husband being off work due to sickness. He is back at work now and payments have just recommended however Kensington keep refusing proposals even thou you provide them with all the evidence they request eg payslips.doctors letters and notes and bank statements.

 

The mortgage is just in his name and he is currently abroad working (to pay the mortgage) and I have been worried sick about attending court on his behalf. Anyway went to court today, met with their representative who was very nice but advised they were still seeking outright posession , I had asked to be made aparty to proceedings on the defence form and Kensington had written authority from my husband to discuss my account so the representative and judge were ok for me to be there on his behalf.

 

The judge was very nice asked me what I was proposing turned out that what I proposed or the arrears was not enough within the Norgan rules (he wanted the daily intererest to be added as well) so I was about £28 short. However when the judge was looking though the witness statement I bought to his attention that the solicitors had sent notification to the wrong local housing authority?

 

The judge was not very happy at all and unfortunately he had to adjourn proceedings he told the solicitor off and also advised that the mortgage company could not charge solicitors fees for today's court appearance. I now know what amount I have to offer next time in court and in the meantime I will be going back to Kensington with a new proposal. I will keep the forum updated on my progress.

Edited by citizenB
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Forgot to say that judge mentioned that there could be grounds for breach of data protection and that solicitors make good money out of these cases and they should be getting their facts and information right first time

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Just a quick couple of questions if anyone can help?

 

1) Kensington and the solicitors are stating that the arrears are £6551.02 but I have calculated that £550.00 are returned direct debits fees and monthly arrears fees are they allowed to include that in the arrears amount or should it be £6001.02 which is arrears less charges?

 

2) I have stumbled upon a letter dated August 2011 that's states that due to an error on their part I am due a refund of £5.75 plus 76p interest and this payment will show on the account on the next statement well I've checked and double checked and it doesn't look like its be refunded.

 

I'd appreciated if someone could advise on where I stand with regard to the above, many thanks

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they can only charge you what it properly costs them to process a direct debit.

 

I will flag your thread for input from the site team, but I am sure there will be lots of people around over the weekend.

 

Have you got a further court date?

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Hi

 

No not yet the solicitors have to send another notice of possession letter to the correct local housing authority housing dept and I guess they will do that once they apply for a new date. They were pretty quick last time. Thanks

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Hi

 

The Kensington add £50 per month onto your account automatically when it is in arrears. This is what they call their "Arrears Charge". You need to find out how much in charges they have added to the account since you became behind with the payments.

 

Once you have the information, write to them asking for the charges to be returned. Also mention this to the judge. The Kensington were fined by the FSA, Kensington had levied three types of fee that the FSA said were unfair or excessive, and it was too aggressive in trying to get its money back. The fees are higher than the real administrative cost incurred by the lender so claim them back with 8% interest. This is the Statutory rate applied by the Court under Section 69 of the County Court Act 1984.

 

Link: http://news.bbc.co.uk/1/hi/business/8615870.stm

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They are not allowed to include any arrears charges in the amount of arrears they plead in court - arrears are missed monthly payments only. How much did you offer to pay each month towards the arrears and how many years/months are left on the mortgage?

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Hi

 

There's 108 months left offered £60, this judge however said that the interest needed to be added onto it which is currently approx 5.74% per annum taking it up to £88 per month (he worked it out) Their representative said that some judges include the interest other don't this one just happened to include it.

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Further to the above I think they have included the charges of £550 in with the total outstanding balance do maybe they can charge interest on top?

 

You must bring this up with the Judge, and notify Kensington that they are not allowed to add the £550 onto the outstanding balance. I would go through all of the paperwork and look for anymore hidden charges. Look out for "Trace Fees" these are £30 a time if they use Experian etc. This link will give you an idea of what tho look for from this lot:

 

http://www.kmc.co.uk/content/dam/kmc/documents/Literature/Intermediary/KMCToFMortgageAdministration.pdf

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Once you have a date for your hearing you can take along an up to date statement for the judge detailing the arrears total that Kensington claim is wrong - no need to let Kensington know that before the hearing though.........

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 1 month later...

Hi, back at court today for the hearing, once again the claimants representaive was very nice and once again advised that Kensington wanted outright possession but like he said it was'nt down to what Kensington wanted...... Judge was also very nice listened to what I had to say, what I had to offer (once again the claimant had failed to provide up to date financial details and he was a little bit miffed (seems to be common practice for Kensingtons solicitors Drysden Fairfax) this judge however didnt get his calculator out like the last one and just took what I offered (dont know whether this was good or not) anyhow he suspended the possession, and advised that if we were to get into difficulty again what the process could be (eg going back to court etc etc). The person who was due to go in before me did'nt turn up and even though going to court is very scary and it does make you feel very sick and nervous before hand I'd urge anyone who finds themselves in this position to turn up at court, I've found that the judges arent as scary once you get in there and are generally on your side, better than loosing your home.

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Well done :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Excellent news, brighton :) Will amend your thread title for you.

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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4: Staying Calm About Debt  Read Here

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 months later...

For some time I have been trying to get Kensington Mortgages to let me have their 'Kensington Standard variable rate' ie a rate that would apply across the board to all their clients.They have always refused until I went to Court and their Solicitor handed over what he felt was the Kensington Standard variable Rate. I have this now broken down by month and year back to 2004

 

I am sure that this Standard variable rate varies from client to client depending on what the Kensington Underwriters feel they can get away with which is why they do not normally publish a Standard Variable rate any where.

 

I need urgently to compare the rates you have with the now published rate I have...if they differ - then Kensington are in trouble since the rates I now have are a legal document.

Please can any of you help by comparing the rates I have to the rate you have been or are being charged. I can PM you the rates if you want them.

We already now have two replies on this but we need as many as we can get so any of you out there with Kensington mortgages please come back to me with your rate. My own Court actions may help reduce your own rates

many thanksy comparing the rates I have to the rate you have been or are being charged. I can PM you the rates if you want them.

many thanks

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Hi brighton

Afraid i have just realised my posts are under 30 so they will not go out! you can email me at.. "EDIT OUT PRIVATE EMAIL ADDRESS"

Edited by citizenB
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Please dont post private email addresses on forum.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi brighton.

Can you just confirm you are on a Standard variable rate plus an extyra margin and what the margin is, then i can work out for you what the Standard variable rate is. After that we can compare rates.

I will the post a list of rates in the open as i cannot pm you.

cheers KGF

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  • 2 weeks later...

All, I have recently had yet another battle with Kensington ("KMC").

 

KMC claims that I have arrears of 6 + months.

 

I claim KMC has:

 

 

  1. manipulated and used the incorrect Libor rate;
  2. employed mortgage terms and conditions which are unfair and have been found to be so by the FSA in the Cheshire Mortgage case;
  3. may well have sold on my mortgage without notifying me;
  4. has not notified me of the Kensington Variable rate in breach of the mortgage terms & conditions;
  5. charged mortgage arrears fees which are excessive and have been found to be so by the FSA in the DB and GMAC cases;
  6. has charged interest on the capitalised fees in 5 above

Bottom line: do not cave to KMC: fight fight fight and they will cave!

 

Do not let the bottom feeders win!

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