Jump to content


  • Tweets

  • Posts

    • lolerz - are you sure about the payer not being responsible?   On hmrc website there's a section about 'joint and several liability'....  It appears J&SL could apply if "hmrc believe it can show that you knew or had reasonable grounds to suspect that VAT would go unpaid".   They check to see if there is "sufficient evidence on a balance of probabilities to show the requisite knowledge or reasonable grounds for suspicion".    The email trail indicates the payer (the instigator of the deal with the contractor) must have known costs were being kept artificially low due to vat not being charged.  There were emails between the parties indicating the ongoing budget, and its constraints.  Invoices were issued in-line with the budget emails and emailed to the party over-seeing the works & budget - who then regularly passed the emails/ invoices on to the accounts team for payment.  There was constant dialogue between all parties on the sums payable..  Vat was not included on any invoices.   Thus the payer, on the balance of probabilities, had the requisite knowledge to assess that vat fraud was being implemented.    The payer ceo was also cc-ed into many emails.  There's also a couple instances of a 3rd party forwarding the contractor's invoices.  This could appear quite innocuous.  But this 3rd party (different surname) appears to share addresses with/ be a partner of the contractor (in biblical sense).  I don't have the investigative power of hmrc - but my simple research shows further (property) links between the ceo, the contractor and his 'partner'.   If they constantly do works projects together as a team then there is a propensity for regular vat evasion.  In my particular matter, the lender is trying to pass all the costs of works on to me.   So from an auditing perspective they are passing the buck to me; the payer appears to be me - whilst the actual payer (who is complicit in the evasion/ fraud) actually gets hidden (gets lost in the disclose-able paperwork).   A few years ago they set up a department to handle development of repossessed properties.  So how many times have they used a contractor and not paid vat for works? How many times have they passed the costs on to the borrower whilst attempting to absolve themselves of any participatory (vat fraud) guilt?   This is actually a potentially really big issue, that goes way beyond my own issue with them.  I don't benefit.  But if they are guilty on an industrial scale of not paying building contractor vat, facilitating vat fraud, and manipulating/ hiding the figures  behind borrower's debts - then this will be further vindication of what utter scoundrels they are.    The Govt website says if you notice tax fraud you 'must' disclose it.
    • I've never had an Egg loan. Just to confirm. Definitely not a loan. Yes. It is an 11 digit 'reference' number.
    • Some time ago i made a complaint to Lowell regarding what i felt was their harrassment due to the volume of letters I was receiving from them. I know i should have ignored it, but it was upsetting my wife that they kept sending them so I thought i would complain and see if anything could be done about it. i have just received their reply to my complaint, which no surprise they havent upheld. However they said something in that letter that didnt feel "right" to me and i wanted to see what people's opinion of this was please: Section 77 of the Consumer Credit Act relates to the original lender and not a debt purchaser such as Lowell. As the original terms of the agreement have not been met, due to payments falling into arrears and the account being in default, the requirement to provide a copy agreement no longer applies. I know this is incorrect, and frankly want to challenge this in any way i can, it feels very wrong that a collection agency can set aside or ignore sections of the law like this. Or should i just leave it and continue to try and ignore the letters? I would welcome any advice. Thanks.    
    • Watch this webinar to explore what young people think about the 2024 general election with early insight into the 2024 Youth Voice Census.View the full article
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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

back again...4th eviction..kensington


janif
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4226 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

embarrassing to be back but hoping ellen or some one can help...not sure how to upload my previous thread..mods if you can assist please or i can continue as per below

 

i posted about 10 months ago...

 

in a surprise move, after the judge ruled against me (4 previous evictions suspended) Kensington dropped demands for a lump sum (46k arrears now) and cancelled eviction - as ellen advised me at the time, '' Kensington have an outright possession order, which means they can apply for a further warrant of execution ''. This is what they are doing now. i kept to payments from the date of the last arrangement (january 2012 for 6 months, then missed 3 payments and then made the monthly payment in oct - action to apply for the warrant of execution has now been started by kensington - i am just waiting for an eviction date. they have applied to the local; court as of 16.11.12 (romford)

 

just as a reminder, we have had a family breakdown due to the stress and care for my disabled son. this is the first year that we have had some level of stability - it has taken us years to get the care package we need to enable me and my wife to work full time. the latest default was due to extra cash payments that we made to carers - this has now ceased due to the extensive care package. i have only disclosed this to kensington in the last few weeks.

 

 

 

if i lose the house, my son goes into full time care. no chance of getting the same package transferred - it has taken 6 years to get to this point. my mortgage record is appalling but the last 10 months has seen 7 payments. not good i know but some evidence at least.

 

the bottom line is that they rightly view me as an horrendos account, arrears, not maintaining arrangements.

 

i have managed to get some dialouge going with a member in their referral team. he has all our income/exp details - details of affordability have been noted but they point to my record. however, it appears ( i may be deluded) that they have left the door open for some lump sum offer. i can make payments due to commission which clients are releasing early (6k). i am not sure if this is enough and i am unsure how to now make a last bid to save our property. do i offer as a lump sum or say 2k per month on top of monthly payment for a 3 month period(the last arrangement was monthly payment 1536 plus 250 towards arrears) ?

 

as stated, ellen assisted me greatly at the start of the year - hope there is still a chance.

Link to post
Share on other sites

Hi Jamiethanks for your post - any feedback is appreciated. You are 100% correct, I am very fortunate due to the level of arrears. i can only assume that they have not pressed the button due to my sons disability. its taken us nearly 6 years to get the care package together and we are now facing eviction just as we stabilised our situation.today, i will be offering to bring the last arrangement up to date (3 payments) by the end of the november & then ask to continue as per the agreement (monthly payment plus 250) but as you say it sounds highly unlikely that they will consider it due to my record. would they consider another 3/6 month suspension ? due to the care package we have in place, a repossesion would mean my son being transferred into full time care. do you know if kensington would consider a 3 month-6 month period to allow us time to either sell (about 40k quity left) or transfer the care services on the basis that the arrears are reduced/payments made ? this would allow us some time and also reduce arrers - again, track record is again the issue.not sure what to do, eviction date will be here soon - do i try with kensington now or can i apply to court to suspend again on the basis of bringing previous agreement up to date or at least allowing us time to sell/transfer care services (again with condition of bringing plan up to date) ?i am planning for the worst case but really unsure how i will keep my son with us.thanks

Link to post
Share on other sites

You will need to enter an N244 at court again to get the eviction stopped. Can you gather together all documentation you have to support the case i.e. the care package for your son and also proof of the payments you have made since the order. Are you able to make a payment to the account soon ?

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.

Link to post
Share on other sites

thank you for replying so quickly. yes, i can get;

 

1. proof of payments

2. care package

 

since the last suspension, i made 6 payments & then missed consecutive 3 payments (july, august, sept) but made a payment on the due date in oct after they had commenced the latest action. i messed up badly by paying carers for additional care (no longer required due to care package).

 

i am about to also submit a proposal to kensington to make up these 3 payments on 30 nov in addition to my previously agreed monthly payment. i know i have messed up badly. do you think it is only all the arrears they want now or could they agree a lower amount ?

 

i had contact with a member of staff in the special services team - is it worth sending him the above proposal/s or trying to call him tomorrow ? i did try last month but he referred me to litigation (where you get some one different every time - they refer proposals to a senior team, as you probably already know)

 

 

shall i focus on the n244 and kensington tomorrow am ?

Link to post
Share on other sites

It's always worth trying to come to an arrangement with them in the hope that they will stop the eviction. If you can get a proposal sent to them by special delivery asap (delivered to them monday) then it will give a few days for them to consider it before you have to submit an N244. Make sure you send photocopies of the proof regarding your son's care package and a budget sheet.

 

I have affixed the budget sheet we use in these cases (it calculates automatically) - if you need me to look it over before you send it let me know.

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.

Link to post
Share on other sites

thanks Ell.

 

i will fax & email the offer letter to kensington tomorrow and post it recorded delivery on saturday am.

 

do you have any tips re negotiating a lump sum/suspension with kensington ? the special servicing stepped in last time to assist me greatly last time around but at the moment i am dealing with the litigation dept who simply take your call and then liaise with the senior team. i don't have time on my time.

 

shall i also apply to the court for a hearing N244 tomorrow friday am ? only 9 working days until eviction.

Link to post
Share on other sites

sorry Ell, just seen above post too.

 

i'll follow your advice to the letter. thanks so much.

 

you're right re trying to deal with kensington in the first instance- they ultimately saved me last time.

Link to post
Share on other sites

You would be ok to wait till the middle of next week before submitting the N244 to see if they will accept your proposal.

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.

Link to post
Share on other sites

You would be ok to wait till the middle of next week before submitting the N244 to see if they will accept your proposal.

 

Ell-enn clearly knows his / her stuff!

 

I think you should seriously consider asking the Court to stay the possession order on the grounds that the arrears claimed by Kensington cannot be substantiated. There are numerous posts on this point on the site; please review my previous posts and those of KGF. I can assure you that both KGF and I are very familiar with Kensington.

Link to post
Share on other sites

Let's not forget that previously this was not a warrant that was suspended. There was a failed appeal against the dismissal of an application to stay eviction, and the mortgagee decided to make an offer to the mortgagor outside of the court arena.

 

Whether a stay application can actually be made is debatable since the court's involvement ended with the appeal.

 

(I won't be offering anything further on this matter, so don't ask; I can't abide ingrates.)

Link to post
Share on other sites

Let's not forget that previously this was not a warrant that was suspended. There was a failed appeal against the dismissal of an application to stay eviction, and the mortgagee decided to make an offer to the mortgagor outside of the court arena.

 

Whether a stay application can actually be made is debatable since the court's involvement ended with the appeal.

 

(I won't be offering anything further on this matter, so don't ask; I can't abide ingrates.)

 

Proof positive that you should not offer advice without a full understanding of the facts!

 

Janif please let us know how you progress this!

Link to post
Share on other sites

sorry, i obvioously forgot to thank Lea. in my haste, i thought ell assisted me earlier this year. apologies for any offence.No more crooks - i have now sent a proposal to kensington, a lump sum(3 months) to bring the arrangement up to date plus a explanaation re improved financial/care facility for my son.i am obviously relying on slim chances

Link to post
Share on other sites

Have I missed something ?

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.

Link to post
Share on other sites

''Let's not forget that previously this was not a warrant that was suspended. There was a failed appeal against the dismissal of an application to stay eviction, and the mortgagee decided to make an offer to the mortgagor outside of the court arena. Whether a stay application can actually be made is debatable since the court's involvement ended with the appeal. ''does this mean i cannot apply to the court ?

Link to post
Share on other sites

my stupidity led me to not acknowledge lea s' asistance earlier this year. i'm under pressure and not thinking straight. sorry.i have sent off a proposal to kensington and will call them on monday morning - i sent it to their special services team (who asisted me unexpectedly earlier this year after the judge ruled against me), litigation team and also their solicitor i will update after i speak to them on monday am - i am planning to go to the court monday pm too but am now unsure if i have any right to do so.

Link to post
Share on other sites

my stupidity led me to not acknowledge lea s' asistance earlier this year. i'm under pressure and not thinking straight. sorry.i have sent off a proposal to kensington and will call them on monday morning - i sent it to their special services team (who asisted me unexpectedly earlier this year after the judge ruled against me), litigation team and also their solicitor i will update after i speak to them on monday am - i am planning to go to the court monday pm too but am now unsure if i have any right to do so.

 

Please consider the following points if you do apply at the court:

 

1. arrears charges (@50 per month): the GMAC and DB Bank FSA cases both make the argument in plain language that Kensington should NOT be making charges unless they are proportionate to its costs. Kensington's argument is that you signed up to this condition so you need to suffer it, this the judge will not accept if he / she reads the FSA cases listed above. Your arrears will be, in part, due to interest charges on the arrears charges as the arrears charges have been put on the capital you owe. Therefore the arrears charges are incorrect.

2. interest rate; if your rate of interest on your mortgage is LIBOR based (usually LIBOR plus something plus a margin) then you have an additional argument as Kensington has repeatedly overcharged the LIBOR rate (yes really). You should, must, ask Kensington to show the exact LIBOR rate and dates when LIBOR was set for the purposes of claculating the interest due on your mortgage.

3. Terms, the standard Kensington mortgage terms and conditions include a clause which is entirely unfair if the FSA findings in the Cheshire Mortgage Company case are considered.

 

I would also urge you to provide a financial statement which proves your ability to repay the mortgage (and any arrears the Court finds you may owe) with the remaining term of the mortgage.

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/showthread.php?334714-too-late-too-many-defaults-eviction-31-jan-kensington-mortgages

 

I suggest those offering advice should read the previous thread and take its outcome into consideration before offering advice, in particular post #78 and the conditions imposed by the mortgagee.

Link to post
Share on other sites

thanks nomore -

 

I would be grateful If anyone is able to look at my previous thread which Lea has highlighted - i would have continued from that thread but was unsure if it would update.

 

i am speaking to kensington on monday, probably won't be until tuesday that they tell me their response - proposal sent friday, receipt acknowledged, copy also posted this morning recorded delivery. (in summary i have offered a lump sum to bring the arrangement up to date). i am trying to see what they want as realistically i don't have a chance with the court as outlined by above.

Link to post
Share on other sites

thanks nomore -

 

I would be grateful If anyone is able to look at my previous thread which Lea has highlighted - i would have continued from that thread but was unsure if it would update.

 

i am speaking to kensington on monday, probably won't be until tuesday that they tell me their response - proposal sent friday, receipt acknowledged, copy also posted this morning recorded delivery. (in summary i have offered a lump sum to bring the arrangement up to date). i am trying to see what they want as realistically i don't have a chance with the court as outlined by above.

 

Lea_HTH is clearly familiar with the circumstances of this case and with repossessions in general. I think it would be a potentially grave mistake to not seriously consider the advice you have been given previously.

 

My advice to you in #17 (above) is not particularly relevant unless you find yourself in court and wish to make the argument that the quantum of arrears claimed by Kensington are incorrect. I would add that if you do wish to make an argument along those lines you must be able to document your arguments in a compelling and verifiable manner if you wish the judge to consider your argument.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...