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    • depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs. on document retention time limits etc at least 6yrs previous must be held though many hold complete info. as for acronyms and abbreviations ideally yes they should     
    • Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.
    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
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Desperate for help with Kensington Mortgage company! Arrears Fees etc


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Hi all Hope someone can help me here and make clear whether or not I can claim anything back from this cowboy company!

 

I split up from my wife in 2011.

Initially she asked to keep the property I purchased yet had both our names on the mortgage.

At the time I was prepared to give up the house and start again.

 

However unknown to me after 6-8 months she had not paid the mortgage and ran up arrears of around £4000.00 .

Along with more money from utitlity bills which she did not pay.

 

I took over the house from her and she has since moved to an unknown address ( in yorkshire) and has taken a Job promotion working in London.

Anyway as things stand I think I am unlikely to get any money back from her.

Dont even know where to serve divorce papers to!

 

No doubt once the house is back out of negative equity she will try rip me off for half but thats something else to look forward to in the future.....

 

I have now repaid all the arrears and lived off nothing (cup a soups etc lol get the violin out!:violin:)for the last 3-4 months.

 

I made a SAR request when I was desperately trying to get the payments down by them 4 months ago.

At that time the amount Ive got to in arrears fees applied plus debt councillor fees (for someone who never came) plus solicitor fees(over £200) ..

. is in the region of £2000-£3000.

 

I have literally given every penny Ive had to them and finally got the arrears paid off.

 

Work however is slow again (im a roofer) and this time of year is not the best as people are saving their cash for Christmas

and its aftermath on their finances in January so going to be a long cold winter!

 

I am unsure as to whether Ive paid off the fees or whether the fees have just been added to the mortgage

and now being charged interest on for the remainding 20 years of my mortgage.

 

Can somebody please please help me to figure out if i can have these monies refunded in cash if they have been paid

or have the charges removed if added to the outstanding amount and being charged interest on.

 

I simply cannot afford to keep being ripped off and have no life apart from paying unfair charges and bills.

 

If possible are there template letters I can send to start the ball rolling and give me an idea of the process from start to end.

 

Many many Thanks in advance for any help.

Desperate!

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I hope that you have followed the mortgage link and read the article and the other material linked from that piece.

This will let you know what your rights are and give you a starting pint.

Kensington have a reputation for levying unlawful fees. Also, debt counsellor fees have to be levied at actual cost - but also they cannot force the visits on you. they have to be made by appointment in writing and with your express agreement.

Basically don't consent to any counselor visits. The are really nothing more than trips out to assess the value of your property.

 

Begin by reading the material I have referred to - and then come back here.

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yes you can reclaim the fees and any interest they have cost you.

 

and the debt counciling fees

and

if it has NOT been to court - the legal fees too.

 

kensington have already been fined for treating customers this way.

 

.....

 

Hi

Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them.

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

http://www.telegraph.co.uk/finance/p...y-the-FSA.html

http://www.fsa.gov.uk/library/commun...2010/065.shtml

http://www.guardian.co.uk/money/2010...mortgages-fine

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Excellent News I shall re-order a new SAR request as they have added fees since the last one.

Just to make sure I get the full amount.

I have not had chance to read through all these links just yet but will be doing ASAP.

Is there any success stories so far with these numpties?

Has anyone actually got their fees refunded?

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hold on the sar and click

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Is there a letter template available online I can use to get the ball rolling thanks again.

 

Can you clarify what type of draft letter you require ? Is it a subject access request (a request for all data) ?

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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you can use the credit card one in the library and adapt that.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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