Kensington SPO ***Resolved***

[AndyOrch]

" the constant barrage of harassment is affecting my health ,job and relationship "

 

Only if you allow them..implement the above now.

[Ell-enn]

They really are unbelievable ! You should write to them making a formal complaint about the harassment and how it is affecting you, your work and your family. Tell them that if they take eviction action you will vigorously defend advising the court that they are continually harassing you to vary the court order, and that you will ask the judge not to award costs as the action is unwarranted.

[AndyOrch]

Im not sure it would have any effect Ell-enn ...but simply add to the stress.

 

If they feel they have grounds to proceed......let them (bet they wont) and save it all for a counter claim for harassment.....unfair charges...and costs....etc etc

 

Andy

[markez78uk]

thanks once again .

it so helps for all the advice and someone to listen

Thanks

Again

Markez

[andrew1]

Harrison v Link Financial - http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html

 

53. In my view, the Claimant rightly complains that, mainly by MBNA but also by the Defendant, he was hounded by telephone calls seeking payment of what was said to be due. The calls were a form of torture oppressively frequent in amount and often without attribution to an identifiable number. I am unimpressed by suggestions that all that the Claimant had to do was to seek a meeting when the position was that those who called him would not listen to what he had to say of his difficulties. Nevertheless I am not entirely impressed by the Claimant's failure to write a detailed letter in which he set out his position. I sense that the Claimant wished to engage upon his own terms albeit in no negative fashion.

 

83.Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant's description of the way that he was hounded by his creditors is essentially correct not least in the use of "non-traceable" telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt. Whatever the strength of the suggestion that the courts should only be a last resort, I can see no legitimate comparison between a series of measured warnings which, after full opportunity for response, lead to legal proceedings and what took place. Even more is the situation to be deprecated when it was only well into this action that the Defendant was able to comply with section 78 and thus able to pursue a claim. An inability to comply with section 78 can be no excuse for conduct of which it must be supposed the sole purpose must have been to make the Claimant's life so difficult that he would come to heel. I cannot think that in a society that is otherwise so sensitive of a consumer's position this is conduct that should countenanced.

 

Hope that helps?

[markez78uk]

Thanks for the info

had a letter back today saying they are looking into my complaint and have asked for my full file .

they will let me know within 28 days

lets see !

[markez78uk]

*Update

i wrote to them last month asking to explain the changes in cmi and also asking for a full break down of how they come to the cmi and to ask exactly what the cmi will be at the end of july as they have given me 3 different figures in writing with a difference of nearly £60-,

 

i also asked them why my cmi was going to be £60 higher than the previous monthly figure of which they have been including charges and arrears figure as in the FCA Findings letter AND ADVISED THEY SHOULD CORRECT THE CMI FIGURE ACCORDINGLY

Nothing back as yet

 

i wrote a secondary letter stating to stop calling me and texting me and to email or write only communication as they keep harassing me

 

since the letters dated back end of june

- i have received 1 letter stating they are looking into my complaint and -7 texts dating over the last 14 days stating to contact them ASAP

 

IM NOT REPLYING TO THE TEXTS OR CALLING THEM

- BUT WILL THIS BE A BAD IDEA ON MY PART IF GOING TO COURT AS IT LOOKS LIKE IM IGNORING THEM

 

Regards

Markez

[AndyOrch]

Im pretty sure they wont inform the court you are ignoring 100s of their harassing texts

[markez78uk]

True

 

Its also so annoying not knowing what they want

 

im awaiting on replies for the above

asked about compensation

asked why the rep lied in court with inflated arrears to get the suspended possession order renewed (after being 6 years old)

 

i advised the judge on my n244 at the time the arrears were inflated and not true to the fact, it was awarded for renewal to kennys as i couldn't prove the arrears where inflated - but i can now nearly £9000

I think i have enough fire power if it does go to court again

 

Just winding me up

i haven't a clue what my cmi is this month as they have stated 3 different figures - should i just pay the highest one that they have stated ?

 

Was £541

then 5 days later got a letter about the FCA findings and they had correct the cmi - £589

2 days late stating due to a change in interest the cmi will be £592

 

im just giving them monies they demand each month

- without any explanation to the rises

 

the thing thats really niggling me

the cmi was £541 and after the FCA Have found kennys had been including lots of extras in the CMI

 

i advised to remove the charges and arrears payments from the cmi by the fca AND CORRECT THE MONTHLY CMI ACCORDINGLY

 

It shoots up by £48 after removing all the extras that where included in it ?

Bloody nightmare

 

sorry for the long replies

- its just so disheartening and getting me so mad

 

every month i have to wait for a letter to see what i have to pay and it always come 2nd class 16/17 days before the payment is due

[markez78uk]

*Update

Kennys have replied to my complaint

 

 

point 1 -,I would like a full break down of how you have come to the figure of £8**** also to show all the charges and fees for telephone and letter charges and also solicitor and courts cost along with the fees you charged us for field agent visits that have also been included in the cmi figure .as we feel the above figure is incorrect and should be a lot higher .

 

Kennys response - we note you would like a breakdown of ho we reached the sum of £8****,enclosed is a statement which details the position of your account before the adjustments , including your cmi,along with the view after the amendments were made and the redress amount - (NO Statement was included in the letter !!!) Godsake !!

 

Point 2. 1 would like a break down of how our CMI monthly installment is Calculated

 

Kennys response - you may remember a previous compliant was raised by us about the interest and calculation of cmi . we issued you a response april 2018 ,should you remain unhappy with our findings you have the right to refer this to the financial ombudsman service with in 6 months .

Based on this we have not included details of the events which have already been investigated ..

(the letter from april 2018 just states cmi is calculated due to change in your mortgage contractual interest rates and libor rates every 3 months)

 

Point 3 - please explain why my cmi has gone up by £40 after the redress of the cmi after the refund of charges that were included in my cmi from previous months as in th FCA Findings and why you have sent 2 different letters within a 4 day period with 2 different cmi totals ?

 

Kennys Response - NOTHNG kennys IGNORED POINT 3 !

 

Point 4 - we are unhappy with text harrasment all the time ! constant barrage of texts

Kenny's have change the title of this to - you are unhappy you receive telephone calls,letters and text message - (I DIDN'T COMPLAIN ABOUT THE LETTERS OR PHONE CALLS ! I WAS COMPLAINS ABOUT ALL THE BLOODY TEXTS)

 

Kennys response - as of the date of this letter you are in payment arrears of £***** which is equivalent to 35 missed contractual payments ,therefore whilst the account remains in payment arrears witout an arrangement in place you are liable for telephone calls ,text messages,letters.arrears management fees.credit file damage and h run the risk of solicitors being instructed to begin repossession proceedings .

(they keep stating the arrangement fell apart because i may a partial payment back in dec 2017 )

 

 

point 5 - Can you fully explain that last year when we went to court so you could renew the Suspended Possession order (because it was coming upto 6 years old ) The rep stated and lied to the judge under the instruction of Kensington about the arrears amount as in court and on my defence n244 form i stated again the arrears were incorrect . The suspended order was granted and renewed to yourselves because of over inflated and enhanced arrears figure that was given in court

 

Kennys Response - Ignored !!! No response

 

Point 6 - we are unhappy you keep hounding us all the time for income and expenditure - 25-30 min phone calls when there is an arrangement in place - The court order - CMI + £200

 

Kennys response -Please be assured your comments are appreciated - however if an account is in arrears and our customers financial situation has recently changed .we are required to obtain a full picture of the situation by asking for the above - it then becomes necessary to set an arrangement to clear any outstanding arrears over a set period of time,you need to understand certain information needs to be obtained from you before we are able to assess your case and agree an arrangement .this is inclusive of the income expenditure so we can see if you are able to afford any arrangement which we put in place .

(my situation hasn't changed for the past year !!)

 

Point 7 - we are unhappy you always threaten us with repossession action upon any phone call and this has damaged my health our relationship and ive had to be moved in my job role because i was unable to perform in it due to stress and anxiety this company has caused at one stage.

 

Kennys Response - we appreciate we spoke on the 20th june 2018 - and we explained whilst the account remains in payment arrears you are liable for the above consequences - we understand that a suspended possession order was granted may 2016 the agreement was for your contractual monthly installment plus extra £200 towards the arrears .

 

The arrangement was to be reviewed every 3 months - the warrant was to be re-issued upon default of any payments - in December 2017 your cmi was £660.67 however we only received a payment of £600 ,

 

we are sorry but as a result of our findings ,we are not able to uphold your complaint against kensington -this letter constitutes our final response

 

Should you remain dissatified with our response you have the right to refer your complaint to the FSO Within 6 months

 

Point 8 -You call me and every time i have to explain how the arrears came to the amount they did /forcing me to do income and expenditure forms forcing me to make offers that we can’t afford and then informing the senior team won’t agree that offer so we need to up the offer to even higher amounts and if we don’t yo stating legal eviction action will commence if we don’t set an arrangement up .AT ONE POINT Just BEFORE CHRISTMAS 2017 THE CMI WAS £640 AND YOU WERE DEMANDING £950 A MONTH

 

Kennys reply - Nothing

 

Point 9 : to get an arrangement set up i have to send our income and expenditure form ALONG WITH A INTIAL PAYMENT OF WHICH THE COST DEPENDS ON OUR ARREARS,PAYMENT HISTORY AND ALSO balances

Where do you think we can magic all this extra money up from !!!!

 

Kennys response - NOTHING

 

Point 10 - WE EXPECT ALL COMMUNICATION TO BE DONE BY WRITING OR VIA EMAIL AND NOT TEXT OR PHONE CALLS WE WILL NOT BE COMMUNICATING BY PHONE OR TEXT AS PAST EXPERIENCE IS YOU LIE AND DEMAND DIFFERENT THINGS WHILE ON THE PHONE.

 

Kenny's response - Nothing - however i presume the reply in point 4 is there explanation for this also ?

 

point 10 - And we would like you to apply to the court to get the suspended possession order set aside as within point 5 the order was renewed due to enhanced and inflated arrears figures

 

Kennys Response - Ignored

 

Lastly - Please advise what july cmi is and how this is worked out - as we wont be paying another penny untill we have the correct cmi in place and show how it has risen 4 times in the past month ,

 

Kennys responses - Nothing !!

 

Thats what i have guys and girls - sorry for the long winded

 

Regards Markez

Edited August 2, 2018 by dx100uk
..dx

[DragonFly1967]

I won't comment on anything else because I've not been following this thread, but, with regards to the constant telephone calls and text messages, you are well within your rights to demand that they delete any telephone numbers that they hold for you, and they must comply with your request.

 

This then forces them to communicate with you in writing (or personal visits (though these are less likely)) only.

[markez78uk]

Thanks - thats the thing they are stating because of the arrears they are in there rights to text and call me

[AndyOrch]

So do you believe them or us...either action Dragonflys advice or suffer...I have previously advised you how to deal with these numpties.

[markez78uk]

i believe you guys ,andy

i have blocked there number on my phone and home phone - im just naturally worried as they will go for eviction again - because of none comunication

and i dont know if i can go through all that again

i REALLY APPRECIATE ALL THE HELP AND KIND WORDS it means so much

Regards

markez

[DragonFly1967]

Thanks - thats the thing they are stating because of the arrears they are in there rights to text and call me

 

They have a right to your telephone number if it is necessary to carry out a legal obligation. In your case, a court order. However...

 

They have your address and can write to you, therefore a telephone number is not necessary.

 

If they refuse to remove it from their system(s), your next phone call should be to the ICO. Or failing all of that, your phone provider to have your number changed, then don't give them the new number or ring them (it's best not to do this anyway) without withholding it.

 

 

They could try that (non communication) but unless they can convince a Judge that the Royal Mail (and/or email) no longer exists, they won't get very far

[AndyOrch]

" worried as they will go for eviction again - because of none communication and i dont know if i can go through all that again "

 

Sorry I cant seem to find the legislation that comes under or grounds for a claimant to rely on

[markez78uk]

thanks guys,

should i write to them and ask where the statement is ?

"

"Kennys response - we note you would like a breakdown of ho we reached the sum of £8****,enclosed is a statement which details the position of your account before the adjustments , including your cmi,along with the view after the amendments were made and the redress amount"

[AndyOrch]

Why..... have they not already enclosed one ?

 

" enclosed is a statement which details the position of your account before the adjustments , including your cmi,along with the view after the amendments were made and the redress amount "

[markez78uk]

no see point 1 - they didn't enclose 1

Regards

markez

 

Kennys response - we note you would like a breakdown of ho we reached the sum of £8****,enclosed is a statement which details the position of your account before the adjustments , including your cmi,along with the view after the amendments were made and the redress amount - (NO Statement was included in the letter !!!) Godsake !!

[markez78uk]

also how long do they have to reply to a letter ?

I sent a second letter dated 30/6/18

asking for the arrears to be put to the back of the account - also I asked for an 8 week payment holiday - as ive just moved jobs

ive also asked them apply to the court to set aside the suspended possession order as they got it granted for renewal under false arrears figures

 

and I have had no response or acknowledgement at all to the letter its been 4 weeks now

I sent 1st class recorded delivery and they signed for it the following day

Regards

markez

[AndyOrch]

Then yes ask for the statement...with regards to the rest of your points...who knows ?...they seem to make it up as they go along.

[markez78uk]

Kk i will get a letter drafted up and sent tomorrow

Cheers .

[markez78uk]

I have been sent a letter from Kenny's solicitors stating they have been instructed to recommence legal action

 

I presume it because of the second letter dated 5 weeks ago that I had no response to

stating I wanted a full and actual cmi breakdown and im not paying a penny more until I get the right cmi - (I haven't paid end of July's payment !!)

 

I asked for the suspended order to be set aside as it was renewed with incorrect arrears figures given to the judge

 

asked for the arrears to be put to the back of the account

asked if it was possible for a 2 month payment holiday

 

they haven't replied or acknowledged the letter which I sent recorded delivery 5 weeks ago

they haven't even written to me to advise they will be proceeding with eviction

 

this solicitors letter has come out the blue straight after they stated the above when finalising the response to my complaint of which they didn't even answer all the points I raised ! and it all starts again !!!!!!RGGGGGHHHHHHHHHHHHHHHHHHHHHH

 

GODSAKE

IM Truly …. NOW

Edited August 7, 2018 by dx100uk
swearing merge

[honeybee13]

Hi Mark.

 

 

I expect Ell-enn will be along shortly. You've fought these people off before and I think you can do again, please try and keep some sort of perspective.

 

 

HB

[dx100uk]

instructed if they do is a totally different matter...

I instruct my doc to sit..if he does is ………..