Kensington SPO ***Resolved***

[Ell-enn]

I'd go to the FOS and tell them that Kensington are trying to change the payment the court ordered which you are maintaining.

[dx100uk]

and complaint about poor compo for your complaint...

[markez78uk]

hi guys

i dint think they are trying to change the payment as such , i feel if i send and income and expenditure and if it shows more affordability they will demand i pay more than whats been fixed by the court

 

haven't a clue were the 3 months review has come from tho i think thats from when i agreed to make higher payments back of last year and they stated they would monitor it for 3 months .

 

i haven't any extra magical income so they wont be able to grab any more

 

as you guys have said and i really appreciate the help

- im paying as in line with the court order ,and to be mega honest im not to sure why they have awarded a £50 refund ?

 

but i will try and get a letter done to send to the fos over the weekend

 

Thanks Alot

Regards

Mark

[Ell-enn]

They wouldn't be asking for I & E information if they weren't thinking of trying to increase your payments ! they will assume you don't know that you only have to pay what the court ordered. I'm surprised they're still banging on about it after you sent them a letter saying you were only required to pay what was agreed in court.

 

 

Let them stew for a bit, if they threaten to take it back to court - let them get on with it - at some point their legal team would come to their senses.

[markez78uk]

Good afternoon - update

so i havent sent the income and expenditure and i have been paying the cmi + £200 and heard nothing (blessing)

 

however the BIG BOMBSHELL - i have just received a letter today stating the following

 

we are contacting you withing guidance issued by FCA

The guidance which was issued in april 2017 ,clarified that after june 2010 mortgage lenders should not have automatically included any payment arrears balances in calculation of the regular monthly payment ,whilsy at the same time asking customers to repay the payment balance separately .

 

The fca expects this practice to STOP & where this resulted in customers being over charged or otherwise unfairly treated ,action taken to correct the account and if appropriate compensation paid !.

 

kennys reply with the following :

 

following a review of my account we can confirm that your account has been impacted and that your contractual payments was previously calculated including the payment arrears balance.

 

we acknowledge this was not in accordance with the fca guidance and as a result the amount we requested you to pay each month was incorrect and you may have been incorrectly charged fees and expenses.

 

please accept our sincere apologies for this and our assurance that changes have been made to our systems,procedures and controls to prevent happening again .

please see below what steps we have taken to put this right and how this has affected your account

 

1. we have corrected your payment arrears balance and account balances to what these would have looked like had your contractual monthly payment been calculated without including your payment arrears balance .

 

2. refunded any payment arrears fees and charges that we have charged you were these would not have been due based on the correct payment arrears balance .this correction includes a recalculation of the interest charged to you .

 

3.Where applicable , compensate you where you have overpaid each month as a result of your CMI Being higher than it would have been had we not included your payment arrears in the calculation of your monthly payment.

Compensation has been calculated at a rate of 8% per annum less 20% for basic rate income tax ..

 

 

Your account correction is as follows

 

Adjustment to payment arrears balance -£8443.01 taken off the arrears was £28k now £20k

 

compensation at 8% simple interest per annum £0

 

less 20% income tax on the 8 % £0

 

refunded charges including historical interest £0

 

so here my issue >

£0 compensation

 

when the 6 years came up to renew the suspended possession order kennys won it on 1 thing the size of the arrears - of which i stated in court wasn't correct so they liedk

 

i also have a letter when i complained to obundsman stating the arrears balnce wasnt included in the cmi payments - again they lied

 

i question why my cmi payments kept rising each and every other month - they explained due to the libor rate - again a lie

 

The total balance on my account last month is exactly the same this month ?

the initial mortgage was for £97k

i hade arrears of £28k and the im on interest only and the outstanding balance was £133k

 

after they have just knocked off £8k the balance outstanding is still £133k ?

 

They also stated above the cmi payments were high because of this error and now have been corrected ????k

 

3 months ago the cmi was £540 last month £545 and now this letter STATES

 

Going forward the repayment of any missed monthly payments,future fees,charges and unpaid insurance costs will no longer be automatically included in your monthly Payment so we have changed your monthly payment to reflect all the above and account changes !!!!!!

 

Your new monthly CMI Payment will be £589.84 from 1st of july !!!!!! going up again another £40

 

Please can somebody help drafting a letter to send to get compensation ?

 

as i have sufferd,anxeity,depression,,relationships and work issues all because of their demanding higher payments and harassment since 2007

 

also how can the cmi payment be even higher again now they have removed all the above arghhhhh

 

Thanks for reading

regards

markez

PS DX I havent even been on the phone to them

Edited May 24, 2018 by dx100uk
Spacing

[dx100uk]

Scan it up topdf

You pay what thejudge ordered

[markez78uk]

hi dx

bit confused scan what to pdf ?

also confused that my cmi was 545 thus month and now after kennys admitting they where charging for extra stuff in my cmi and they have now corrected it the cmi is going upto £589 even after wipping £8000 off my arrears yesterday .

can some please help draft me a letter to send to complain and seek compo - as I have to send to them before I send complaint to fos

 

Regards

markez

[markez78uk]

judge order was cmi + £200

but as ive always stated that they kept upping it they even stated in a letter that I have that they hadn't put any extra charges in the cmi lol

[dx100uk]

The letter in post 595....

Read upload

[markez78uk]

am i scanning it up to this site ?

sorry for being a numpty

not done that before

regards

markez

[honeybee13]

am i scanning it up to this site ?

sorry for being a numpty

not done that before

regards

markez

 

 

You're scanning it to this thread. If you click on the word upload, there are instructions.

 

HB

[markez78uk]

aww ok I see

Thanks guys and girls

I will upload later this afternoon

Regards

Markez

[Ell-enn]

I think you should write to them advising that you find their letter confusing and ask for a detailed calculation showing how they have arrived at the new figure, with an explanation at each stage of payment change. If you don't get a satisfactoty response then go straight to the Ombudsman to see if they can work it out.

[markez78uk]

Good Morning ,

sorry been away from the computer over the weekend ,

struggled the other day to upload the letter i will try again today

thanks ell

i will try and draft a letter later today .

Regards

markez

 

I think you should write to them advising that you find their letter confusing and ask for a detailed calculation showing how they have arrived at the new figure, with an explanation at each stage of payment change. If you don't get a satisfactoty response then go straight to the Ombudsman to see if they can work it out.

 

with an explanation at each stage of payment change.? do you mean the cmi payment that kept changing from month to month ????

[Ell-enn]

with an explanation at each stage of payment change.? do you mean the cmi payment that kept changing from month to month ????

 

 

Yes, you want to know what the reason is for any change

[markez78uk]

really struggling trying to upload the docs ?

and kennys have called me 3 times today ????

[dx100uk]

Carefully read upload use pdf only

Ignore kennys

[markez78uk]

ok thanks

i will have another go over the weekend

Cheers

Markez

 

best i could do Pics saved as pdf

as couldn't get my scanner to work

 

also one last thing - the letter states they are correcting may cmi payment accordingly

but in July 2018 it will be going up by £40 ?? anyone any ideas - as the balance has gone down and now the arrears are down by £8000

 

Thanks

mARKEZ

 

ps DX Have a look at page 4 they are obsessed with phone contact ... they have called me 7 times in the last few days :0

Corrected Payments.pdf

[honeybee13]

But you're doing what Uncle dx said about keeping off the phone, aren't you? From what you say, they don't want to put things in writing so they can't be proved wrong later on.

 

 

I think there's a wording you can send them to say you only want to deal in writing, hopefully someone will be along to advise on that.

 

 

HB

[markez78uk]

hi honeybee

yup i haven't answered any phone calls ..

just trying to see what i can do about the above - Regards

Markez

[honeybee13]

Well done on the phone calls.

 

 

HB

[dx100uk]

they have shot themselves in the foot big time here

and you should sue them for unwarranted harassment.

 

you have the written documentation to prove they continually forced you to pay more and harassed you on almost a daily basis.

they knew they were wrong to do it

you knew they were wrong to do it.

 

this could be worth £1000's statint that they have deprived you off too of all the extra money and

 

they ARE entitled to compensate you for the 8% statint that they have deprived you off too for all the extra money they've charged

[sonsin]

Hi Everyone,

 

I have never posted on here however I would just like to say that the information here is invaluable. I was saved today by getting a suspended possession order by following the information in these threads and I am sure there are many more people reading whilst not commenting.

 

I am very thankfull for having found this

[dx100uk]

Kenny's?

[markez78uk]

aww thats great new Sonsin

the guys and girls on here are well no words better than life savers !!!!

i have been saved several times !1

i cant thanks everyone enough