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    • Hi, There is quite a lot regarding my current issues, I shall try be as clear and concise as possible. Dec 2008 - unemployed, applied for £250 credit card from Capital One. Jan 2009 - accepted for £1000. Credit card maxed in a matter of days mainly on gambling and drugs. Called after 5 months activation to remind them I was unemployed and the card was unaffordable. Some sort of payment plan arranged which was rarely upheld by myself, sporadic minimal payments. 2010 - credit limit raised to £1600 without my request. Again all spent on gambling and drugs. Vast proportion of spends on statement show gambling sites. Repayments often withdrawals direct from said gambling sites. 2013 - Mother pays off £1400, notes state student, zero income, unaffordable, mother cut up card. Me and my mother ask for account to be closed but this does not show in notes. Called back once to query any PPI. 8 months later promotional material sent to my door advising account has been upgraded, cashback offer, etc. I ticked the box and sent the form back. Requested new 'lost' card. Again spent completely on gambling £1600+. Many payday loans taken out to try pay back. StepChange charity seeked by myself and was paying them back. Had to cancel this repayment plan as I was again unemployed and it was unaffordable. Debt being chased by Apex. Debt returned to Capital One, they send a letter advising it is with them unless notified otherwise. 2016 - Debt sold to Cabot without notification. Apparently Cabot sent a Capital One headed letter through a third party printing company, which was not received. Oct 2016 - Dispute letter sent to Cabot. 2018 - CCJ issued. Call Capital One to request my application form as I was sure I was unemployed and thought I may need evidence for Court. Incorrect documents sent 7 times, speak to manager who suggests sending SAR and raised a complaint for me. Can't believe contents of SAR, various other complaints raised, investigated and rejected by Capital One. Clear written permission to take to Financial Ombudsman. March 2019 - Court, threatened with prison or full in AoE form. Form filled in. £50 a month taken from wages by Morgan Clarke. Disputes raised with Cabot, AoE eventually suspended. Query dispute letter with no response for over 2 years, CCJ is now offered to be removed but they intend to keep the AoE money and offer me minimal compensation. Now major issues with FOS. As some of the complaints relate to over 6 years ago, state they will not investigate, although Capital One have given consent for this, FOs believe this is not consent but a referral. Account balance stands at £1700+ although the value of account minus interest and other (some now illegal) charges, I work out £4.31. No fixed address, they have my mother's where I do stay sometimes, mainly stay at friends, sofa surf, etc. Lots more issues and lots of evidence. Don't know where to turn.  
    • Is there an angle regarding the Consumer Rights Act 2015 ("CRA")? Assuming it might be unfair for Royal Mail to hide behind not entering into a contract for the purpose of limiting their liability.   From 1 October 2015, the CRA covers all aspects of unfair terms in business-to-consumer contracts which had previously been covered by UCTA and the Unfair Terms in Consumer Contracts Regulations 1999.  It deals with implied terms in relation to the quality of goods and services, including digital content, and regulates attempts on the part of a trader to exclude its liability for breach.  The CRA also introduced a "fairness" test.  Any term which causes "a significant imbalance" in the parties' respective positions, to the detriment of the consumer and in a way which is contrary to the requirement of good faith, will be regarded as "unfair".   A term that is "unfair" is not binding on the consumer, and the consumer can treat it as struck out of the contract. The remainder of the contract will stand if it is capable of doing so according to the usual principles of severability.
    • scan or keep everything they have  6yrs. do not move without informing them.    
    • Just an update.. Final Payment was due 19.11.2019. Its now 18 days since then and no letters or mails. Not sure if they have given up or are spending time thinking on other ways to threaten... Thanks for following this and I hope it helps anyone else facing the same issues..   Rgds Tom
    • I did notice it wasn’t from the actual Solictors who sent the pap form
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Thanks DX 

Will do

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Good afternoon I've just got back from work .

And Kenny's have sent a 3rd letter stating they see eviction as a last resort .

 

And the letter states . We hold a possession order against your property .

 

We are writing to you because you have not maintained an acceptable level of payment or reached a mutually agreeable payment arrangement with us .

 

As a result we have instructed our solicitors to request an eviction date from the court bailiff .

 

We genuinely view eviction as the last resort .

We have for some time attempted to resolve this matter without resorting to repossession action , but your failure to pay or make acceptable parent proposals to reduce your arrears leaves us with no alternative ...

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* update 

As of the above 

I have missed April 2019 payment out of the past 9 months and have paid the cmi plus the court order of £200 for all the other months ! 

 

I love how they state as 

We are writing to you because you have not maintained an acceptable level of payment or reached a mutually agreeable payment arrangement with us .

 

The arrangement by a court judge is cmi + £200 

also they have had 9 cmi payments along with 9 extra £200 each cmi payment is due ! 

 

my wife is going to call them .

as the reasons for the  eviction are ridiculous.

i will update after the call.

also I will upload the letters tomorrow at work as house scanner doesn't seem to be working .

regrads

markez

 

 

 

 

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what have said about ringing them!!

instructed does not mean WILL


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi DX . Wife needed to ring them because she was so so upset and angry and wanted answers ..

I always write to them. .but we needed answers to why they were persuing an eviction ....I hope you guys are ready for the answer !!!!

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no!

its what they want you to do. react

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I know DX .. but she needed answers 

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Update * after wife rang them *

The call handler confirmed they have had 9 months of full cmi payments along with 9 months of £200 towards the arrears (£1800) extra.

And they have had the full payments for may and June .

 

She placed my wife on hold for over 25 minutes .

Then she came back with the BOMBSHELL.

She offers her full apology and states after speaking with her senior supervisor the letters and instruction to get the possession order shouldn't of occurred ! And are a mistake .

 

She then placed my wife on hold and said she would call the solicitors and the the application for possession canceled .

She came back and said all canceled and again accept her apologies for the user this mistake may have caused ..

 

Wowsers - polite word 

She said to contact my local court to confirm all had been canceled .

 

Over the moon .. thanks for being there and listening .

I'm now awaiting the £50 compensation letter from Kenny's . I will be emailing the fos again to show what hell this company put you through ! 

 

Regards

Markez

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Instructed does mean it's going for eviction, that's way they haven't said may instruct. 

 

Anyway, all this isn't helping this man, neither is '...you have been told not to...' 

 

Try to stay calm, it's not over yet. Please let us know what they say. Just stay strong, I'm sure El or HB will be around soon.

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Posts crossed. Well done, and I bet you are pleased you rang now.

Relax, chill out and blinking back of the net.

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Thanks for all the help DX and thanks spud ..

And everyone else that has always been here ..

Can't believe it's been a mistake 😱🤒😠😠😠

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I hope they're going to put all that in writing ?


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

 

 

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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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I will write to them and ask them to confirm in writing ..

Thanks ell 

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I have called Lightfoot solicitors ..and they have confirmed it's been canceled and they will send me written confirmation.

 

I can't believe a company can accidentally apply for an eviction by mistake.

 

3 days of utter distress and disruption to our lives for nothing 😭😭

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Update*

Kensington have written to me to advise all legal action has been canceled .and so has Lightfoot solicitors they have also confirmed it's canceled .

Kensington have refunded the enforcement fee along with also resetting  up the arrangement on the account .. so thank god it's all been sorted .. 

 

Thanks to everyone on here for being there and listening and helping .

Anybody reading this . If you are prepared to fight and listen to all the people on CAG you have a fighting chance ...

Hold your head up high and seek help and advice straight away .. 

These guys and girls have saved our home numerous times ..

 

Thanks everyone 

Regards 

Markez

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*apparently issuing the eviction was all a big mistake . So. I have now sent a complaint letter in after the legal side was sorted ..

 

Thanks again 

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should be asking for distress compo too.

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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You've certainly been through the mill a few times Markez,  well done for getting a good result this time.


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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