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    • If you don’t want to discontinue before they pay, and they won’t pay before you discontinue: Just let the claim continue for now. You can suggest a Tomlin order (“Consent Order”), drafted at their cost, as a later way to resolve that impasse - that may make them see sense.
    • Hi Taximan   I will respond to this tomorrow at a better time - Ill have a further response for you.    
    • A few years ago I had a lot of cheque cashing loans rolled over with the Money Shop.   I only found out very recently that these are still classed as pay day loans and are therefore claimable for irresponsible lending.   I sent them the SAR which I recieved, and then the complaint.   After a bit of padding out they have sent me their 'final response', which is copied below.   Could someone please advise me how I should proceed. Many thanks   Thank you for taking the time in bringing your complaint to my attention on 04 Apr 2019 and for giving me the chance to put things right. I have now finished my investigation.   complaint Please read this part carefully as I will explain how I understand your complaint.   This is important in how I have reached my decision: We received your complaint via email on 04/04/2019. You believe that the loans were mis-sold to you by Your us. You claimed that the loan payments which you paid to us left you with too little money and that the loans were unaffordable. You claimed that you not afford these loans and after making the repayments to us, you had to borrow again to get through the next month. You claimed that we should have realised from the number of times you borrowed that your debt problems were getting worse and it was not responsible to continue to lend to you. Your lending took place between 10/03/2008 and 28/12/2012.   My Decision: We handle complaints following rules set out by the Financial Conduct Authority (FCA).   One rule is that a customer must complain within 6 years of the problem. Another rule is that if more than 6 have passed, you must complain within 3 years of knowing you could complain about the problem.   I can see that all of the loans that you are complaining about are more than 6 years old. So for me to consider these loans, I need you to tell me why you didn’t complain about these loans until now.   Next Steps: I appreciate that this may not be the response you may have been hoping for but I hope you can see how and why I have come to my decision. If you are not satisfied, you may also ask for an independent review by the Financial Ombudsman Service.   You have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter.   If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.   Please also see: www.financial- ombudsman.org.uk/publications/consumer-leaflet.htm A leaflet from the Financial Ombudsman Service, “Your Complaint and the Ombudsman” is available by post only; please contact us if you would like a copy to be sent to you.   If you have any queries, please do not hesitate to contact us either via telephone or email using the details below and quoting the Case Reference number above. Our telephone opening hours are from 9am to 5pm Monday to Friday. Yours faithfully,   Customer Relations Department T: 0800 280 2548 E: customerrelations@themoneyshop.co.uk The Money Shop is a trading name of Instant Cash Loans Limited. Instant Cash Loans Limited is a company registered in England and Wales, Company Number 2685515 Registered Address: 6 Bevis Marks, London EC3A 7BA Regulated by the Financial Conduct Authority in relation to credit-related activities. VAT Registration Number: 896 1022 16   *Please note that for training and security purposes, telephone calls may be recorded Letter Code - FRL  
    • Yep they are jokers.   But with a bit of stalking on linkedin and some digging i managed to find the emails of the key people who head up customer service. Needless to say i was taken care of very quickly.   Can the admin please make this a sticky for anyone else dealing with parcel2go?   n.schofield@parcel2go.com g.iveson@parcel2go.com Stephen.benson@parcel2go.com
    • Wow... made a complete hash of trying to reformat this after accidentally hitting post before I'd finished. Post above can be deleted if needed.     Then things started to become difficult     Obviously I'm not going to withdraw until I receive payment, so I completed N205A requesting Judgment on Admission and including their admission forms they sent to me. I was also mailed a copy of the companies accounts. I'm happy to upload these but I believe they are what is freely available over at Companies House.     Sent off the docs to CCMCC and expect to have the Judgment in the next few days. I'm not sure I fully accept they panicked and considered themselves out of time, because they replied to the claim a day before the forms were considered as Served by CCMCC. I think though, that rather than a discontinuance from my side on payment, to get a judgment may be beneficial to others in the future.   I'll update this as soon as I have payment or an update from the courts. I'd call this a win!
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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markez78uk

Kensington SPO **stayed** - now trying again **WON** (Payment late, now worried)

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ok thanks

yeah the arrears are 21k but this includes the £592 for the missed payment

and i will be paying £792 on the 28th of august

 

and i sent the letter thanks so much ell

i take it i deffo shouldn't call them

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Looking at those two letters from Kenny's and the solicitors, I might be tempted to ask Kennys when you next write (wait for the time being for the responses to your letter) to confirm there are no costs being added to your Capital balance without any advice to you for the employment of these solicitors or any other third party costs.

 

Just bear in mind what I mentioned previously that these costs get added to your account without notice to you and without any opportunity presented to you to pay any of these costs off so you don't have to pay interest on them over the next 25 years or however long the term remaining is.

 

You need written confirmation there are no costs you don't know about going on that capital balance and if there are, then you need to put into writing you are to be informed of them, with a complete breakdown of what they are for in order that you can mitigate the effect on your finances of interest accruing on those costs.

 

We don't like surprises when it comes to being ripped-off now do we?

 

Wait for the response to your letter as Ell-enn suggests and see once you have set all this up and started making payments how you can fit that question in to them. Don't jeapordise the current situation by asking now, pick your moment when things have settled, but you need that question answered. " What costs are being added to the capital balance that you are not advised of, if any ? ".

 

You have to treat Kennys like a one-armed bandit which lets you use an open ended credit line on a credit card instead of cash and who then won't let you out of the arcade until you've paid every penny off. The machine just sucks every penny out of you too!

 

Sleep tight.


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Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

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:wink: Very good

We could do with some help from you.

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Thanks Andrew1

Awaiting the response from kennys

I feel a bit better now seeing the line - we will cancel the eviction if we can agree a payment to clear the payment arrears

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Might be an idea to email them and say you have received their letter regarding coming to a payment arrangement but you have already sent them a proposal which you hope they will respond to quickly. If you didn't email the letter yesterday then attach it to this email.

Make sure you have a correct email address for the right department that needs to know about your letter.


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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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Morning ell.

I don't have an email for kenny's.

I had an old email address ,but they have said they don't deal with emails in the past .

Should I send abother letter asking them to respond quicker ??

Regards

Markez

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Hi Mark.

 

 

I don't know the answer to your question, but I've let Ell-enn know that you have a question. Please bear with us, I'm sure she'll be along soon. :)

 

 

 

HB


Illegitimi non carborundum

 

 

 

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The solicitors have sent another letter dated the 6th

It states ..we refer to the hearing which took place in 2007.

An order for possession was granted suspended upon payments of the current monthly instalment together with £100 each month to reduce the arrears. That's not my typo ! The order is for extra £200 !! They can't even get that right !!!

 

As you have not complied our client has instructed us to enforce by applying for an eviction date to be set ..

 

Grrrrrrr

 

I will upload the letter later this evening .

Regards

Markez

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The real issue is that you have not maintained it.

It's two minutes since Ellen told you not to miss one payment or they would be after you, and here you are.

 

There will come a point where you run out of chances, despite the excellent advise on here.

I fear that time has come, you just can't go round in this big circle.

 

I genuinely wish nothing but the best for you, you need to take care.

Edited by dx100uk
quote

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I know and it makes me feel so down .

 

I have missed 1 payment to and I'm trying to make it up

...I really am .

..oh no I don't know what to do it churns me up so much

 

Regards

Markez

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Mark, have you considered taking financial advice to organise your finances so that you always make the mortgage payment? Or is life more chaotic than that?

 

 

HB


Illegitimi non carborundum

 

 

 

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Hi hb

I wrote to them to ask if I could have a payment holiday for a month and also I advised I was moving jobs .

they ignored me and didn't reply .

 

Im only in a mess because I moved jobs to a better paid job and old company took £500 off my wages when I left .

.I just hope a judge can see I have tried all my best to advise Kenny .

Who didn't want to know and just went straight for eviction

 

also the arrear were just over £30k when I went to Court in 2016 they now stand at 21.1k and I will be paying £792 in the next 2 weeks so will be down to £20.3k approx .

 

Kenny's just won't listen and pass me from pillar to post and lie when I call them ..

they tell u different thinks each time u call …

 

I haven't called them and they keep sending letter saying to call them ASAP and texts to say call them ASAP

I have written to them but they keep ignoring my letters .

 

We are financially stable now with the new job and can't wait for the day I can leave these criminals ..

I feel so so down and dread each day to day .

Markez

Edited by dx100uk
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It must be hard.

 

 

I was thinking more of an independent advisor, maybe the CAB, who can give you tips on organising finances and maybe, once you're back on an even keel, building up some kind of fund to dip into for the mortgage in the event something unexpected happens.

 

 

HB


Illegitimi non carborundum

 

 

 

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Mark, it's not over yet and isn't until the fat lady sings!

You still have a chance even before any eviction to convince the judge of events which appear to have improved somewhat since 2016 as you say, but I know I go on about this over and over

- there are costs gathering apace behind all these actions and if you are going to find yourself in court again, that's the time to bring this frustration of yours to a head and lay it to the judge that life would have been so much better if Kennys had been giving you some forbearance and actually answered your letters.

 

If it's possible, can you make some kind of schedule of letters you've written, the key questions asked, the length of time you waited for a reply before having to write again?

 

You are going to need hard evidence of all this to lay in front of the judge so that he can take one look and see how unhelpful Kennys have been. He needs to know what difference it would have made to you at a time you and your family were under so much stress.

 

I'll come back later, but get this started as soon as you can because it will make a difference.


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

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I know and it makes me feel so down .

 

I have missed 1 payment to and I'm trying to make it up

...I really am .

..oh no I don't know what to do it churns me up so much

 

Regards

Markez

 

Hi

 

Please don't feel down and allow me to apologise if I've made you feel that way.

 

You have received some gold standard advise today, and you should be encouraged by it, but you must follow it mate. Stop second guessing, no wonder your head is going around in circles. Have you spoken to anyone about how you feel?

 

There is no reason why you can't sort this, but please look after yourself.

  • Haha 1

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It's fine spuds,u have nothing to apologise for,

 

Thanks Andrew ,

Yes I will start gettin my evidence together ,I have 4 recorded receipts for the letters and 4 signatures

 

I have the reply from my complaint that didn't cover everything from their reply along with the missing statement they said they had sent explaining the redress

 

they still haven't explained how the cmi rose 3 times in 10 days after they were ordered by the fca to remove the included charges and fees that were included in the current cmi ..

surely after they removed this the cmi should of gone down .

 

funny why they haven't sent a statement..I was reading that fca fined kennys for this behaviour back in 2010 aswell ..

 

I'm just stressing not knowing what's round the corner and so glad I have u guys to talk to

 

Thanks everyone for the 5 star help .it means the world

 

Ps I will upload the solicitors letter tomorrow.

cant believe they can't even get that right .

i wish it was only £100 toward the arrears each month , but it's not it's £200

 

Just wish I could sleep

at work at 6am and can't stop my head from overthinking it all

Edited by dx100uk
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I think the thing to remember Mark is that most of the people on this thread have either faced repo or eviction themselves, helped those facing it to get through or have a vast amount of experience travelling the journey with others going through it,

 

What you read on here is not like it was in 2006 when I first came to the forum

when there were a lot of armchair lawyers who 'thought' they knew what to do,

but some hard experience to back-up what they are saying and that includes me!

 

At this juncture, it's not about winning or losing, it's working out the best strategy to:

 

a) get your financials into a shape strong enough to support the next 6 months while getting out of this current state of affairs and

 

b) getting the right strategy and evidence together to get you past any attempt by Kenny's to obtain an eviction.

 

People do get to this stage and then put the judge's mindset into a positive mode and you have shown that since 2016 you have made some really positive steps to bring your arrears down - that's a big positive at this point in time so record that.

 

You have also, despite these horrendous worries hanging over you and the fastidious neglect of Treating Customers Fairly by Kenny's, managed to secure yourself a better paid job which is miraculous given the stress you are living through and this new job is being jepordised by Kenny's draconian stealth tactics and unjust enrichment by their unprofessional recklessness which just adds charges to your account just because they refuse to answer your letters or listen.

 

All that needs to be placed, with supporting documents as mentioned above, in front of the judge to stop this eviction and allow you to continue.

 

I'm not sure what Ell-en will recommend with regards to your next move on the solicitors letter, but just keep your faith in yourself, don't beat yourself-up about this - this is not your fault, If you had known what this company was like before you entered into this mortgage you'd have never gone near them - it's the broker who needs to be in court who recommended them in the first place (if there was one) because they should tell you what a bunch of shysters they were.

 

That's all for later, but get some sleep and try not worry, you can get through this, it'll be a fight, but you can do it.

 

Just prepare for the next presentation for the court as there won't be many chances left.

 

Sleep tight and don't be too hard on yourself. We are all here for you.

 

Andrew1

  • Haha 1

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Thanks so much for the positive words Andrew1

I'm so grateful

I just hope I can get this one last chance sorted

 

please also find attached the new letter from solicitors

instructed to repo.pdf

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Okay, I'm not going to pre-empt what Ell-en might suggest you write back, but if this were me I'd be sending (if only for the Judges benefit when/if the day comes) to state that you have written to their client advising them of the improvement to your finances and have submitted a proposal to them with regards to bringing the account into order and advising them of your new employment which enables you to do so, but they have yet to reply.

 

I would also point out that your situation has been frustrated by the lack of responses to your 'x' number of letters sent to their client where you have tried to engage with them which they refuse to answer. Their suggestion of telephone conversations is not something you wish to undertake due to the stress it entails and the emotion involved and you have respectfully asked their client to maintain everything in writing, which they seem to be ignoring frustrating the situation all the more. not something you expected from a professional organisation such as Kenny's (God forbid the language, but you are writing this for the Judge to read, not because Kenny's deserve it!)

 

If you can get that into what Ell-en suggests then do.

 

All you are doing now is writing for the Judge to see you have made the efforts which are being ignored and to be honest Mark, remember this is all going to plan for Kenny's because this is their business model, get it out of your head this is your doing. Okay, you fell behind, but they are after your equity now and that's how they make their money.

 

If you had the equity in the property they could have looked at consolidating the arrears into the capital, increasing your monthly payments and letting you get back on-track. Not sure if you've asked them to do that without going back over the thread, but it's generally not in their interest to do that. They make their money on the higher interest rates, the wanton charges for everything and then make you pay their legal costs (as mentioned in that letter you just posted - ask for a breakdown of what they are to date) and then on the repo/resale. The business model is stuck to rigidly so people who fall foul of their ways pay heavily.

 

That's why you are not to blame for most of the situation you are in, you are just another victim.

 

Same with Swift and numerous other sub-prime lenders. It's no help to you, but these companies all operate on the same business model and have a well-oiled machinery behind them to bleed you dry and spit you out. The Courts can only go so far and you'll only get 10 minutes in Court to put your case forward to convince them to support you. Even if you get a 6 month reprieve (suspended possession Order) to show you can do it, but you can't mess up thereafter or you'll lose out. Better to sell than be repo'd believe me. Give this some serious thought. Keep a plan B in place as you can't always rely on a Judge to go your way and if eviction is rubber stamped in Kenny's favour, you'll only have days to sort yourselves out, not weeks or months, days!

 

Be on top of it, work on pleasing the Judge, but that letter you posted above provides you with the option and Ell-en may come up with a few choice words to work with.

 

Good luck, Keep strong.


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Again thanks for the kind advise andrew1

I will see if ell can help me draft another letter to them .

I'm hoping I can get this months payment on the account before the eviction day

they have text me again this morning stating I need to call them ASAP

 

 

They have stated on both there letters if an arrangement can be agreed they will cancel the eviction - however they wont reply to me asking for an arrangement - so I feel that's deeply in my favour - I also asked what the current cmi will be end of july in my last letter as it changed 3 times within 10 days and they didn't even advise that .

 

 

I have no plan b apart form going to council if the eviction does go ahead - but I really hope it doesn't :(

 

 

*we re mortgaged back in 2006 and was advised we would be ith SMPL Who then sold the mortgage to Kensington we were happily paying the payment to be then told 12 months down the line we had been on discounted 1 year rate and the mortgage payment shot up from £480 a month to £1065 a month that's when the initial trouble started ,apparently the mortgage broker that sorted out the re mortgage forgot to put that in the paper work we signed and also stated a self certification wage for ourselves as it turns out or paye wages back in 2006 wouldn't of got us the re mortgage as we didn't earn enough as well - he ran off to dubai we know a few people who used him :(

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Just checked the tracking - they got the letter Saturday that ell kindly helped me with - same person signed for it that signed for the letter that kennys didn't reply 2 - hope its not the cleaner lol

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I wouldn't normally advise ringing them, but it might get you some clarification that they have your letter. Ring them (record the call) and ask if they have your letter - advise them that it's in response to their letter stating if a payment arrangement can be agreed they will stop the eviction - and when are they going to respond to it - DO NOT get into any conversation about payments/income & expenditure etc. Tell them these telephone calls are causing you severe stress and confuse you when they ask questions which is why you have been sending letters . All the relevant information they need is in the letter and all you want is a reply. Probably wait till tomorrow before you contact them to give time for the letter to hit someone's desk. If they say they haven't got it ask for an email address to send it to.


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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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ok I will call them tomorrow (the dread) , thanks ell past phone calls is that they wont setup an arrangement without income and expenditure and awaiting a senior management team member to make the final call to accept or decline or they try and barter with you saying we may stop the eviction if u can pay more .

not quite sure what that link means Andy sorry I'm a bit thick

 

Thanks so much guys and girls

 

*do I have to tell them im recording the call ?

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