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    • Hey,  I've messaged my husband but he is not contactable while he is in work. As soon as he is on his way home I will find out which finance company we used. I'm so sorry, I just don't know.
    • Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act. How long have you been aware of this forum? We will have to bring that out later when you do your witness statement. Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything. And in particular, as I have indicated, read the thread which I posted above very carefully and in particular we the details of the contractual terms which were discovered and get a copy for yourself. Post a link to them in this thread as well for other people to see. They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties. You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court. In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming. We would strenuously suggest that you don't give up a single penny. Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.
    • If there is no reply to the "nasty" mail in 48 hours, then please come back here and we can assess what to do.
    • In particular, read this thread carefully. it is a very long thread but be patient with it. Eventually you will come to the witness statement and also had a point where it was discovered that Packlink's terms and conditions make it clear that Evri have a direct responsibility to the claimant and the judge awarded full judgement to the claimant on that basis. We have applied for the transcript but it will probably take six weeks or so. If you're mediation fails and you go to trial then I'm sure that the transcript will be available for you. It puts an end to the claim by Evri that you should claim against Packlink and it puts an end to any need to rely on the Contracts (Rights of Third Parties) Act 1999
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Difficult Problem With Kensington Mortgages


NW_Biker
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Hi,

 

My mother has a difficult and complicated problem with Kensington. I have only just found this forum and reading the experiences people have had with this company has got me very worried.

 

My sister died at the end of last year. She and my mother have been resident in the property for almost thirty years. The property was in my sister’s sole name and it was left to my mother in my sister’s will. My mother holds the Grant of Probate and is administering the estate (which has no value apart from the property).

 

My sister’s main mortgage was with GE Money, but following some financial difficulties she took out a fixed sum loan with Kensington in 2006 which was secured against the property.

 

Until my sister’s death the payments were kept up to date, but no payments have been made since then.

 

My mother has negotiated with GE Money and they are prepared to let her stay in the property as long as she keeps up the ongoing mortgage payments to them, which she has done.

 

The first mortgage with GE has around £190,000 outstanding and the loan from Kensington was for £24,000.

 

In July my mother received a letter from Kensington saying that they were commencing possession proceedings.

 

Since then, she has had no communication from Kensington or their solicitors although she has received an account statement for August which includes fees for a solicitor’s letter, solicitor’s fees and court fees.

 

Since my sister’s death Kensington have been adding a monthly arrears fee of £50 per month to the account

which now has £26,000 outstanding.

 

My mother wrote to Kensington last week asking why the court charges and solicitor’s fees were added to the statement as we had had no communication from either and asking for a complete transaction statement for the account. She also asked them to provide a full and detailed explanation of how they calculate their arrears fee.

 

Today she received a letter from Kensington which answered none of the above queries and simply asked if she intended to sell the house and that they were entitled to charge arrears fees.

 

The property is in a poor state of repair and has been converted for a disabled person (my sister was tetraplegic).

We doubt that its sale would even cover the outstanding amount owed to GE Money, so Kensington are unlikely to recover anything from the possession.

 

My mother is 76 years old and is terrified that she is going to lose her home, so if anybody here on the forum could offer any advice it would be much appreciated.

 

Thank you.

Edited by NW_Biker
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cant see the point is them forcing a sale

 

they'd get nothing anyway

 

GE would grab it.

 

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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