Kensington, disspointing FOS ruling

[bluestar83]

Hi all,

 

I had a property repossesed via kensington with a 30k shortfall in 2011,

 

I have taken this to the FOS and recieved a final response from the actual ombudsman,

not just the initial people who handle queries.

 

one of my complaints was the fees of 50 for late payments on a mortgage payment of 221.

..hardly seems proportianate,

 

the fos have ruled since these charges were in line with the tarrif of charges that they stand?

 

at this stage i pointed out that since kensignton had purchased my mortgage from unity

and given me no option to appeal or remortgage this is hardly fair?

 

although they have agreed to refund 500 out of around 3000 worth of fees

kensington were also adding there own insurance to the mortgage

despite me having and telling them that i had my own insurance,

 

they have generously agreed to refund in full the premiums

but to date not advised the amount, is this correct?

 

my property was sold in 6 days,

which to me is an eyewateringly fast time for a sale to be conducted at the height of a property crash...

..well mayby not since it was sold for at least 20k less then it was worth..

 

.but apparentlythe fos accepts this as a reasobnable time for the property to be sold,

 

my question here is what is considered unreasonabkle?

 

im assuming that 3 minutes would be?

but how about 3 days?

almost like they had a buyer waiting....

 

kensington have also never details what there SVR is

and despite me complaining about it they have never told me

and even the ombudsman has failed to investigate this.

 

...my question now is

 

do I accept get around 800 knowcked of the 30k

 

the dca wants or do I fight this in court

 

and how would I go about that?

 

Considering bankcruptcy as an option but would like to avoid this.

 

...I have to decide by the 11th!

 

Any advice much appreciated!! xx

[dx100uk]

you will have to tell us the whole story and have you ever sent kennys an sar to get EVERYTHING

 

they hold on you?

 

dx

[citizenB]

If you have your own insurance then kensington were wrong to charge you for their own and you should be able to reclaim this.

 

I too am disappointed at the ruling by the Ombudsman regarding the charges - especially considering the ruling from the FSA regards these. See Redstone and DB mortgages article below -

 

http://www.consumeractiongroup.co.uk/forum/content.php?700-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

[bluestar83]

Thanks for the replies guys,

 

i did an SAR but there were no call transcripts, no details of the sale etc.

 

...I was very dissapointed with the fos,

 

did not expect them to write off the whole amount,

 

but was expecting something with more teeth, expecially given that I work in an fca regulated environment myself!

 

and I have just looked at that article so thinking court action is best, but I cant afford a solicitor?

 

not sure where to start with it really....

 

the FOS were kind enough to extend my deadline for acceptance untill friday at 2pm, and wont allow a partial acceptance,

 

I'm thinking its best just to decline and wait for the DCA to take action??

 

Thanks in advance guys! x

[citizenB]

I thought that all calls in respect of Mortgage arrears were to be recorded now ? It might be worth a call to the FCA see if they have any advice ?

[dx100uk]

yes correct forgot that been in for quite a while now too

 

dx