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Kensington Financial Management paid wrong creditor - now got CCJ!!


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My son got himself into difficulties and set up a Debt Management Plan with Kensington Financial Management Consultants, or so he thought.

 

He lives in another Country from me so I have to send all of his mail to him.

 

He now has a CCJ against him from a Company called Close Bros Military Services. According to them, he has not been paying them any money and they do not have a Debt Management Plan with Kensington.

 

I contacted Kensington as I now have authority to discuss my son's account with them.

 

They informed me that they have been receiving money from my son regularly

and have been sending it to Close Premium Finance with a slightly different Ref No.

 

I informed them that this is the wrong Company and a slightly different Ref No.

 

Kensington have said that they would reclaim the money sent to the wrong company

and send it to the correct company after setting up a fresh DMP.

 

They have also promised to look into the matter and inform me what went wrong.

 

Now,

I feel that if Kensington have messed up big time,

they should offer some kind of compensation for the damage and inconvenience caused by their mistake.

 

As my son uses my address for his correspondence,

his CCJ may affect my credit rating as well as his own, as my son may now be connected to me.

 

How would I go about claiming damages from Kensington?

 

Also,

can I have the CCJ removed from the Credit Reference Agencies as it was not my son's fault?

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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No replies yet. Anyway this additional info should bump this thread back to the top.

 

I have just discovered that the correct Ac No was given to Kensington

as the account was transferred from another Debt Management Company.

 

Therefore, Kensington is at fault for sending the money to the wrong company.

 

The last digit of the Ac No was 1 and somehow, Kensington changed it to 0.

 

Once again,

I feel that as Kensington have messed up big time,

they should offer some kind of compensation for the damage and inconvenience caused by their mistake.

 

As my son uses my address for his correspondence,

his CCJ may affect my credit rating as well as his own,

as my son may now be connected to me.

 

How would I go about claiming damages from Kensington?

 

Also, can I have the CCJ removed from the Credit Reference Agencies as it was not my son's fault?

 

A reply would be greatly appreciated to this request.

Edited by Mrgreengenes
extra word added.

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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His ccj cannot affect you unless you are financially associated with you or you are a guarantor etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Kensington have now admitted their mistake and are looking to offer some form of compensation.

 

They agree that they should pay at the very least the legal fees incurred in producing the CCJ.

But I feel that they should offer more due to the damage done to my son's credit reputation.

 

What would be a reasonable amount?

 

The amount owed is just under £2,000.

 

An ideal amount would be for Kensington to clear the debt completetly and then the CCJ would be set aside.

 

But for their mistake my son would not have a CCJ.

 

Although they could argue that my son should have sorted the matter out before the court date.

 

So that will not happen.

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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I am not sure that on payment of the judgment debt, that the CCJ would be removed - it has to be paid within 28 days for no CCJ to be recorded.

 

I suspect you would need to make an application to set aside the judgment.

 

I will try and find someone who might be able to advise further.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Can you let us know if the court papers/ original claim were received at your address and when was the CCJ awarded ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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dump kennys!!

 

they are charging fees for things YOU could do for FREE!!

 

get an SAr off to them too.

 

you'll be amazed at how little money paid in has actually gone off the debts after their fees and 1st 3mths money pot was taken.

 

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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Regarding the CCJ affecting you, If you google financial disassociation you'll find forms for each of the CRAs that you can send to them if your answers meet the criteria.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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