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    • Well If I pay British Gas £90 a month they’ll be paid off in about 17 months. That’s a long time but if it’s gunna effect my credit rating until November 2023 why bother paying it off early?    Ive worked out too the PDL default will be 6 years old on the 22/01/2020 so is there a point even doing anything with it? If it gets removed after 6 years does that mean I won’t have to pay it back?    Thanks  Andrew 
    • Minor developments:   a) Notification received that case has been referred to County Court at Chesterfield and we've to await the Judge's directions re allocation etc.    b) The letter I sent on 20th August to the agent (Lambert Smith Hampton) that manages the Berkeley Precinct and has its address on the board at the entrance, has been returned by the Royal Mail National Returns Centre, with a sticker saying the "addressee has gone away"!!   Don't they have an obligation to change the signage if they move, and why wouldn't such a large company have their mail re-directed?   The letter requested assistance in obtaining a copy of the contract between VCS and the landowner. I'm a bit mystified, but have found an additional address, so I could resend the letter and give it another try. 
    • urm.. FmoTl twaddle me thinks followed here
    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
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deb66

help please kensington mortgage ge money house repossessed - still a mess

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morning all

 

i think im going to claim against kensington on behalf of my two sis in laws

 

 

one of whom lost her home and is now in rented although she didnt keep up with payments (split up with partner) and they repossessed her home she hasnt even got any paperwork from the repossession etc but i KNOW there will be loads of charges there

 

also other sis in law who is being hammered by £50 charges often

 

what i find is strange is the fact that in the last week i have rang one has said she is in line with the court order imposed at £9 per month above the contractual £199.99 per month and the other said she is in arrears to the tune of £400+

 

she was on a payment plan although in default according to phone call 2

 

she was in default according to number 1 however when i asked in line with the court order they said in default by 40p so we promptly paid £1

 

on her credit file last time she defaulted was may

 

they just tried to add councellor fees on but i cancelled this

 

she has recently been treated for mental health issues and has been told to get letter from gp which we have requested and will forward a copy to them

 

 

 

in the first instance i am going to sar on behalf of the two SIL's

 

wish me luck i will update as we go along here

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with my limited knowledge i would say go for it what have you got to lose good luck x

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Hi

I would agree SAR them, get all the facts and figures. I tried to get the cancelled counsellor visits charges back. Sadly no reference was made to this fact in letters or telephone transcripts so this was refused. A lovely chap called Arran Parry sorted all of mine out. He works for kensington and seems a reasonable man. My advice would be do everything in writing. If it's not written down it didn't happen

 

Good luck

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hi all

posting on behalf of my sister in law

 

she had a house with mortgage that was repossessed in oct 2012 mortgage was with kensington...she owed approx 145,000

 

secured loan on house with GE money taken out late 2007 for 22,500

 

house sold after being repossessed in oct 2012 for 160,000 in may 2013

 

outstanding mortgage paid off and 15,500 went to secured loan with GE money

 

i rang GE money today after 15,500 paid to GE money outstanding debt lies at £31,458.57

 

default letter sent by GE money in april 2008 actually soon after the loan was taken out

last payment made £190 september 2011

 

how has the loan developed like this

 

i am going after charges with kensington but with this lead them to her with regards GE Money?

 

is it worth going after GE money for charges?

 

should she try and hide until statute barred

 

she is on benefits and homeless....atm single with 3 children 12 , 14 and 16

 

she is totally useless with money but i found what she still owed pretty unbeliveable

 

any advice etc please much appreciated im not sure if this is posted correctly please feel free to move or advise many many thanks

 

i havent really got much more info as she has buried her head in the sand and still does she can remember some months kensington charging £200 in charges etc we havent any paperwork but do have account numbers

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Default help please kensington mortgage ge money house repossessed - still a mess

hi all

posting on behalf of my sister in law

 

she had a house with mortgage that was repossessed in oct 2012 mortgage was with kensington...she owed approx 145,000

 

secured loan on house with GE money taken out late 2007 for 22,500

 

house sold after being repossessed in oct 2012 for 160,000 in may 2013

 

outstanding mortgage paid off and 15,500 went to secured loan with GE money

 

i rang GE money today after 15,500 paid to GE money outstanding debt lies at £31,458.57

 

default letter sent by GE money in april 2008 actually soon after the loan was taken out

last payment made £190 september 2011

 

how has the loan developed like this

 

i am going after charges with kensington but with this lead them to her with regards GE Money?

 

is it worth going after GE money for charges?

 

should she try and hide until statute barred

 

she is on benefits and homeless....atm single with 3 children 12 , 14 and 16

 

she is totally useless with money but i found what she still owed pretty unbeliveable

 

any advice etc please much appreciated im not sure if this is posted correctly please feel free to move or advise many many thanks

 

i havent really got much more info as she has buried her head in the sandicon and still does she can remember some months kensington charging £200 in charges etc we havent any paperwork but do have account numbers

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Ge love to add on various charges and interest and hope you dont know it. SAR them and get the full story.


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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I suspect that this will not be statute barred for 12 years as it is a mortgage loan.

 

You need to establish how the debt has accrued. You can do this by sending a Subject Access Request - it will cost you £10.00 (statutory fee) and entitles you to receive all data in respect of the financial relationship.

 

They have 40 calendar days in which to provide this information.

 

Once you have the data, you should be able to see how the debt has accrued - whether there was any Payment Protection Insurance included and what the charges amounted to.

 

If there was PPI and it was mis sold this can be reclaimed. Almost certainly there will be admin fees and charges that can be reclaimed.

 

I have linked you to the SAR draft and also the letter requiring them to repay you the charges. Do not send the Charges letter until you have all the data you require from the SAR.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request - SAR draft you need to enclose £10.00 with this letter. Send it recorded/special delivery to their Head/Registered office.

 

 

Letter below for reclaiming charges.

. http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges


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thanks guys ill update as and when cheers

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Two threads merged. Stick to this one now Deb.

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I have nothing more to update as sister in laws cheque bounced and I'm not in a position to keep funding her. However will keep pressing her to sort it out and update as and when

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