Ge/kensington repo

[Hadituptohere]

And the possibility of secret commissions paid to the broker

 

Hadituptohere

[martin2006]

Have a read of the ico guidelines here

 

https://ico.org.uk/media/for-organisations/documents/1065/subject-access-code-of-practice.pdf

[Hadituptohere]

I have had a read of that before posting the question, and read that institutions are not obliged to send copies of documents, as they quoted but with the response earlier saying that the ICO or a court of law wouldn't like their reply I thought I would ask, what I learnt/had read on here whilst dealing with other companies I was under the impression they had to send copies of anything that was relevant to the requester?

 

Hadituptohere

[martin2006]

I would contact the ICO and have the conversation with them regarding GE's response, i think they may see things differently but as i dont work for them i cant guarantee that.

With regard to secret commissions? There would have been some sort of payment to the broker for brokering the mortgage.

Isnt this tho about transferring the equity?

You seem to be picking some very difficult points to raise and not focussing on what you originally want to achieve. Dont get bogged down with the other factors, concentrate on getting the equity transferred, in the easiest way you can, any other issues can be looked at later.

[Hadituptohere]

sorry I'm asking questions as Kensington aren't playing ball

and you advised to walk away from a fight with them due to costs,

 

 

GE money aren't playing ball with the SAR and I've come across the miss selling of mortgages

and hiden commissions paid that are unlawful which I'm sure the initial mortgage was,

 

 

there is the fact that I want to remove my ex wife of the mortgage

but if initially there was fault or unlawful actions its something I would want to proceed with.

 

 

. I have an appointment with my solicitor regarding the TR1 next week.

 

Hadituptohere

[martin2006]

Ok pop back on when youve had the meet but that transfer is the priority for you, thats the reason you came here

[Hadituptohere]

it may be the reason I came here but have uncovered other sides to the initial mortgage agreement, sorry should I start another thread regarding the other issues maybe in the legal forum??? didnt want to start a new thread and have it merged that was all..

 

Hadituptohere

[martin2006]

No need to at the moment, just concentrate on the transfer for now, the other issues will still be there later, dont get bogged down with it all in one go

[dx100uk]

if its related then its better in one place

but as pointed, one step at a time?

[andrew1]

I tend to agree with Martin actually hadituptothere.....frustrating though it is to find all these things, you're heading for a legal costs nightmare when you are dealing with the likes of Kensington.

 

These sub-prime suppliers are a well greased machine which relies on the Terms & Conditions when it suits them to take your complaints and pass them by a barrister, all at your cost under their t & c's. These costs will be added to your mortgage without a blink and you'll be paying interest at their far from competitive rates.

 

Take them on if you have deep pockets and don't rely upon the courts to produce for you the justice you seek because Kensington have a slick machine also for pulling the wool over Judges ears and eye's.

 

I understand you have found these other things like secret commissions, but welcome to the thousands who have preceded you who are sitting on repossession actions who tried and failed to get that justice. It's a lottery and a miracle if you find the right stage upon which to win, so pick your fights very carefully as we have learned to do...(Yes the Fan Club lives on!) and leave the costly chancer issues until later as dx100uk suggests, they'll still be there and one step at a time, but it could be those that break you so stick to your key issue first.

 

Speak to the ICO, they helped me prove a solicitors firm trying to fob me off on a DSAR as they were only a Data processor not a Data Controller, and I got lock stock and barrel supplied as a result - very revealing.

 

So focus and pick carefully. We always work on the premise in the Fan Club of 'the devil being in the detail and 'Keep it simple'. Get every piece of evidence in writing and study each and every word of what you get, back your arguments up with as much legilslation as you can find and never let the target divert you questions, just keep going back until you get the answers you ask.

 

One step at a time, pick your fights, Kensington will fleece you, rack up costs, not abide by the regulatory requirements and just play games with you all the time they hold the noose around your neck of holding your mortgage and title.

 

Hope that helps, but these guys on here are talking sense - run with them. I'm busy elsewhere, but good luck.

 

Andrew1

the Cabot Fan Club

[Hadituptohere]

Thankyou andrew1, dx and Martin.

 

Hadituotohere

[Insearchofamiracle]

Thankyou andrew1, dx and Martin.

 

Hadituotohere

 

Hi there,

 

I know this is a few months old now but am in a similar really difficult situation with Kensington (who are just awful I might add!) and am in desperate need of some help/advice if you can share your experience?

 

 

They too told me they no longer offer transfer of equity (amongst many other answers) and although on the land registry my property is recorded as 99% to me 1% to my ex husband they will not release him from the mortgage as they apparently do not offer TOE

 

 

yet if you google TOE Kensington mortgages one of the first hits is the application form, from Kensington, to complete and fill out,

 

 

I was also told by a friend of a friend (who is a conveyancer) that she deals with them regularly and they "do it all the time"

 

I'm as much at a loss as you sound with it all and at my wits end as I may find myself and my children homeless if I cannot find a resolution to this

[dx100uk]

Hi there,

 

I know this is a few months old now but am in a similar really difficult situation with Kensington (who are just awful I might add!) and am in desperate need of some help/advice if you can share your experience?

 

They too told me they no longer offer transfer of equity (amongst many other answers) and although on the land registry my property is recorded as 99% to me 1% to my ex husband they will not release him from the mortgage as they apparently do not offer TOE

 

yet if you google TOE Kensington mortgages one of the first hits is the application form, from Kensington, to complete and fill out

 

I was also told by a friend of a friend (who is a conveyancer) that she deals with them regularly and they "do it all the time"

 

I'm as much at a loss as you sound with it all and at my wits end as I may find myself and my children homeless if I cannot find a resolution to this

 

 

it would be better if you start a new thread

 

 

of your own

 

 

dx

[Hadituptohere]

I know this is an old thread but things didnt move forwards regarding my SAR to GE money and was left treading water..

 

As warned kensington have proved themselves to be the beast they have a reputation for..

 

I have a repossession hearing on the 29th October over arrears of around £1000.00, this includes late payment charges, home visits court costs etc..

 

well before GE money sold our underperforming mortgage to Kensington the DWP have paid the interest payments which as the mortgage was swapped to a 96% interest to 4% by GE money (and ourselves obviously)...

 

In April the DWP stopped paying the interest unless I swapped to a SMI loan which i was doing but being in such a bad place, family trauma's,

i have now in place and the DWP have paid £700+

 

to my detriment I was, had been and still am suffering from Depression and anxiety so my head was buried deep in the sand...

 

Needless to say since the last few weeks ive spoken to kensington who have said the Court date isnt repossession hearing despite the HM courts service and witness statement say

 

they want the court to

a) give the claimant possession of the premises and

b) to pay the claimant the total amount outstanding under the mortgage agreement.

 

I know i should communicate in writing with kensington but even writing this post is affecting me and finding difficult..

 

the adviser has asked for evidence from my consultant and GP to be emailed to them prior to the court hearing..

 

Just tried to file a defense with the Court and for some reason the possession claim website isnt available...

 

I know this is a late shout for help but stuck for where and what to do

 

 

Hadituptohere

[dx100uk]

There no mcol for repo hearings

Its mail only

Their repo figure cannot inc penalty fees nor visit fees

but you say they are going for the full outstanding?

 

is that what the paperwork says..i bet no just arrears..

[Hadituptohere]

Hi dx and thank you for your quick response the letter from the County Court state that you can respond to this claim by visiting possessionclaim.gov.uk giving me a username and password????

 

could you please point me to the legislation regarding to the repo figure not including visiting fees and late fees as the chap from kensington claim their contractual..

 

a lot to ask and such short time and yes this is no-ones fault but my own.

 

 

Hadituiptohere

[Hadituptohere]

I forgot to mention that the adviser was happy to add the arrears onto the mortgage if i went through an income and expenditure with him and the court hearing would go ahead were kensington would ask for an order that x amount paid or they can proceed with repossession

 

hadituptohere

[dx100uk]

ah yes ofcourse I remember reading someone saying that a while back

I think we were all stunned it was actually in place now

not heard of it since mind:lol:

 

have you tried to create a new user then using the claim number?

 

anyway

 

hes an idea of what you need to do

 

if you don't have a full breakdown of how they have arrived at the figure they quote on the claim ask them for one by email

stay off that phone now

and disregard whatever they said for now.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?192794-SPML-repossession

 

N244 and budget sheet in short get it running soonest to the court

[Hadituptohere]

Thank you dx

 

Hadituptohere

[Hadituptohere]

struggling to sleep which is the norm and have found paperwork of mortgage arrears statement:

feb 2018 shortfall in mortgage payment DWP only paid 189.00 of the 257.00 payment due, same for march April may..

June no payment made as i hadn't been well enough to comply with the change over to the SMI Loan from the DWP

(although the DWP state my payments stopped on the 5th April 2018.

Arrears fee £30.00 incurred,

July two field agent fees applied at £48.00 plus late payment fee,

Arrears fee £30.00 applied August,

litigation fee of £65.00 applied,

October late payment fee £30.00.

 

DWP contacted me to say my SMI was set up and on the 1st October they paid £188+ for May, and future payments from the 23/5/2018 every 4 weeks of £188+..

 

I know there would have been a top up of around £88.00 to be paid but again unwell and head sunk completely in the ground.

 

I guess thats all I would receive by email from them although there was a ground rent fine added to the total balance of the mortgage around February of over £1000.00

 

 

Hadituptohere

[Hadituptohere]

Solicitor letter received 8th September giving me 7 days to pay the arrears, solicitors and Kensington informed by telephone of circumstances DWP SMI loan being processed, depression anxiety and illness on the 13th and court papers received 18th September.. court papers show £1000.00 arrears when contacted Kensington it was almost £1400.00.. sorry for the bit by bit info but head is spinning

 

 

Hadituptohere

[AndyOrch]

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55

 

Defendant's response

55.7

 

(1) An acknowledgment of service is not required and Part 10 does not apply.

 

(2) In a possession claim against trespassers rule 15.2 does not apply and the defendant need not file a defence.

 

(3) Where, in any other possession claim, the defendant does not file a defence within the time specified in rule 15.4, he may take part in any hearing but the court may take his failure to do so into account when deciding what order to make about costs.

 

(4) Part 12 (default judgment) does not apply in a claim to which this Part applies.

 

Andy

[Hadituptohere]

Thanks Andy

 

There's no date for defence to be submitted specified which I thought was Strange leaving me wondering when my defence was due?

 

Hadituotohere

[dx100uk]

ground rent fine? how come that's been added to your mortgage?

or am I reading that bit wrong?

[AndyOrch]

CPR 55.7

 

(3) Where, in any other possession claim, the defendant does not file a defence within the time specified in rule 15.4, he may take part in any hearing but the court may take his failure to do so into account when deciding what order to make about costs.

 

 

 

 

 

The period for filing a defence

15.4

 

(1) The general rule is that the period for filing a defence is –

 

(a) 14 days after service of the particulars of claim; or

 

(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.

 

(Rule 7.4 provides for the particulars of claim to be contained in or served with the claim form or served within 14 days of service of the claim form)