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    • When I sadly lost my job a while back, i reportd it immpediately to DWP as you are supposed to, but didnt realise at the time that the day I reported to them was the day before I was paid out for the last month. I was actually paid extra whem I left as it was cheaper than redundancy fort the business and at the time it was a good financial move (so I thought).   I was paid on Fri 26th Jan, they paid me out 2 months in one go. I reported to DWP on the 22nd of Han that I was made unemployed, had the letters and evidence. As they spun the story, because of their assesment dates and that, my first payment was on the 1st May and reassured that it works the other way around. That when work starts again, if I dont actually receive money from the company during the assesment period, there wont be an issue as it balances up.   Can I believe this or was it another spun story? I'm concerned that as I'll be paid monthly, (Starting on the 15th paid on the last day of the month), assment ends on the 22nd. Tha they'll take that money into consideration.   I'm just concerned due to the disparity it would cause between 4 odd months I endured with zero income because of how their system works and whatever they ahe in place to counter at this end of the claim.   Anywa, it's just awonder.   Cheers,   Ade    
    • Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021  at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) .  The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.  Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .  I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.  The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.   Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .   I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.    After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.  And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?    As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.  Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt?  Thank you Gemma
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    • Hi,   Well over a year ago, I moved from one area of the UK to another. Where I was moving from ,I had TalkTalk fibre broadband, was happy with them and had no issues.   A week or two before I left, I started planning the whole internet and phone move, called up TalkTalk and found out they weren't able to suplly the fibre where I was moving to. They could only infact offer a minimal ADSL connection.  I said that I would probably cancel it, but I would look into it. Later on the very same day, I foudn out only Virgin and another company had services at the prperty so TalkTalk were out. It called, cancelled propty and left it at that. I eft the new address as a forwarding address for the final bills etc... too.   Months later, a DCA is on my case for the tune of £190 something. I coined them on 1st August, left on 10thish of November. There was an outstanding about £25ish.   I've spoken to thecomplaints department, they were't budging, I've tried the execs and they were the ones that passed it to a DCA, which is about to go nuclear.   Anyway, how it stands now...   Officialy soeaking, if they want to knit-pick, the connection came with a £100  welcome gift card for someone who stayed at least 3 months, which I did..., they werent able to supply the connection, were told to cancel, and planned otherwise. They STILL dont ahve dirisdicton over this buiding so they wouldnt be able to suplly the services.   Now BWLegal claim that theyve repeatedly tried to get ahold of me (lies) about this bill and now they're planning to go legal on 13th March. They literally sent me a  letter with a realistic 1 week notice period on it, but officialy they;ve bacdated it by a month.   SO I'm left in a predicament. I dont want to phone them as I like everyting in writing, because of corona things will be late, so they've literally tried to shaft me here for acontrac thtat doesnt exist.   The  letter they snt me is literaly a "Letter of Claim" with some Citizens advice page attached, income and expenditure forms etc... I refuse to fill ti in as as far as I know, this is resolved, or at the wosrst there's a small sum outstanding.    Or I could be really brutal and be clear and say they owe me 60-80 for the gift card, but I dont really care about that.   I've literally jstu found a good job after a long horrible period and it feels like they're using the upcoming "freedom" as a reason to start their antics.   All they ask for to stop the legal action is a "reason" ut it appears they''ve gota 3rd hand account that's been sold around as it's in some name like JC International now?   Shoud I:   1) Ignore them and contact TT directly? I've got the executive email address so usually get a swift response.  2) Treat it as any other hot air DCA's blow out ? No proof has been given o far, no copies of paperwork, so it's just  "pay now, this much" letter. 3) Make an example of this and let it do to court, explain to the courts what's going on and let them deal with the issue?   What concerns me is their underhanded tactics....   Anyway, any help would help...   Cheers, Ade
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Kensington SPO - warrant for possession - refusing to take payments


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Dear all

I would be very grateful for any help with my situation.

 

I had a SPO following mortgage arrears (£3600) in 2008. Since then I have been making my contractual payments but had missed payments on three occasions from unexpected expenses resulting from direct debits being returned unpaid.

 

I was in a particularly bad financial condition in the last 6 months following an elderly family member falling unwell while abroad.

 

The mortgage arrears accrued to £3400 again and the mortgage company ( a subprime lender) has now applied to the court for a warrant for possession.

 

I panicked and raised money from friends and family to clear off the arrears, but the lender is refusing to accept any payments and instead insists that I send them last three months of bank statements before they would decided whether to accept the payments or not. They insist that until I serve them the bank statements, they can't do anything about the eviction and says an eviction date will be issued in due course.

 

They also made me complete an income and expenditure with them over the phone.

 

I am very reluctant to send in bank statements, since with the financial difficulties over the last three months, I have resorted to payday loans (cleared) and I am very worried this will again jeopardize the situation.

 

I am otherwise in a stable job and would be able to afford my contractual payments going forward.

 

I have raised the money and want to clear the arrears but I am left in this dire situation. With family and young children, it looks as if my fate is sealed.

 

May be someone else on this forum would have had a similar situation and I am sincerely hoping for some advice and help. Apologies for the long post.

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Hi there, have they refused the payment in writing to you ?

 

Also, which lender is it and do they have a telephone payment facility ?

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So did they interrupt when you were trying to pay ?

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No.

I rang and requested, whether I could clear the arrears over the phone.

( I didn't use the automated facility).

 

 

They refused saying that they won't accept a payment unless they have seen three months bank statements.

Also asked how I got the money.

 

 

When I said family, they said the family member has to write to them saying that he/she does not have any financial interest in the property and that the money was given to me as a gift.

It was £3600.

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Try making the payment by the telephone facility, if you have no arrears they can't get a possession order. Let me know if the payment goes through ok.

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Thanks Ell-enn.

 

Yes. the payment has now gone through.

 

 

Wouldn't it be a problem, if they get to know this?

Would I still have to defend the eviction in court, if I don't send in the bank statements and the letter from family member as they had asked.

 

 

On reading the threads here it seems the suspended possession order is valid for life of the mortgage, isn't it?

 

Could the lender still take me to court saying that I could default again in future? It's all confusing to me.

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Hi, you should now write to them saying you have made payment as you are anxious to bring the account up to date and that you felt pressured into giving details for an income and expenditure exercise for which you were not prepared. I can draft an appropriate letter for you to send if you like ?

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Thanks very much Ell-enn

 

I would be very grateful if you would draft me one, when you get time. Would you need any more details from me.

 

I was further researching on the powers of the SPO which seems to hang like a Damocles sword. Once the arrears are cleared, does the SPO automatically become void or could the lender invoke it any time they choose, if arrears arise in future.

 

Some law firms working on behalf of lenders,cite the case of Zinda vs Bank of Scotland, which seems to imply that this is the case.

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Hi, the SPO will continue, but - after a period of time where payments have been kept up (usually around 2 years) you can apply to the court to have the SPO lifted. The lender can object but if you have a good case you can succeed.

 

I will draft the letter over the weekend - just need you to answer the following:

 

How much longer has the mortgage left to run?

Is the mortgage in joint names?

Are you able to make payments every month going forward?

 

It would be helpful if you could complete the affixed budget sheet - it calculates automatically as you fill it in, and will give a better indication of your finances than the one you did over the phone with them.

Budget Sheet.xls

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Thanks Ell-enn.

Something very fishy has happened meanwhile.

 

 

Yesterday when I made the payment the automated system would only take £2000 at a time.

So I waited till today to make the remaining payment of £1697 and then the automated system is not letting me make the payment.

 

The error message which comes up says

"Unfortunately we cannot process your card payment online.

This can be for a number of reasons,

please try again later or contact us"

 

Could it be just a problem with the automated system.

( I do have a leaflet from them which says their payment systems are available 24hrs a day 7 days a week).

 

Its almost as if they got wind of what's happening and is preventing me from making the payments. Would that be possible?

 

I don't know their bank account and sort code, if so I could have made an online bank transfer.

 

 

Are there any other options like a bank draft or postal order I could use. If so what happens if they refuse to accept it?

 

Thanks for the budget form, which I will fill in now.

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I think someone on here had Kensington's bank details - I'll have a look around the forum and see if I can find it. Wait a day or so and try again - could just be a blip in their system

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Dear Ell-enn

 

Hope you have received my budget sheet.

In response to your other questions

 

1. The remaing mortgage term at the end of May 2017 would be 12 years and 6 months

2. It is a single mortgage

3.Going forward, current circumstances prevailing, I would be able to make my contractual monthly payments.

 

Many thanks again.

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Hi, I received your budget sheet thanks , I have sent you a reply

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Hi, did you manage to get the remaining payment done on the telephone system ?

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Unfortunately no.

 

 

When I try the telephone service it gets routed to a a customer service agent, and when I try the online system it says "Unfortunately we cannot process your card payment online.

This can be for a number of reasons, please try again later or contact us".

 

I had a search of the forum too, but couldn't find Kensington's bank details. If only I manage to get them, I could make a payment via my bank. I have no idea why they are being so obstructive and harassing.

 

Do you think, sending them a draft or a postal order would be another option.

 

Many thanks again.

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Just had a thought - did you previously pay by direct debit ? if so you can get Kensington bank details from the DD in your online bank account - you can then use those to make the fast payment (don't forget to put the mortgage account number in the reference box).

Who do you bank with ?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Unfortunately no. When I try the telephone service it gets routed to a a customer service agent, and when I try the online system it says "Unfortunately we cannot process your card payment online. This can be for a number of reasons, please try again later or contact us".

 

If you don't already have a screenshot of that online message, try again online ; not in the expectation of success, but so you can show you tried and it wouldn't let you.

 

Then try again by 'phone, recording the call. If they again decline the payment, it is further proof they aren't accepting payments. Then, if it comes to them trying to activate the SPO, you can show that you've been trying to pay and they won't let you .....

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Thanks BazzaS and Ell-enn

 

The direct debit is still in place and money is being collected. But on my Barclays account it only shows the direct debit reference number not their sort code and account no.

 

Getting the screenshots is a good idea, which I will do now and also tomorrow.

 

The sad thing is I have already paid £3410 as arrears fees , £215 (Returned DD charges over the last 12 yrs) , £429.15 as Field Agent charges, £118.64 as Solicitors Charges while my arrears is £1697.97.

 

Many thanks again for all your continuing help.

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If your arrears are only £1,697 why are you trying to pay over £3k ?

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Thanks Ell-enn.

Last week when I first tried the online payment system, it said you can only pay £2000 today and I did that. it was after that the system seemed to block any further payments.

 

 

The remaining arrears shown is £1697.

They have been charging £50 pounds per month towards arrears and in the last 10 years, I have paid £3410 as arrears fees.

 

Although I have missed direct debit payments, I have also made several over payments.

There was particular hardship in the beginning of this year which resulted in two direct debits not going. In 2014 and 2015 I had only missed one DD and had made an overpayment.

 

When you try to speak to them, it is very demeaning .

When I said I was expecting a salary arrears payment next month, they wanted a letter from employer saying that I am owed this much amount and that it will be paid on this date etc.

 

 

Completing the income expenditure was another harrowing experience with every expenses ridiculed and questioned.

 

I really hope there is an option without going to court, but at the moment I don't feel optimistic and I am dreading the next batch of solicitor fees and court costs.

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Hi

.

Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator

for treating borrowers who were in arrears unfairly.

.

Claim those charges back plus the interest and tell them not to add any more to the account.

.

There are a few news stories here you can get the info for a letter to send to them.

.

http://news.bbc.co.uk/1/hi/business/8615870.stm

.

http://www.fsa.gov.uk/pubs/final/kensington.pdf

.

http://www.theguardian.com/money/2010/apr/12/fsa-kensington-mortgages-fine

.

http://www.moneymarketing.co.uk/news-and-analysis/mortgages/fca-orders-kensington-to-change-unfair-mortgage-terms/2005762.article

http://www.mortgageintroducer.com/mortgages/236498/5/Industry_in_depth/Thousands_of_homeowners_set_for_big_mortgage_refunds.htm

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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Thanks dx100uk

 

I will certainly do that. The FSA fine does not seem to involve Arrears fines and Agent fees (no actual visits) though but includes returned DD fees. But looking at the CAG posts, it seems there is a legitimate reason for claiming back these fines.

 

I wanted to get rid of the arrears first for peace of mind but they are not even letting me do that.

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