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    • Defence submitted. On my clear score report there doesn't seem to be any date of default noted, nor can I see where that might appear. When they responded to my CCA and CPR requests they didn't give me a default date either. So, what happens now? Is it likely that I'll actually have to go to court over this?
    • Hi Andy, thanks for the reply. I guess I will need to get copies of the agreement to check that, which may take some time.   What do you suggest I should I do in the interim, as I'm conscious the clock is ticking on needing to AOS?
    • Hi everyone    ive had a card in an envelope hand delivered today from Resolvecall asking me to contact them urgently.   i want to ignore it but I’m not sure that’s the best thing to do?   i had some issues some years ago which have now all been resolved to my knowledge. Anything that I may have overlooked will be way over 6 years, I now have a very healthy credit rating with nothing on any of my credit files.   I have no idea what these people want and this is the 1st contact.    can someone point me in the direction?   thanks    mike 
    • I've been reading up on cases, especially the HSBC vs. Carey. Am I missing something?  It appears to be the conclusion that the decisions in this case meant that regardless of what date  credit agreements were entered into, a claimant no longer needs to produce a signed copy - or even original copy.  It appears that a reconstituted copy of agreement is acceptable by a court and any judge that seems to be swaying towards using it as a reason to find against a claimant could easily be reminded or prompted by their solicitor.  How do I defend my case to be any different?  It will clearly be a case of :   It looks like you probably had a credit card. They've produced a copy of original agreement and added your name and address - so that's good to go. They've got a statement showing a balance outstanding. Therefore, game up - why are you even bothering to defend?     I am working on my "Formal defence"    Can I just ask for some "bullet points"   So far - my main arguments will be that the requested "credit agreement" is not a credit agreement - it is a barely legible application form - which does not bear any account numbers which correspond with the statements produced by the claimant nor match the agreement number included in the original claim (POC).  Secondly, as helpfully highlighted by DX, their WS is relying on a screenshot of "the claimant's predecessors system screen" to show that a default notice was issued on 08/06/2010; clearly there is no copy of said Default notice. Other items I have up my sleeve - should I include? - are the discrepancy in the amounts owing between the Assignment notices - Lloyds stating a figure in excess of £6k (dated 29/6/19) and a letter from Hoist informing me of this assignment but stating an outstanding amount of £4.5k (the amount of the claim).  Clearly, the lack of reference numbers - i.e. their claim does not match the 16 digit credit card number shown on the numerous statements they have included in their WS. And do not match a number shown on the blurry application form. Also, the application form is dated 1998, the first statement they provide is 2010 - can I use this gap/lack of evidence in my favour? I notice on my "illegible" application form there was a reference to "credit card payments insurance" (I assume this is PPI) - during my research, I'm sure I read that any t&c provided should also include this - I notice their seven added pages make no reference to PPI - which even if I didn't take it out would surely have been needed to be included?   So - just to summarise - is it the "poor quality credit agreement"; the fact that they haven't even declared that they are producing reconstituted copies of t&c and the lack of default notice having been issued - well lack of copy?   On the flip side - where do I stand in terms of the payments I was making - allegedly to this account - via Robinson Way? Is that a case of acting dumb/naive?   Thanks very much everyone.   Barafear.    
    • it sometimes takes a good while for all related entries to be removed.   dx
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pombix04

Kensington Mortgages reclaiming

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Hi everyone

 

I may be on the wrong thread here, but I have been Kensingtoned too:confused: by my original Mortgage broker, but the point here is. I was on a fixed rate of 8.04% for 2 years which ran out on the 9th of January 2009. After all the credit crunch that we hear about, and the lower interest rate and so on. Most people's mortgage are going down, well guess what mine is going up. courtesy of KM to 8.95%, because in my clause it goes back to variable rate - which I phoned them to ask what is was- and they told me that the rate was different for different customers??? confused I am truly. and my also goes up with an additional 3% on top of that for being a SUB PRIME customer. I thought we were all Sub Prime for the privilege of being with KM in the first place. BUt most important point is why do they have variable rates for different customers. Can anyone advise? how this is calculated please . I mean the variable rate that is.

Surely it should be the same for everyone. or at least advertise on their web site.or made public. PLease help me to understand.

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Forgot to add. If anyone is interested in talking to the media about KM the more the merrier. Maybe we could join forces, - as they seem to do- and go to WATCHDOG or some newspaper, radio... lets do it.

Contact me if you have any ideas. 07958 77 55 63 ASTRID

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Pombix04

 

Have you still got a copy of your original Terms and Conditions when you took out the mortgage?

 

If so have a good read through about what it says after the fixed rate period has ended.

 

I'm no expert at this believe me but I think if you can find out what it says in there then you can roughly work out what you should be paying.

 

Considering the interest rates are really low at the minute I think the 8.94% you are now expected to pay is very very high. Unless it's bully boy tactics to get you to go to another lender.

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Hi Lynski

 

Thanks your your reply. have just received news this morning from KM saying how much it will go up. it is indeed going from £1935 pcm to £2170.68. My house is currently on the market as I have sadly lost my job just before xmas and will be unable to pay the mortgage next month. I have not told them yet as I fear they will start repossession proceedings straight away. THey are indeed not" nice people to do business with"as the saying goes. Any suggestions on how to hold them back?

Thanks in advance.

Astrid

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I am also wondering WHY they have different variable rates for different customers. Surely it should advertise ONE variable rate for all. I do understand that they have added the 3% on top of that. It clearly states that in the paperwork.

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Hiya

 

we were in a simular situation,my husband was made redundant as we came off our fixed rate and our mortgage jumped up so high we couldn't afford to pay. We rung and asked them for help but they didn't want to know all they were interested in was the regular payments or they would repossess our home.

 

After a few months of the payments going up and calls begging them for help,we decided that we could no longer keep the payments up as we had 6 children to bring up and it was looking dimmer and dimmer by the month.

 

We very sadly had to give our home to them as a voluntary repossession,it was the worst thing we have ever had to go through,we are now in a rented 4 bedroomed house and paying less the half of what the mortgage was on our home.

 

Our house is still on the market at a price lower than what our motgage was because of the credit crunch etc. We're unsure of what will happen when it is evenually sold,we've been adviced that we may need to declaire ourselves bankrupt.

 

If i knew then what i know now than i would of never have taken the mortgage with kensington,i'd of rather sold my home then and there.

 

Hope you have better luck with your house,but don't expect any help what so ever from km they told me they class all houses they have mortgaged as investments

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hi Commonhilltart

I am so sorry for what happened to you .My heart goes out to you and your family- after all that is what is all about- Human beings helping one another, in anyway we can. I am sure you will be better off in the long run away from their dirty dealings.

 

I will not be able to pay next month mortgage. So how long do you think I can hold on before they start repossesssion proceedings?

Regards

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For anyone interested. I also rang SHELTER organisation. but they did not have much to say tho the website is full of good info. The National Debt Helpline has good info too. I am going to check the ConsumerCredit Counceling Service on 0800 138 11 11. Dont know what it is worth but got the number from Shelter today. So will call 2moro. Will keep you posted if I get any joy.

Regards To all

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Hi

 

Well we missed october & november last year as we had to put all our money towards bond etc for renting and they sent us a letter to appear in court so they could start repossession on the 8th december so they jump on you pretty quick but they had the keys by the middle of november but they still went to court so now i have to write a letter to the court stating when they had the keys so i don't get court charges on top of everything else as they'd not informed the court.

 

The cccs are fantastic and will help you with your finances as best they can with no charge,we went the them before we lost our home and they are the once advising us about the option of going bankrupt.

 

The thing is you have to do whats best for you and your family and its so hard as i've been through it but you have to be strong and keep your head held high. Someone said that my house was just bricks and water and that we were just feeding kensington's habit and that we'd be better off in the long run without the stress and worry and they were right. We still have the worry of how much debt we'll have after they have sold the house but as cccs said they can't have what we haven't got anymore and they have to settle for whats offered as there's nothing else they can take off us.

 

Best of luck to you and i truly hope it works out for you.

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Thanks Commonhilltart

 

I am checking with CCCs today, will keep you posted. Also have had an offer on the house, albeit a silly one 45k less than advertise, i decline but I think the next offer that comes along I will say yes to, even if it is a bad one, because at the end of the day as you said it is only bricks and mortar that I am selling, Not a HOME anymore. it is a burden, so I prefer to sell now than be reposessed. Will keep you posted.

Thanks

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Hi

 

This is taken from the FSA handbook

show_instruments_icon.gifMCOB 12.4 Arrears charges: regulated mortgage contracts1

 

 

MCOB 12.4.1 rule_icon.gif (1) A firm must ensure that any regulated mortgage contract that it enters into does not impose, and cannot be used to impose, a charge for arrears on a customer except where that charge is a reasonable estimate of the cost of the additional administration required as a result of the customer being in arrears. 2

(2) Paragraph (1) does not prevent a firm from entering into a regulated mortgage contract with a customer under which the firm may change the rate of interest charged to the customer from a fixed or discounted rate of interest to the firm's standard variable rate if the customer goes into arrears, providing that this standard variable rate is not a rate created especially for customers in arrears.

There was some more I found about not making interest charges to suit but I can't locate it now.

 

It may be worth having a hunt around on the FSA website.

 

Best of luck


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Hi Midge61

 

Thank you for taking the time to do this. I appreciate it. What does it mean in simple english though. My main concern at moment is :

 

I have put my house up for sale as I will not be able to pay the mortgage next month. Lost my job 2 days before xmas.

 

I have not told KM this as they are very keen and quick to act on repossession I believe (looking through this site has confirmed what I already felt, as they are really difficult people to talk to)

 

I will do my best to pay as much as I can of course. But it has gone up by £235 from the 1st Feb.

 

Can they still repossess even tho I am doing my best to sell.?

 

can anyone advise?

 

Regards

Pombix

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Hi

 

As you are not on arrears yet there is nothing they can do yet.

 

If you can make some sort of payment then do that and also write to them and explain that you cannot make this months payment in full and explain why.

 

DO NOT phone them always do things in writing. Check your mortgage papers which will state quite clearly what the SVR should be and you can write and ask what it is at the moment. They should not have an SVR that is tailored to individual accounts it should be across the board.

 

I believe you have to be 3 months in arrears before repossession is started and so long as you are making some sort of payment that is in your favour.


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thanks midge61 I will do that, write to them, that is. with the 3 months in arrears it looks a little better than I anticipated. I am very nervous indeed. hope I can sell in time. will keep you all posted.

All the best to everyone.

Pom x

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by the way I have just received a letter informing me of my new payment but in it , it does not say what their SVR is. I cannot find that info anywhere. Any idea how I could find out? I know that when my fixed term ended (9th Jan -09) it would automatically go to SVR + 3%. BUT THEY WONT TELL ME WHAT THEIR SVR IS.

Frustration rules.......

thanks

pom x

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hi

 

I have tried to have a look also and cannot find it!

 

I am sure they can't do this and must give you the info. Try ringing the FOS tomorrow and ask for their opinion and they may tell you how to get it.

 

Not sure how to deal with this really.


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Hi Midge

 

Thanks for looking. What is the FOS? do you have a number for them.

 

Regards

Pom

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:) Hello Everyone

Just found out from KM that their SVR is 3.99%.

They wrote to me on 9th Jan when my fixed rate finished and informed me that is was now going to be 8.95% ???? ask them why that was the case and they were unable to clarify this.

I phoned the Financial Omb Service who are going to write to them asking them to clarify this directly to me. If I dont get a satisfactory answer from them. The FOS can take it further as it would have already been logged as a complaint when they write to them.

Has this happened to anyone else? I mean when they came off their fixed rate and it jumped suddenly without clarification and especially when it clearly states in their ORIGINAL MORTGAGE OFFER that following the fixed term it reverts back to their STANDARD VARIABLE RATE? as it does so in mine , I think I have a good case to complain. so please do contact the FOS they were most helpful.

Regards

Pom

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Forgot to add. If anyone is interested in talking to the media about KM the more the merrier. Maybe we could join forces, - as they seem to do- and go to WATCHDOG or some newspaper, radio... lets do it.

Contact me if you have any ideas. 07958 77 55 63 ASTRID

 

We too are having real trouble with Kensington ................Lets name and shame the sham of their customer service ................................

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Popmbix

Are you still with KMC. I have now got all their KSVR's going back to 2004 and would like to compare other KSVR's from their other consumers. You are right they do vary and as far as i can see this is a breach of their terms and Conditions. Please contact me so we can discuss

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