Azzurro/Restons claimform - old Kensington secured loan (no longer secured as old home they repo'd). ** *Claim Discontinued***

[Paulxo37]

Hi

 

I took out a £10k loan with Kensington in 2006, but after falling into arrears my property was repossessed in 2012 by kenny's.

 

Recently I have contacted them to reclaim the charges after getting a SAR from them. They have refuted my claims. Although they have offered £100 back from a total of £3,600. I'm not sure where to go from here. The charges were

 

Returned Cheque/DD

Monthly Arrears Management fee

First Solicitor's letter

Court fee

Field agent's fee

Solicitor's costs

Notice of default fee

Property insurance

Deeds release fee

 

Now they have a DCA working to reclaim the debt, which had risen to £15,000.

However they offered a discount on this to £11,000 if paid in full.

 

The property is long gone, but I can't afford that in full.

 

Advice welcome!

[dx100uk]

when was the last time you paid kennys anything?

 

 

was this secured and now is not following the repo?

 

 

dx

[Paulxo37]

Probably 2011, maybe 2010.

 

Yes the property has been sold now, as it was repossessed. It is showing on my credit file though that I owe £15,000.

 

Thanks

Edited July 26, 2015 by Paulxo37
Error

[dx100uk]

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

[Paulxo37]

Thanks. I have sent a letter off doing just this.

[Paulxo37]

Hi

 

They have replied that their final decision was a refund of £100, not the circa £4,000 I have noticed. They have invited me to complain to the ombudsman now.

 

I also threatened them with court but they have responded quite aggressively to that by saying that they would defend such action and would seek recovery of legal costs from me.

 

So where do I go from here?

[dx100uk]

why only £100

what did you claim for to get £4k?

 

 

did you do a spreadsheet?

 

 

dx

[Paulxo37]

They've refunded 2 monthly arrears fees = £100. The other fees, as listed above in my first post, they say they believe to be a reasonable estimate of the costs they incur.

 

I did a breakdown of all the costs for them which came to around £4,000.

[dx100uk]

well I think there enough in those links to quite obv counter that view....

[Paulxo37]

Yes I even sent a copy of the BBC story.

 

They just ignored it and referred to their previous letter. What should I do now?

[Paulxo37]

HI

 

I took out a 2nd mortgage with Kensington for £10,000 in early 2007.

In 2012 the house it was secured on was repossessed (had a terrible two years) and this was actioned by Kensington themselves as I was behind in payments.

 

I have been paying £25 a month up until recently, but the loan has been sold on to Azzurro.

My first indication of this was a return of my d/d which was re-credited to my account.

The letter states 1 July this year.

The balance is £11500.

 

What are my options here?

Shall I send an SAR to Kensington and see what fees they have charged me over the years?

I am not sure what to do.

I do not really want to pay £11000+ as I have paid a lot over the years already.

 

Advice most welcome. Thank you.

[BankFodder]

Yes, send an SAR to begin with.

Secondly, the £25 a month that you were paying – was this an agreed instalment plan with Kensington?

[Paulxo37]

Ok. I recalled in writing this that I sent an SAR approx 2 years ago, but never received a reply. 

 

They asked me for income expenditure form, but I just said 'I can afford £25 a month' and that is what they accepted. Had no further contact from them over it.

[BankFodder]

Well it's a shame that you didn't follow up on their breach of data protection rules by not providing you with an SAR. What's the point of sending an SAR if on non-compliance you do nothing. I wouldn't take you seriously and clearly they didn't either.

Do you have written evidence of the fact that they agreed the £25 per month? If you have been making the payments without any difficulty then I don't see any basis for them varying the agreement.

Send an SAR. It will be interesting to see what charges et cetera they have levied against you

[Paulxo37]

You're right, I did send some follow up messages, but still no response. No written evidence. I will send the SAR.

 

Thanks. 

[BankFodder]

in respect of the installments, it is essential that you continue them. If they have cancelled the direct debit then you should send them a cheque. Make sure that you send a covering letter and that you take a copy of the letter and a copy of the cheque. Do it every month even though they don't appear to accept them or cash then.

 

in your covering letter make sure you refer to the direct debit which has been cancelled by them.

I take it that you have been informed in writing of the the purchase of the debt by the new company

 

[dx100uk]

old and new threads merged.

 

a secured loan that was no longer secured they'd repo'd the home.

that was mostly charges

you never came back after wanting to reclaim

so why did you resume payments after not paying for soo many year prior to that?

 

they had no hold over you...

 

[Paulxo37]

At the time I was in the midst of applying/training for a job that required very high standards of personal finance, so I was concerned about it from that point of view. So I thought if at least I'm paying that would demonstrate responsibility towards it.

 

Ok, what should be my plan from here? The debt does no longer appears on my credit file - don't know why - and I'm concerned it might make an appearance with this new company if I refuse to pay them.

 

(I can't believe it's been 5 years. Thanks for finding that old thread)

[dx100uk]

the event or the default was more than 6yrs ago it wont show and can't comeback.

 

shame you blindly paid them without consulting here 1st

all you've done is run the Statute barred clock to infinity...

 

send azzurro and kenny's an sar each and stop payments.

 

kennys would have enforced this long ago if it ever was so.

why sell it for 10p=£1.

 

dx

 

 

 

[Paulxo37]

Yes it is a shame. Thank you.

 

I'm ashamed to say I have a similar issue with 'Ascent Legal' with a Welcome finance loan. The loan was secured on a property that I still own and still shows as Welcome finance as a 2nd charge. What should I do here? I am also paying them a monthly amount. 

[dx100uk]

click your username and update your welcome thread

[Paulxo37]

Thanks for the advice on this. Azzurro's have passed it on to a new firm. I'm just ignoring... Donation made. 

[dx100uk]

pased it or sold it?

makes zero odds though...

who?

 

[Paulxo37]

Capital recoveries Northampton.

 

They say Azzurro is their client. Fairly polite letter, and offering lump sum discount. Threaten field agent may come if I don't respond.

[dx100uk]

Begging to fund their xmas party

safe to ignore