Jump to content


  • Tweets

  • Posts

    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

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


Paulxo37
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 468 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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!

Link to post
Share on other sites

when was the last time you paid kennys anything?

 

 

was this secured and now is not following the repo?

 

 

dx

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... 

Link to post
Share on other sites

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... 

Link to post
Share on other sites

  • 3 weeks later...

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?

Link to post
Share on other sites

why only £100

what did you claim for to get £4k?

 

 

did you do a spreadsheet?

 

 

dx

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... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

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... 

Link to post
Share on other sites

  • 5 years later...

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.

Link to post
Share on other sites

Yes, send an SAR to begin with.

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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

 

Link to post
Share on other sites

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...

 

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... 

Link to post
Share on other sites

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)

Link to post
Share on other sites

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

 

 

 

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... 

Link to post
Share on other sites

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. 

Link to post
Share on other sites

click your username and update your welcome thread

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... 

Link to post
Share on other sites

  • 2 months later...

pased it or sold it?

makes zero odds though...:pound:

who?

 

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... 

Link to post
Share on other sites

Begging to fund their xmas party

safe to ignore

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...