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    • Hello everyone,   Just thought id post an update.   I've today now finally received a claim form from PRA Group. Bit annoying as the last payment to them would have August 2018 so was nearly over the line. I believe my only grounds for defence is that they haven't managed to produce a copy of the DN notice, however from some online research I managed to find some case law that stated they can use their systems screenshot to show proof of it being sent.   I know I have to respond back to their claim form and will do so online on moneyclaim, is now the time to pick up the phone to them and negotiate a deal?   Any advice as always is much appreciated it.
    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
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early repayment fee Kensington Mortgage Company


00765
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There is a process where you can under the repossession proceedings make an applixation called a part 8 for the company to give you an account for all monies taken on the sale of youir house this meens that they have to account to the court for every penny they took and why this ias the proceedure I am following

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  • 3 weeks later...

Hi all,

 

KMC have not as yet replied to my SAR letter & the 40 days are up in just over two weeks.

 

Does anyone know what i do next if I do not hear from KMC at the expiry of the 40 days.

 

Thanks

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  • 2 weeks later...

Hi all

Just to wish you luck. I want to go up against kensington for £7,000 and BM for £10,000 in early redemption penalties. Would be happy to get half back !!! just dont know where to start. Any ideas.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Hi Zootscoot,

 

The covering letter from KMC merely stated that they had enclosed a complete list of mortgage transactions applied to my mortgage account & that they had included the terms & conditions of my mortgage with them.

 

But the list does itemise the redemption figure of £358,266.43 of which the final Interest charge of £10,700.85 is included. It is the final Interest ( which as i say the list fails to itemise as a separate figure), that I particularly want to try and recovey at least some of. But i have no idea how to go about it.

 

Sould i be writing to KMC again, asking them to itemise the redemption figure as part of my SAR request, or can i just proceed to court & if so how do i do so? Thanks Zoot and anyone else who can kindly assist.

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Unicorn96, thanks for wishing me luck, I’m fairly certain that I need all the luck I can get.

I would be like the blind leading the blind, in giving you any ideas as to how to proceed against KMC, as I simply have no idea how to pursue KMC myself, hence my plea for assistance; but there are great Consumer Action Group people who I’m certain can assist. So, I’d say start a thread; people will come to your aid. You can also watch my thread & see what happens for me & use it as a guide, if whatever is written in this thread, is of any use to you.

I wish you too, all the best with your KMC battle.

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bumo bumo.

 

Please, please, can someone, a moderator, anyone, please assist re what my next course of actioin should be regarding recovering the Interest KMC charged as part of the redemption fee on my mortgage. Thanks

 

My advice is sit tight at the moment there's an important judgment being handed down on Thursday regarding an ERC claim. I will update later this week.

 

Regards Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi All,

One person has taken my advice re: ERC overcharge from KMC and got a small refund. I would love more people to look at their redemption statements. The ERC should only apply to the starting balance (what you initially borrowed) plus MEAF and deeds release. They appear to be charging ERC on the whole balance at redemption including arrears, monthly penalties etc. This is in clear breach of their T&C. They claim its an error however its computer generated. In other words everyone with arrears etc will be effected. Just look at your figures. If I'm right please, please let me know! Good luck all.

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My claim on this KMC mortgage would NOT be for an ERC as i redeemed my mortgage after the redemption period had passed. But KMC deduced £10,700 in Interest.

 

The Opening balance of my mortage when i first took it was £348,822.67. At redemption it was £358,266.43.

 

nz1313, you previously said that you are claiming overcharge fees from KMC, do you think i can claim for overcharged Interest? If so now that i have received the SAR statement what would i do next?

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Hi 00765,

The overcharge I mentioned relates to ERC only. You would need to get them to tell you what the interest was for. Were you in arrears at redemption? Without knowing what your position was its hard to comment. You really need them to break this down for you and explain. Sorry I can't help futher. Good luck.

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Hi Paul - any news on this?

 

Richard:)

 

Yes, judgment was handed down yesterday unfortunatley the case was dismised, but not is all lossed yet the judge is allowing the defendant another bite of the chery because the defendant made it clear he had overlooked a crucial core term in the contract.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi Paulwlton,

 

Why was the case dismissed? What was the core term?

 

The case was dismissed because the court decided the contract wasn't governed by UCTA UTCC. I'm not sure on the core term yet.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 2 weeks later...
Guest DEATHLORD

Hi

This is whant I've been asking for a long time and nobody can tell my why you pay interest on money you pay back early?

I am taking a case against Kensington myself and have put this in the claim as then we will find out, if you enclose the template for discloseure and FULL one which will inlude all charges and costs as in my case solicitors bills which have a VAT cost which they should not have added.

so lets see what happens.

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I am working on vat the mortgage companys say they have special ruls re re claiming vat as I am trying to reclaim 15 grand I believe that we should not have to pay vat on a bil which is fron another party to the mortgage company when it is passed to us I have a hearing in November where the vat issue will be decided so if anyone has any comments any vat inspectors lurking i would be helpful

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Just to say BONA, I read on another thread that Wendyb was a VAT inspecter for 10 years! Maybe could be of help to you! Good Luck with your claim! Kensington took loads of me in past would love to see some people get something back.

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  • 4 weeks later...
I want to try & claim back some of the £17,000 in Early Repayment fees + £15,000 interest, that Kensington Mortgage Company took, when I recently completed on the sale of my home. I took the mortgage out about 2yrs ago & the penalty period would have ended next October 2007. Could someone please give me some guidance regarding how i can go about trying to reclaim some of the money & what chance i have of any success. I only found out the figure a day before completion. I sent a fax to KMC on the day before completion, demanding for a reduction in the fees but they must have just laughed all the way to the bank with my money, as i have of course, not received a reply. Right now i am so angry & frustrated, I can't think straight.

 

I am in a similar state to u I ended mortgage early and was charged £20k penalty fee. Am I right in thinking there is nothing much u can do about unreasonable penalty charges?

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