Old GE money mortgage now Kensington - Arrears & Payment Arrangement

[surrey_36]

Hi all,

since being in financial difficulty over the last few years

I have had dozens of £40 admin charges added to my account for making late payments.

I understand that I can claim these back

 

I have read other posts to see the procedure which is so helpful thank you,

 

Im just wondering how it would work as last year my account was taken over by Kensington Mortgages and if they refunded the admin charges where would the refund go

- woud it be sent to Kensignton to pay off the charges arrears balance?

 

Many thanks !

[ericsbrother]

you need to work out how much it all adds up to including interest on the charges (unlawful). If the debt was legally assigned to Kensington then you get the money from GE, it cant be just passed on to reduce your debt with another company although they will try that on if they even admit they owe you the refund

[surrey_36]

I'm just starting a claim for £40 admin charges added over the years,

 

Ive been reading through threads tonight and just confused about the spreadsheet to use and what interest charge to put into the spreadsheet.

 

On the mortgage statements the interest rate varies from 2.95 up to 7.99% on the 2006 statements.

 

Also unclear if I should use the StatInt Sheet or the CISSheet.

 

At the end of each statement is says for example (annual statement 2009)

Interest Bearing Charges £1837.50

Additional Interest Incurred £213.88

Payment received towards these charges & Interest £125.54

 

So gathering from others posts and responses these additional charges are non reclaimable?

 

Sorry for posting when I'm sure this is all in here! Just want to make sure I get this right, as I usually get everything wrong!

[dx100uk]

I very much doubt you'll get penalty charges back out side of 6yrs.

 

dx

[surrey_36]

OK thanks DX Ill just go back the last 6 months and re do the spreadsheet - can you advise me on which spreadsheet to use and what interest rate to put in given that the rate varied over the time?

[dx100uk]

6yrs not months

you could try putting ALL of them on your sheet

see what they do??

 

stat int sheet [auto at 8%] as that will be more money than the CI at 2%

[surrey_36]

Thanks DX! All done and in the post recorded delivery. Will update the thread once they replied.

[Jaxleeds]

good luck

 

 

what were the charges for? and what are your grounds for refund?

[surrey_36]

Update: GE Money replied to me saying that since my mortgage was taken over by Kensington last year that they have closed the case and forwarded the complaint over Kensington.

 

I thought that as GE had charged the admin charges originally that the claim would be to them.

Question is do I trust that they have forwarded the claim to Kensington or do I resend the complaint again

[Jaxleeds]

what were the charges for? and what are your grounds for refund?

[surrey_36]

Hi Jaxleeds,

the charges are for administration charges

- sometimes they charged £40 sometimes £50,

also some other charges like counselor visit?

 

I am advised these charges are way over the actual costs to them as a company and are therefore unlawful and can be reclaimed.

Probably better that one of the CAG experts explain it rather than me!

[dx100uk]

already tried but its not stuck in...

[Jaxleeds]

Hi Jaxleeds, the charges are for administration charges - sometimes they charged £40 sometimes £50, also some other charges like counselor visit? I am advised these charges are way over the actual costs to them as a company and are therefore unlawful and can be reclaimed. Probably better that one of the CAG experts explain it rather than me!

 

 

Exactly the same situation as me then. Good luck!

 

 

dx - what have you tried to explain to me that 'hasn't stuck in' ?

[surrey_36]

Hi Jaxleeds, have you had any luck on this?

[surrey_36]

I have had a reply from Kensington in relation to my claim originally to GE Money (but then as the mortgage was taken over by Kensington the claim was redirected to Kensington).

 

They have offered as a gesture of goodwill to refund 9 Admin charges of £40.00 and one charge of £50.00. Totalling £410.00. There is no mention of compound interest but only am additional payment of £50 as they did not keep me informed of theprogress of the complaint as promised.

 

There are over 20 admin charges within the last 6 years of £40 and some £50, also a 'debt counselling' charge of £90.00, I need to put this all into the spreadsheet again but I think this adds up to with compound interest about £1400.00.

 

Can anyone advise me of the next action given that they have provided this response not including all unfair admin charges and not including and compound interest.

 

Thank you

[dx100uk]

do as you've correctly stated

[surrey_36]

That was quick DX thanks!

Is there a template letter on here I can use to follow up with ?

Help is much appreciated!

[dx100uk]

no need for one

simply write back and demand the other charges back ONE line

inc spready

[surrey_36]

Their letter says its their final response and if im not happy to go to the FOS?

[dx100uk]

do both

[surrey_36]

Another reply from Kensington saying they have completed review of my complaint. Says their initial decision remains unchanged but they have amended the total fees which are to be refunded, "The additional fees and interest at 8% which you kindly detailed within your letter will not be considered"

 

I requested approx £1500 refund inc interest and they have offered £480 which they have already refunded to my account to reduce the arrears, also they have made a payment of £50 for distress and inconvenience into my bank account.

 

I'm not really happy with the response but i suppose its better than nothing as I suppose i am in arrears with them.

 

Anyway I just thought Id update this thread with the outcome, advice appreciated not sure if i should pursue this further

[dx100uk]

pers i'd goto the FOS, you might not win but it will cost kennys a tidy sum in their investigation fee they get charged.

[jotty]

Been following this as I had similar with Nemo and Rooftop etc, went to the FOS which was a complete waste of time as they basically told me that any charges like this are appropriate and acceptable.

[renegadeimp]

Been following this as I had similar with Nemo and Rooftop etc, went to the FOS which was a complete waste of time as they basically told me that any charges like this are appropriate and acceptable.

 

was that an adjudicator or did you escalate to the ombudsman? As the charges arent appropriate or enforceable or even levied fairly. Thats why so many people are successful at reclaiming all of it.

[jotty]

The adjudicator dismissed my complaint initially about excessive charges

I

took advice from this excellent site and asked it to be sent to the Ombudsman who asked a few more questions and then agreed with the adjudicator.

 

I got the distinct impression that

a - they are swamped with complaints and

b-they don't really know what they are doing because of this.

 

Its only advice based on my issues but I wouldn't bother waiting the 18 months or so for the decision.