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Advice needed - Mum vs Kensington


special_k
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Hi all,

 

I think my mum is in a position to reclaim early repayment charges of about £12,000.

 

My mum had a car accident and after a while was unable to continue working and fell into arrears. The house was nearly repossessed and after much to-ing and fro-ing with the courts, we managed to hold them off long enough to sell the house first. I think there were at least 6 months of arrears before up until the sale, so obviously a lot of charges.

 

What are want to ask is...

 

1) Can I claim both the ERC and the monthly charges for non-payment in the same claim.

 

2) Is it better to claim them separately? Is there a better success rate of one over the other?

 

3) Can I claim on my mother's behalf?

 

4) Will she need a solicitor? And if so, will legal aid cover it?

 

I have started to read the FAQs and other posts, and I'm curious to know how many people have been successful/unsuccessful. It seems like this is a lot more complicated than reclaiming bank charges and so it is best I claim on my mum's behalf as I can imagine her getting quite intimidated by KMC's scare tactics.

 

It would be great for her to get it back, she deserves it after all the stress. I'm sure all you people who have had to deal with KMC know how stressful it can be - they are HORRIBLE!

 

Thanks in advance :)

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  • 1 month later...

I've just heard bad news about a couple of ERC claims. One struck out and another lost in court :(

 

I don't think me or my mum could take this stress if it happened to her claim and most definitely could not pay our charges and Kensingtons.

 

After speaking to my mum we are only going to go after her late payment charges, which are quite significant. Do I follow the normal bank charges route for this? SAR, Prelim, LBA, then claim?

 

Thanks,

K

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  • 1 month later...
I've just heard bad news about a couple of ERC claims. One struck out and another lost in court :(

 

I don't think me or my mum could take this stress if it happened to her claim and most definitely could not pay our charges and Kensingtons.

 

After speaking to my mum we are only going to go after her late payment charges, which are quite significant. Do I follow the normal bank charges route for this? SAR, Prelim, LBA, then claim?

 

Thanks,

K

 

Hi Special K

How you getting on with the lovely Kensington? Have you heard anything from them yet?

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Have not started, mum is on holiday (again).

 

Sounds like my mum :lol:

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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