Engage Credit and Kensington problems.

[Nish501967]

Hi all, sorry this may be a bit long, but don't know where else to turn. Also not sure if I've put this thread in the right category.

First Kensington Mortgages,

I signed a mortgage in 2007, with all insurance etc, but in 2008 I was made redundant.

Kensington denied I had insurance and I fell into arrears.

I went interest only to catch the arrears up, but in 2011 had a real bad injury in work.

Again insurance was said to be non existent, but after speaking to my old financial advisor, it was stated I was insured for both issues. FOS got involved, and ruled in my favour.

Kensington had paid out for insurance but marked it as a miscellaneous payment.

FOS ordered Kensington to offer concessions I was not afforded as I should have been, however the insurance had ran out at that time, so FOS told them to sort my account in a decent way.

Kensington, still didn't refund me, give back interest, or let me negotiate to change back to repayment. This went on for a few years. FoS wouldn't get involved after making a ruling. Then Covid hit.

2022, April I made a complaint to Kensington which was shut down  in 6 days and my account sold to Engage Credit. After that within 6 months my mortgage doubled and I find myself in arrears of 2 months, and 3 yrs left term, still on an interest only mortgage.

On selling the mortgage Kensington stated nothing would change and all Ts and Cs would remain the same, however in Engages words they are a 'servicer' and not a ' lender'. they won't change and offer any concessions which should have been offered before they bought it. Furthermore I don't think they can fulfill the original Ts and Cs of my account, One being I have a right to reapply for further funding.

I have DSARd both companies. 3000 pages from Kensington, and a dozen from Engage.

Interesting, is a part from a copy of a mortgage offer, they have no paperwork signed from when I got the keys.

All they have is one page titled 'Deed of Title' and the words, 'incomplete without the preceding pages' in bold red lettering. in all nothing exist as to what Engage are making their charges against. As a solicitor said, I asked for the details of the transfer, but these were denied.

My point is that,

not only have Kensington got rid of my account, they have done knowing the mortgage insurance was missold.

On top of that, the original paperwork, they have withheld as it's not in their DSAR either.

Engage have no signed document apart from a mortgage offer with no insurances stated at that time.

nothing at all showing insurances and what the APRs were for such, and seems they make their own interest rate up, as this was going up, even when rates were frozen by Bof E.

I believe I have some rights somewhere for legal action, and compensation at least, but I'm having trouble finding anyone to talk to.

I'm thinking of going it alone but don't know where to start.

Any help is appreciated.

Thanks and again, sorry its long.

 

Neil

[dx100uk]

sadly you are outside of the 3yrs you had to do anything about this i feel if what you are saying is you want to reclaim the insurance?

dx

[Nish501967]

Hi, and thanks for the reply.

I originally did, as I tried to keep the matter alive with the complaint, but what I'm more interested in now is Engage have bought the mortgage, yet say they only service it, and cannot fulfil some of the terms of the original mortgage.

They also don't have a full copy of the deed of title, so no way of knowing what terms they are running our mortgage on.

We originally asked Kensington to look at the term, and possibly extend it, to which they said I need a financial advisor, then sold it, but Engage cannot do anything other than take payments and hike interest up.

I'm more interested now as to if Engage have a bona fide agreement against the mortgage, as they hold no full document, and we have not signed any new agreement?

Hope it makes sense, sorry not much good at this.

A particular solicitor in Stockport was interested in looking, but say they don't have the manpower to spend on it.

I've tried quite alot, but seems no one out there will take on anything to do with mortgage disputes.

Being denied the right to convert back to repayment and renegotiate terms, means I could lose or have to sell up in a few years.

[dx100uk]

thanks for the block of text with no line spacing nor sentences...

please consider that if people see a block of text they simply move on.

if engage do not hold a full copy of the signed mortgage agreement its totally unenforceable.

anyone can request a copy of any deed - they are all online for a small fee from .gov.uk site

 

 

[JS3]

The solicitor probably declined to get involved due to concerns about the workload compared to potential fees, as law firms often prioritise cases based on their financial value. Therefore, you might have better luck approaching a small local firm for assistance.

 

In summary, you've faced challenges with your mortgage, including disputes over insurance and arrears. Despite rulings from the Financial Ombudsman Service (FOS) in your favour, the mortgage company didn't offer concessions or refunds.

 

The mortgage was then transferred to Engage Credit, leading to increased charges and arrears. Although you requested documentation through a Data Subject Access Request (DSAR), you encountered difficulties in obtaining complete records.

 

You believe you have grounds for legal action and compensation but are uncertain about the next steps.

 

If limitations are placed on your rights regarding a DSAR, you must receive written notification of the restriction, along with the reasons for it and the available options for recourse. The controller is also obligated to document the reasons for any restrictions and provide this record to the Commissioner upon request. Failure to fulfill this obligation can result in a claim for damages.

While there may be instances where individuals have successfully pursued claims for breaches of Section 45 of the Data Protection Act 2018, which concerns the right of access by the data subject, specific details about such cases and their outcomes necessitate a thorough examination of legal databases, court records, and legal literature. Seeking guidance from a legal professional or conducting further research is recommended to obtain the most recent information on successful case law claims regarding breaches of Section 45.

The transfer of your mortgage contract to Engage should be executed through a Deed of Assignment, and it is advisable to request a copy for your records. They may be hesitant to provide it, possibly to conceal the acquisition cost of your mortgage and their ability to alter its terms unilaterally. However, you have the right to demand Engage to revert to the previous contract terms, and if unsuccessful, you can seek recourse through legal channels to enforce it.

Explaining the intricacies of the procedures and assembling the hearing bundle is somewhat beyond the technical capabilities of an Internet discussion forum. However, based on your account, you do appear to have legal options available.

[Nish501967]

Sorry for the block texting, its been pretty hard typing out with my sausage fingers on my phone.

Thanks for the replies, it's appreciated.

When I obtained the DSARs, Kensington admitted I have everything, and there is no final agreement in their bundle they sent.

Engage admitted that the incomplete 'Deed of title' with just the signature page is all they have, yet state that is all they needed.

Even though they say they have no more to give me, is it worth writing just once more and get them to confirm again they don't have the full document?

After that, I wondered whether it was worth challenging the charge on the property? Thanks again for all the help.

Neil