Jump to content


Hubby v Kensington (formerly The Mortgage Lender)


minimadtrix
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5323 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

Ok, here's the score. I've got a list of payments on my husband's closed account with Kensington, which was taken out when it was The Mortgage Lender (TML). Strangely enough they did not ask for the £10 DPA.

 

Returned direct debit fees are £190 (9 x £20 + 2 x £5 because they charged returned direct debit fees of £25 after the mortgage was paid off and very kindly refunded 2 x £20 :confused: to the account!!!) We're claiming back the £10 because the final redemption figure paid was too much and Kensington had to pay nearly £300 back into hubby's account - therefore he's out of pocket by £10 - not much I know, but it's the principle! :p

 

Monthly arrears fees total £600.

 

So far we're claiming for £790 plus contractual interest at 7% as this is an mean average of the interest they have charged over the length of the mortgage. Am I right doing this? I think that would total a claim of £906, with a daily interest rate of 17p.

 

Ironically, when they took hubby to court for arrears, they attached "The Mortgage Lender General Mortgage Conditions Booklet 2002 - 1st Edition" to the particulars of claim.

 

I have read through this and it clearly states that:-

 

"You will be responsible on a full indemity basis for any costs, charges or expenses (including legal expenses) at all that we have to pay or bear, as well as our reasonable admininistrative expenses in connection with any steps we take."

 

Obviously this means we can't claim back the solicitors and court fees added to the account because they've got that written in black and white. However, nowhere in the booklet does it state what the redemption fee is. Does anybody know what TML's redemption figure was in September 2004 or where I could find out what it is? Kensington have charged £145.

 

Any advice on the above and what steps to take next would be grately appreciated.

Link to post
Share on other sites

 

Ironically, when they took hubby to court for arrears, they attached "The Mortgage Lender General Mortgage Conditions Booklet 2002 - 1st Edition" to the particulars of claim.

 

I have read through this and it clearly states that:-

 

"You will be responsible on a full indemity basis for any costs, charges or expenses (including legal expenses) at all that we have to pay or bear, as well as our reasonable admininistrative expenses in connection with any steps we take."

 

Obviously this means we can't claim back the solicitors and court fees added to the account because they've got that written in black and white. However, nowhere in the booklet does it state what the redemption fee is. Does anybody know what TML's redemption figure was in September 2004 or where I could find out what it is? Kensington have charged £145.

 

Any advice on the above and what steps to take next would be grately appreciated.

 

 

I am just being a bit dim here;), I am fairly sure that means that Kensington will charge you their legal fee's and admin costs. You will be expected to pay their costs. They have done this before ot other CAG users.

 

Are you talking about exit fee or early redemption charges?

 

 

Mortgage Exit Fee Letter

 

Motgage Charges Prelim Letter

 

Sorry late at night (and nicotine withdrawl-just quit) Brian is not functioning as it should!:D

Link to post
Share on other sites

I'm talking about the redemption (admin) fee. I'm aware that Kensington are being very funny about the ERC thing, so would prefer just to get some money back from penalty charges first.

 

Hubby is no longer with Kensington, so they can't make him pay for their legal costs without taking him to court - they can't add fees to a non-existent account!

Link to post
Share on other sites

Yes, and I believe this refers to ERC, which we're not claiming - just the redemption admin fee of £145. There is a lot of other money outstanding that we would like back, but until there is any firm concrete evidence that Kensington will comply with this, we're not going down that road.

 

At the end of the day, they have not proved any manual intervention on the £50 monthly arrears, so this value is unjustified.

 

AND WE WILL WIN!!!! (Yes, I'm thinking positive and will not bow down to bully boy tactics!)

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...