Yes Yes Yes **first Win From Kensington!!!!!!!!!!**

[Louisk]

Court allocated a 15 minute hear for the 23/11/06 - got a letter today granting Kensington's legal people an appliction for a 1 hour hearing, date to be advised.

 

I would have thought that I should have been given a copy of the application, which would have given me a chance to object - court does n't seem to being taking a balanced approach.

[Seminole]

At the very least you should ring/ call into the court and ask them for a copy of the bank's application.

[Louisk]

Got new date for court 13 Dec, 1 Hour hearing for our 2 applications - at last.

[hulsevictoria]

Oh gosh Louisk. Don't panic ok.

I'm going to be panicing for you. I too will be going through this soon. So I am following your case closely to see how you get on.

We realy shouldn't panic though, this is how the well oiled legal system works and it's just the next stage in the process. It's just a bit overwhelming and frightning to the layman (you and I) but we have some awesome helpers on this site guiding us.

Keep posting, let us know how your getting on.

[Neil Birch]

I had the pleasure of sitting at Swindon County court last year as part of some research [small claims are heard in a private room or chambers and are informal-usually just the District judge claimant, defendant and tape recorder]

In all I sat for 8 weeks on a monday -all possession hearings are held on a monday starting at 10am

I expected a long list from the Halifax[uk largest lender] followed by the Abbey [second biggest ] etc

This was the biggest eye opener.

It was kensington and GMAC everytime.

And the judges didnt like it because they could see the charges being racked up but the defendant NEVER complained about them and they can only deal with the facts in front of them.

It appeared that they wanted the motgagee TO get into trouble that way they could add more and more charges to the debt.

Also swindon is under staffed so do check your paper work there are the occasional mistake out there

[Louisk]

Thanks your support and insider info victoria and neil, I will let know how I get on.

[dolly]

If I was nearer I would come with you - please keep us updated.

[Neil Birch]

I wish you well .

Although you will fear the court system, please dont.

Kensington I doubt will turn up , they will either submit a written reply or more likely send an agent , usually a local solicitor, who hasn't intimate knowledge of the case.

The case will be heard in a smaller room [top of the stairs turn left, check in with the [usually] female usher , the other side will probably acknowledge you and confirm you are ready to go in .

you will be called at the correct time although other cases may overrun and there maybe 2 listings at the same time [remember the parking around islington st is probably paid for so have enough money]

The judge [who is a solicitor in his own right] will go through the case.

He will be aware you are a litigant in person and will try and avoid big legal terms etc, if you do not understand please ask the judge to explain and lastly little things impress them , be polite and dress smartly.

good luck NB

[00765]

Good Luck. I'm rooting for you, as i prepare to commence my own ERC with Kensington to the tune of £17,000 that they snatched as an Early redemption fee

[ellielou]

Good luck Louisk - I'm sure you'll be fine.

We'll all be thinking of you.

[Louisk]

Application to have case struck out ------ Refused

Application to have case stay lifted ------ Granted, (All stayed cases in Swindon are being lifted).

 

 

However wil have to amend particulars of claim (given permission to do so by Judge) Claim is reduced to £450 as Kensington for some starnge reason have not applied any arrears charges since June ?

 

Arrived at court, met nice young chap representing Kensington all the way from London, handed me 'Skeleton Argument of Defendant' 10 mins before going into court -

" didn't have your fax number " says he,

" you have my postal address" says I,

" not enough time " says he,

" I bet" says I.

 

After it became clear that case was not going to be struck out

the nice young chap keapt pushing for an expert financial witness to attend court --- this the Judge declined, not sure what the stratgy was behind that move.

 

Kensington also wanted to make submission on costs - also declined by Judge.

 

I requested CPR18 and standard disclosure - not applicable in small claims says Judge. (Yes I know but I thought I'd give it ago)

Could I claim £90 for LBA as Kensington do - No says Judge.

 

In fact I said vey little at the hearing - Judge did most of the talking.

 

One thing of interest the Judge did say " the courts are expecting a ruling from the FSA early in the new year regarding charges " I did ask did he mean OFT, no he was told FSA.

 

So there you go I don't think Kensington will be very happy - good.

I do have a feeling this will go all the way to court, the legal fees Kensington are paying must by now far out strip the value of the claim.

 

The fight goes on.

[Neil Birch]

Can i ask which district judge ?

[ellielou]

Well done Louisk - it must have been quite daunting, but really well done.

One step nearer now

[Louisk]

Thanks ellilou,

 

Neil - I think his name was Judge Smith he was from Bath County Court, I've got some paper work due from him I'll confirm his name later.

[Neil Birch]

thank you for the info .

your comments on the 'stay' are welcom as i seem to come across more and more people in this position.

I would like to echo ellielou commendation , well done and keep us all posted

nb

[mcuth]

Nice work on the "stay lift" - have just put my application in against Egg today Just subbing to your thread - with an offer of buddy support from another Swindonite if you need it

 

Cheers

 

Michael

[Louisk]

Just found this, Barry Sheerman MP was asking questions in parliment about Kensington way back in 2000.

 

House of Commons Hansard Written Answers for 7 Mar 2000 (pt 8)

Kensington Mortgage Company

Mr. Sheerman: To ask the Secretary of State for Trade and Industry what recent discussions he has had with the relevant local trading standards offices concerning the activities of the Kensington Mortgage Company. [112783]

Dr. Howells: I have had no such discussions.

Mr. Sheerman: To ask the Secretary of State for Trade and Industry (1) if he will order an inquiry into the lending practices of the Kensington Mortgage Company; [112782]

(2) if he will make it his policy to investigate the activities of non-status lenders in the mortgage lending sector. [112781]

Dr. Howells: Most non-status lenders hold consumer credit licences issued by the Director General of Fair Trading. The Director monitors the continuing fitness of licence holders. He also monitors lenders' and brokers' compliance with his guidelines on non-status lending.

Mr. Sheerman: To ask the Secretary of State for Trade and Industry what recent discussions he has had with the Council of Mortgage Lenders concerning the (a) commissions, (b) penalties and © other charges made by the Kensington Mortgage Company. [112779]

Dr. Howells: None.

Mortgage Sector

 

Mr. Sheerman: To ask the Secretary of State for Trade and Industry what steps he is taking to protect vulnerable consumers from high levels of commission rates charged by non-status lenders in the mortgage sector. [112778]

Dr. Howells: The Office of Fair Trading published guidelines for lenders and brokers in the non-status market in 1997 include guidance on lenders commission structure and disclosure of brokerage and other fees payable by the borrower. The Director General of Fair

7 Mar 2000 : Column: 588W

Trading has indicated that lenders and brokers who do not comply with the guidelines risk licensing action under the Consumer Credit Act 1974.

Mr. Sheerman: To ask the Secretary of State for Trade and Industry what protection his Department provides to mortgagees in respect of the penal rates charged to consumers by mortgage lenders who fall behind in their payments. [112777]

Dr. Howells: If a mortgage loan is a regulated agreement under the Consumer Credit Act 1974, the lender cannot charge interest on arrears, when the borrower defaults, at a rate which exceeds the contractual rate of interest. The Act also contains provisions, not restricted to regulated agreements, which enable consumers to apply to the courts to have their credit bargains re-opened if they are extortionate. One of the factors the courts can take into account when considering whether a credit bargain is extortionate is prevailing interest rates at the time the agreement was made. Among other remedies, the court is able to alter the terms of the credit agreement or order the creditor to repay sums paid under the agreement to the borrower.

The Unfair Terms in Consumer Contracts Regulations 1999 provide that terms in standard form consumer contracts (other than terms about price or the subject matter of the contract) are not binding if they are unfair, and enable the Director General of Fair Trading and others to bring injunction proceedings before the courts.

Mr. Sheerman: To ask the Secretary of State for Trade and Industry what guidance his Department gives to mortgage lenders on appropriate levels of charges to their customers. [112780]

Dr. Howells: None. However, the Director General of Fair Trading's guidelines for non-status lenders and brokers require charges on default to be reasonable and do no more than cover the lender's administrative costs. The Director General has also issued guidelines under the Unfair Terms in Consumer Contracts Regulations 1999 which say that it is unacceptable for lenders to vary interest rates at will unless consumers can end the contract immediately and without penalty.

 

House of Commons Hansard Written Answers for 6 Mar 2000 (pt 18)

 

 

Mortgage Lending

Dr. Cable: To ask the Chancellor of the Exchequer what arrangements he has to review prudential upper limits on loan-to-value ratios by mortgage lenders; what are the rules of the Treasury in setting prudential limits; if he will obtain and publish copies of the rules of the Bank of England and the Financial Services Authority relating to setting prudential limits; and when the prudential limits were last reviewed. [112516]

Miss Melanie Johnson: The Financial Services Authority and the Building Societies Commission are the independent prudential supervisors of banks and building societies respectively. All their prudential notes are publicly available. In carrying out their responsibilities, the supervisors take a wide range of factors into account, which includes assessing lenders' exposure to mortgage risks, and undertake regular reviews of market practice. It is a requirement of authorisation that banks and building societies should run their operations prudently, and they should apply a minimum 50 per cent. risk weighting to assets fully secured on land.

Mr. Sheerman: To ask the Chancellor of the Exchequer (1) if he will refer the commission and penalty charges levied by the Kensington Mortgage Company to the Financial Services Authority; [112774]

(2) what steps he is taking to improve the transparency of the conditions offered by mortgage lenders to their customers; [112773]

(3) if he will ask the Financial Services Authority to conduct an inquiry into the non-status mortgage lending sector; [112775]

(4) what recent discussions he has had with the Financial Services Authority regarding the activities of non-status mortgage lenders. [112776]

Miss Melanie Johnson: I announced on 26 January that the Treasury would give the Financial Services Authority (FSA) responsibility for regulating most residential mortgages. All mortgage lenders, including those which specialise in the non-status market, will have to be authorised by the FSA, with specific permission to lend on mortgage. All mortgage lenders will have to satisfy the FSA that they are honest, competent, trustworthy and solvent, before permission can be given.

6 Mar 2000 : Column: 518W

The FSA will regulate mortgage advertising and require all mortgage lending activity to include specific disclosure of the main features of the loan.

I also announced on 26 January that the Treasury would set new benchmark, CAT standard (cost, access, terms) mortgages for variable and fixed or capped interest rate mortgages. Although voluntary, these will provide a yardstick to help borrowers make better informed, confident mortgage choices and avoid products which have in some cases caused detriment in the past. It is expected that CAT standards will be finalised shortly, following discussions with the mortgage industry.

The FSA will embark on a formal consultation process in the early summer and will consult on detailed rules for mortgage regulations towards the end of the year. Unauthorised mortgage providers will need to apply to the FSA by the middle of 2001, and the FSA expects to have the new regime in place by the third quarter of next year. The Treasury is in frequent contact with the FSA to discuss how these matters are progressing. However, it will be for the FSA to decide whether to initiate investigations into particular areas or firms in the mortgage market, once it has the powers to do so.

In the meantime, all mortgage lenders in the non-status market have to comply with the guidelines issued by the Director General of Fair Trading in November 1997. These guidelines include the need for transparency in all dealings with potential and actual borrowers, and to ensure they do not engage in unfair business practices. Failure to comply with the guidelines could call into question a firm's fitness to hold a consumer credit licence.

[Louisk]

At the hearing of 20th December (Where Kensinton tried to have the case struck out - and failed) it was order that:-

 

'By 10th January 2007 the claimant/Defendant MUST send to the court and to the claimant/Defendant copies of all documents he intends to rely on at the final hearing. '

 

I have sent my bundle to court and Kensington's solictors - but I have not recieved anything from them. The Question is where does this leave Kensington now ? They have failed to comply with a court order what should my next step be ?

 

Any ideas anyone ?

 

BTW Neil if your still out there the name was Goddard not Smith sorry.

[alanfromderby]

You need to complete a form N244 and apply that their Defence be struck out, without the need for a hearing, as they have failed to comply with an order of the court. You may have to pay a £35 fee, but it will be added to the claim automatically.

[Louisk]

Thanks very much Alan, will do first thing tomorrow morning.

[Louisk]

Finally got a bundle form Kensingon - 5 days late, its just a photocopy of their terms and conditions. Still waiting to hear from the court.

[Louisk]

I am suppose to supply the court and Kensington with a witness statement - anybody got any ideas what I should say and how to word it?

[alanfromderby]

The witness statement is basically a time-line of events giving your side of the case. It is what you would say in court, when the Judge asked you to give your account of events.

 

It would include the history of the period the charges were levied and that you disputed those charges and requested repayment - giving dates and references to the documents in your bundle. Their response to your requests for a refund, and the date you sent the final warnings of legal action etc.

 

Then explain the legal basis of your claim - again referencing the documents in your bundle.

 

Finish by repeating what you are claiming...and don't forget to add any extra expenditure that you have incurred in photocopying documents etc.

 

The usual format for court documents should be used - copy the layout of the banks witness statement if in doubt. You will also need to include the Statement of Truth at the end - this is essential, and the bank could get the statement thrown out if it is missed off.

 

Hope this explains what you need.

[Louisk]

Thank you very much Alan, will get on it right away

[Louisk]

Finally got a reply from the court : -

 

Upon considering the Claimant's application dated llth January 2007 (copy attached) and the file And upon notice having not been given IT IS ORDERED THAT

1. This claim is listed for hearing on Tuesday 20th March 2007 at 12.00noon at Swindon County Court, The Law Courts, Islington Street, Swindon, Wiltshire, SN1 2HG (time estimate 1 hour).

2. If not already served :-

a) the Claimant must serve upon the Defendant by 4.00pm on 2nd February 2007 the documents filed with his letter to the Court dated 9th January 2007

b) the Defendant must serve upon the Claimant by 4.00pm on 2nd February 2007 the documents filed with their letter dated 15th January 2007.

3. The Defendant shall prepare and file by 4.00pm on 9th February 2007 a consolidated bundle of documents in chronological order duly indexed and paginated.

4. This order has been made without a hearing under the Court's management powers in Part 3 of The Civil Procedure Rules. You may within 7 days of the service of this order apply to the Court to set aside or to vary the order under Part 23 rule 10. You must file with the Court and serve on the other parties an application that sets out your reasons for objecting to the order. The original application [if any] will be listed for hearing with your application unless you ask the Court to vary the order without a hearing.

Dated 22 January 2007

 

 

 

Not exactly the knock out blow I was hoping for, feel a little let down by the court, Kensington have not met any deadlines - even their witness statement is going to be late but this time they have made an appliction to the court. I have sent my witness statement to the court but not Kensington - told the court this.

 

Solicitors get paid a lot of money, asking them to keep to deadlines wouldn't seem like asking much, they seem to have nothing but contempt for the court and us - and the court lets them get away with it.