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

[special_k]

I'd really like to know how you get on with this. My mum will be claiming and would love to know how it turns out. It sounds like Kensington are extremely difficult.

 

Am I right that it is £450 you are claiming?

 

Thanks,

K

[curlysmum]

I also watch this with interest as I have managed to escape from Kensington last November after 3 long years avoided the Redemption Penalty but had a £50.00 per month charge for 2 years, so am going to now start the process.

[Louisk]

Hello everyone,

 

Right the latest - Kensington have made an offer :-

 

Dear Sir

 

YOURSELF -V- KENSINGTON MORTGAGE COMPANY LIMITED

 

Whilst our client is satisfied, that it could justify the mortgage arrears fees, at any court hearing, and it is happy that the court would view the £50 per month fee, as being both reasonable and genuine pre-estimate of loss, proceeding with this matter, is not viable to our client, due to commercial considerations.

 

As the matter is proceeding in the small claims, it is unlikely that our client will be successful in recovering any of these costs.

The costs of dealing with this matter, compared to the size of the claim, are therefore disproportionate.

 

The overriding objective of the civil procedure rules, dissuades parties, to litigate, when the costs are disproportionate.

Accordingly, we would seek to settle these proceedings upon the following basis:

 

1. Our client will refund the sum of £450.00 to the mortgage account.

 

2. Any costs incurred in relation to defending your claim, will not be debited to the account, and any costs debited to date, will be re-credited.

 

3. Any interest which is debited in relation to the charges, and costs, will be re-credited to the account.

 

Please confirm that you are prepared to agree to the above terms, whereupon we will send to you a consent order for signature.

 

 

 

First problem they have n't added court cost to the £450

 

Second problem it would appear they ve added their costs to my mortgage balance- £1757 appeared on my statement in November, marked as Agents Costs. I ve asked Kensington to explain this £1757 and they will not respond. The Court has not awarded them costs - so how they can add their costs to my account beggers belief.

 

I was going to send a complaint to the financial ombudsman to force Kensington to give me details of this £1757 - but since this offer arrived I think I now know what its all about.

 

The question is now what my next step should be ?

Should I point out to the court that they have awarded themselves costs ? Should I just accept the offer ?

 

This lot really do play dirty - if you take them on be prepared for a fight and if you still have a mortgage with them check your statements this lot are a bunch of ROGUES.

 

Advice please as to where I stand now.

[tallchap]

From what I've read these are one of the worst and deploy more £££'s to legal defence of a shabby service than customer service.

 

Could you reply stating that an acceptable offer would be a) a reasonable settlement b) the court costs inc. c) the £1757 refunded ?

[zootscoot]

WOW an offer from Kensington, thats ground breaking stuff!

 

Well done you.

 

The charge may be something completely separate. Its worth checking to make sure and find out exactly what it was for. Have they simply ignored you before? How did you ask was it by letter or phone?

 

The question of whether to pursue the court fee will depend on how confident you are at arguing the point in court. Particularly given that the CPR request was refused.

 

All the best

 

Zoot

[Seminole]

It sounds like the £1,757 is their legal costs and you will need to check that this is what they mean when they say in point 2 that they will be crediting your account for any costs already charged. Your own costs should also be refunded.

 

I looks to me like they want to settle but you need a much more explicit settlement letter that sets out the figures in detail and a statement of your account showing the transactions before discontunuing your claim.

 

As to why they appear to have charged their legal costs to your account, you need to look at your mortgage conditions. Sub prime lenders like Kensington sometimes include a contractual clause that you are liable for their legal costs in any action that they pursue against you or you pursue against them. I know SPML do this and they tried to take advantage of this before they capitulated to me last year.

 

The likes of Kensington and SPML like to intimidate their customers. Clauses such as this are intended to frighten you off litigation. In reality they probably wouldn't stand up in court where litigation is begun by the customer because not only are they manifestly unfair but they also seek to subvert the purpose of the small claims system.

 

As you say, these sorts of people are pretty tricksy. I will never deal with their likes again.

[zootscoot]

Just to add that Kensington's and Platform's costs clauses did stand up in court in jamorgan's and Carbydis' claims so do be wary.

[Seminole]

Just to add that Kensington's and Platform's costs clauses did stand up in court in jamorgan's and Carbydis' claims so do be wary.

 

Agreed. I've only just seen that they were cited. However, I believe that this was before track allocation or when the claims had been allocated to the fast track. I think it would be more difficult for the mortgage company if the claim had been allocated to the small claims track.

[Louisk]

Finally got a reply from Kensington regarding the £1757 - it was

 

 

' soliicitors costs regarding recent Court Action '

 

And

 

' Upon further consideration it has been decided that this fee should not be charged to your account. '

 

So

 

I ve decided to accept their offer but it has to include my court costs so the total I am looking for is £565 (450 + 80 + 35). Ball back in their court (pardon the pun)

[zootscoot]

Excellent news!

[dolly]

Very, very good news

[mila]

Finally got a reply from Kensington regarding the £1757 - it was

 

 

' soliicitors costs regarding recent Court Action '

 

And

 

' Upon further consideration it has been decided that this fee should not be charged to your account. '

 

So

 

I ve decided to accept their offer but it has to include my court costs so the total I am looking for is £565 (450 + 80 + 35). Ball back in their court (pardon the pun)

 

Im pleased for you Louisk, well done.

 

I have a mortgage with them as well, I too will be making a claim for the arrears charges and anyother unfair penalty charges

 

Oh I presume it would be ok to claim from them, as i still have a mortgage account running with them?

[alanfromderby]

Im pleased for you Louisk, well done.

 

I have a mortgage with them as well, I too will be making a claim for the arrears charges and anyother unfair penalty charges

 

Oh I presume it would be ok to claim from them, as i still have a mortgage account running with them?

 

 

Never presume anything with mortgage claims - carefully read the FAQ's before doing anything.

[Nightmare4banks]

Alan,I totally agree with you!

[mila]

Alan,I totally agree with you!

 

 

Thanks Alan & nightmare

 

I will do that.

 

I have read a lot about Kensington in these forums and there is no way I will be taking this likely. But I really need to make a stand to them, as the £50 arrears fee is killing me, I have been paying for a while.

[Louisk]

Got my consent form today - they have agreed to refund my £450 plus court costs and I also asked them to include a declaration that no further costs would be added to my account regarding this legal action.

 

 

"Dear Sir

 

YOURSELF -V- KENSINGTON MORTGAGE COMPANY LIMITED

 

Further to your letter of 7 February 2007, we confirm that we will arrange for the sum of £565 to be re-credited to the account.

 

We also confirm that any costs debited to the account in relation to this action will be re-credited.

 

We also confirm that no further costs will be added to the account in relation to this action.

This will be in full and final settlement of your claim under claim number 6QZ49213.

 

We enclose a consent order incorporating the above terms for your signature and would ask that you return the same in the pre-paid envelope, as soon as possible."

 

I estimate they have spent £2000 defending this case - good I hope it b****y well hurts ( Do I sound bitter and twisted - thats what happens when you end up with a mortgage with this lot, I think the MAFIA has lower interest rates).

 

 

[zootscoot]

Fantastic News!!!!!!!!!!

Congratulations

:D

I've changed your title to something more fitting.

I too hope those legal costs hurt.... it won't be the last they waste on defending claims!

Well done to you!

I'm thrilled!

 

[kippy2]

blooody excellent news!!!! :D i too hope the legal fees hurt

[mochamoo]

Bloody good news! Well done

[mila]

Congratulations !!!!!!

 

mila

[paulpb123]

Great news Louisk, very well done against stiff opposition.

[mullingarman]

Well done Louisk. Congratulations.

[rubber duck]

Got my consent form today - they have agreed to refund my £450 plus court costs and I also asked them to include a declaration that no further costs would be added to my account regarding this legal action.

 

 

"Dear Sir

 

YOURSELF -V- KENSINGTON MORTGAGE COMPANY LIMITED

 

Further to your letter of 7 February 2007, we confirm that we will arrange for the sum of £565 to be re-credited to the account.

 

We also confirm that any costs debited to the account in relation to this action will be re-credited.

 

We also confirm that no further costs will be added to the account in relation to this action.

This will be in full and final settlement of your claim under claim number 6QZ49213.

 

We enclose a consent order incorporating the above terms for your signature and would ask that you return the same in the pre-paid envelope, as soon as possible."

 

I estimate they have spent £2000 defending this case - good I hope it b****y well hurts ( Do I sound bitter and twisted - thats what happens when you end up with a mortgage with this lot, I think the MAFIA has lower interest rates).

 

 

 

 

Hi There

 

i really loved having read of your humiliation of this vampire of the mortgage companies the rogue Kensington outlaws..but now everybody will sort them out ..after all they can only defend so many actions!

well done..god bless you and good luck!

[rubber duck]

Thanks Alan & nightmare

 

I will do that.

 

I have read a lot about Kensington in these forums and there is no way I will be taking this likely. But I really need to make a stand to them, as the £50 arrears fee is killing me, I have been paying for a while.

 

 

Dear Mila

there are many people who are in the same situattion as you are..i am one!now after having read all about them and the way they [edit]people blind i shall be another one of no doubt many people who shall take them to court too..as i am also loking for similiarly treated people maybe we can all get together on these forums for a joint strategy to defeat these [edit]..? if we all stand together and show them our resolve,i don1t think they`ll even defend the cases!

[catherinebear]

Congratulations!!

We to have been had by Kensington you will see from my thread that we had to pay back over £17,000 more than the original loan and we had to sell or be repossesed. So now we are going to issue MCOL for approx £3000 in charges which they made for unpaid dd etc. You have given us real hope well done to all on this site who continue to fight the good fight.

Catherine and Dave

xx