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    • Who actually carried the items? Was it Hermes? I understand that you declared that they were loudspeakers and that before you enter the contract you were told that they would be protected for loss only and so you took out an insurance to cover that risk – is this correct? I'm afraid that if that is correct then there is probably very little you can do. Was it provided to in writing that these would be protected for loss only?   
    • Hi Peter,   I recall Barclays required the account to be brought under a stated threshold. I presume that the failure to comply would allow immediate payment and the filing of a default.?  
    • Peter,   I thought overdrafts were payable on demand ?  
    • I'm sorry but this may be a long post but I really need some advice : My son has been working on a fixed term, claims based contract which usually finishes at the the beginning of January and then employees are asked back.. Unfortunately I was sent home from work to self isolate due to being in contact with a positive contact .I then started to feel unwell and sent for a test which unfortunately came back positive so my son had to also isolate. During this time he had kept his employers informed that he was having to self isolate and that I had received a positive and he had ordered a test and was being tested. (which actually came back positive) This is where it starts to go wrong ,although he had contacted work and gave the names of the colleagues who he had been in contact he sent an email (or so he thought) informing them that he was positive .It was not until he returned to work that he realised that the email was sitting in drafts. The app said that he had to isolate until 28th (he went to work on 28th) which he showed them when he got to work, however it does say that you have to isolate 10 days from the test or from when you start displaying symptoms so he had been isolating for 14/15 days. He was sent home as no one was aware of his test result and was told that the manager would contact him to arrange to speak to him but she was currently on holiday. He sent an email explaining all the time lines .He did not hear anything back until last week asking him what shifts he would be available for in the new year, all good we thought but then he received a letter yesterday stating  "After a thorough investigation relating to your conduct upon receiving a positive COVID-19 test result, the decision has been made not to offer you further employment " He replied saying that he did not know that there had been an investigation and requested the copies of the investigation. The reply was " "as you are not currently in the employ of ---------------there is no legal requirement for me to provide evidence for this. However in light of your request for information, the following informed the final decision:" The absence of communication with a manager upon confirmation of a positive COVID-19 result The absence of communication with a manager to arrange your return to work following a positive COVID-19 test result The high level of risk to people and business associated with the two points above The approach to communication with colleagues and management upon your return to work We have a duty of care to protect our employees and members of the public, and as we continue operating within this pandemic we must be able to fully trust our team to follow correct procedures at all times. Can anyone help please ? Do they not have to provide evidence especially he was not given the opportunity to defend himself.
    • Hey guys - I've read a fair few of the Hermes related posts but hoping you can guide me here.   I paid Parcel2Go to ship 2 speakers to me, via ParcelForce from an ebay seller (Value £170 + £33 shipping) I stated on the form it was 2 speakers, and having been told that these were protected for loss only, I took out their insurance (£9 cost) The seller packed them according to their packaging tips page - two layers of corrugated cardboard and some corrugated plastic cushioning (4 layers).    They arrived badly damaged - the base smashed on one, cracked on the other. Dents on both. Looks like they had been dropped several times from a reasonable height.   Parcel2Go are now saying that they class these as Musical Instruments and that they must be packed in a hard case.  As such they will not pay anything towards the damage. After searching through several pages, and buried links, I've have found this in their terms but its buried pretty deep, and wasn't at all clear in any correspondence, or during the booking process.   Do I have a leg to stand on in terms of making a claim in small claims court? Really disappointed in the terrible handling of both the parcels and the complaints process.   Thanks for any advice - its very much appreciated.    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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


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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

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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.

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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.

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

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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 ?

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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

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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.

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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.

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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)

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

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Very, very good news :)

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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  • 2 weeks later...
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?

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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.

Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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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.

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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).

 

 

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

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

Congratulations

:D :D :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!

 

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  • 1 month later...
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!

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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!

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:) 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

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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