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    • Never heard of that....a mediator cant impose that ...nor the defendant unless it was mutually agreed between both parties.
    • Okay ..before you can sue them you need to look and comply with  pre action protocol before proceeding with litigation. This will involve sending them a Letter before claim laying out your grievance and what you require as a refund and set them a deadline to which you expect a response and a last chance to settle this matter.    Have a read of the following.   https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf
    • January 2020 - Paid a deposit of £1K and signed contract for wedding which was scheduled to be July 2020 March 2020 - They asked me to pay another £2K despite me emailing them my concern about the wedding not going ahead but they threatened me that I would be in breach of their contract. So I had to pay.  May 2020 we received an email from them telling us we can either rebook or face cancellation charges as per contract - these are 50% of total venue hire if cancelled within 9 months or 95% of total venue hire if cancelled within 6 months. the total venue hire cost was £6700. Under pressure, I chose to rebook because I did not want to lose 95% and they did not give me an option of a refund. They gave me very specific restrictions in which I could rebook the new date e.g in peak season between April 2021 to October 2021 and only on a sunday. Additionally they increased the price to book for the year 2021 by £200 bringing the total cost to £6900 June 2020 they send me a variation agreement for the change of date which they forced me to sign otherwise I would lose the new date I had agreed which was July 2021.  November 2020 I sent an email that I should be offered a refund as opposed to reschedule. They declined and I sent a solicitor letter giving them 7 days to return the money. They then responded with another solicitor letter refusing and told me that I owe them another 2k as part of the next instalment otherwise I would be in breach of their contract I wrote back to the solicitor that I was seeking legal advice but I have made it clear that I can no longer go ahead with wedding and do not owe further payments.  I should add that when I stated that my contract was frustrated they told me I only made a room hire and this does not include number of guests despite it stating on their contract "up to 500 guests". I wanted to claim back the 3K that I have given them and I am also afraid they will ask for more money as they will claim I am in breach of their contract. 
    • If it happens – then it will happen at the mediation negotiation where personal they will try to knock you down to reduce the value of the claim. They will try to withhold your court expenses and at the end they will try to say that they will pay the money on condition that you agree not to say anything about the mediation process that you have been through. It's up to you whether you want to stand your ground and tell them no on all counts and that you will go to court – or if you want to compromise either on the gagging agreement or even on the amount of money that you are seeking. I think they have no grounds for forcing you to do anything. I think your position is very comfortable
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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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My only concern is that I spoke to some1 today from the FSA and they told me that whilst the OFT had condemmed excess late charges on mortgages they had not taken steps to prevent them from being charged as with current account bank charges so in theory the mortgage company is within its rights.

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Its always difficult to know when your being ripped off I think, thats why forums like this are so good as most of whats said is relating to an individuals experience, the FSA etc tend to blind me with science and come away more confused so im very grateful for any advice. Thankfully im no longer a customer of Kensington but would certianly like to get them back for being such ar**h****s. I find it amazing that companies who deal in the "subprime" market seem to get away with treating their customers so badly and charging such high interest rates, its just taking blatant advantage of some1s previous difficulties.

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Hi gang,

 

OK as I understand it - it will cost £50 to send in the bailiffs, this being the case I'll have to wait until payday (Wednesday) till I'll get the ball rolling.

 

But I see I'm not the first to do this :-

 

Bank charge victim sends bailiffs | This is Money

 

 

Mochamoo - could you pm me those email address and phone numbers thanks.

 

Let youall know whats happening soon.

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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Hi gang,

 

OK as I understand it - it will cost £50 to send in the bailiffs, this being the case I'll have to wait until payday (Wednesday) till I'll get the ball rolling.

 

But I see I'm not the first to do this :-

 

Bank charge victim sends bailiffs | This is Money

 

 

Mochamoo - could you pm me those email address and phone numbers thanks.

 

Let youall know whats happening soon.

 

Take a look at this, you may be able to do it without delay.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=9

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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  • 2 weeks later...

Right, the clock is ticking.

 

Sent in my application for a 'Warrent Of Execution' and £55 cheque to the court and gave Kensington's head office in Paddington as the address where the bailiffs should be sent.

 

Will be sending emails of too various media interests today - a big thank you to mochamoo - will keep you up to date on developments.

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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Sent in my application for a 'Warrent Of Execution' and £55 cheque to the court and gave Kensington's head office in Paddington as the address where the bailiffs should be sent.

 

 

 

Wahey!!!!!!!

 

About time these were brought to account!

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Dam and blast it

 

The court has rejected my application for a warrant of execution - because the figure I am claiming does not match the figure on the order.

 

I now have to write a letter to the court and explain why the figures don't match - the reason is Kensington have added their solicitors costs since the order was made and in direct violation of the order.

 

I sometimes wonder what exactly Kensington have to do to get the court to actually react and kick butt.

 

Letter this weekend ahhhhhhhhh.:-x:-x:-x

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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Guest DEATHLORD

Hi,

As far as this company is they will do nothing and do every thing to stop you doing any thing.

I wonder if the judge have money tried up in these companies as they do nothing agaisnt them, knowing full well that they do worng.

I am at this time taking them back to court they know we are selling our house as they wrote and said sending deeds to solicitor on 23rd then get letter dated 25th saying they are going to court! and you ask what will the courts do NOTHING :-x :-x :-x but still we are asked to pay £1000s in ERC which they know is worng.

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  • 2 weeks later...

Blood is boiling !

 

The day after I get a reject letter from the court , I get a phone call form ' Chris ' in admin form Kensington ' ( tip off from the court maybe ?)

we will be crediting your account soon we will be in touch (but this is only the solicitors costs)

 

- ah but what about the order.

- Order what order ?

 

I have just read jamorgan thread, Kensington are demanding their costs be paid - funny when they owe us money they take their sweet time about it and the court seems to be quiet happy about it.

 

A week has passed and still no money - back to plan A I think, letter to Kensington 1 final final final warning and then court, no though they'll come up with another excuse why they can't send bailiffs in.:-x :-x

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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Why warn them just issue the warrent and get stuck in do you have the order go to a private bayliff if the court wont play

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  • 1 month later...
  • 2 weeks later...

Sorry,

 

Yes last mortgage statement shows all monies refunded - at last.

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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Congratulations Louisk, I have just read your complete thread and it has me wondering whether I should have the courage to send off a SAR to Yorkshire Buidling Society (£35 admin charge each time my monthly DD was refused).

 

What is CAG overall feeling on reclaiming the monthly arrears charges - not ERC, just the monthly ones for refused DDs?

 

... Your answer will determine whether I send off a SARequest today! :D

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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They are penalty charges and should be reclaimed. Send your S.A.R - (Subject Access Request).

 

(And then start your own thread about it here http://www.consumeractiongroup.co.uk/forum/mortgage-companies/)

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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  • 6 months later...

kensington seems to think they can get away with murder i have come into trouble with my mortgage . thru ill health. now i have contacted them they gave me 2 months only with 200 less to pay . i ask them just to bear with me until my income support and disabity living allowance is sorted and ill then can pay them in full. but they say no unless i start as from now paying . they will give me 2 months [end of march]then they will start action to evict me from my home . i do have the choice to sell but if i do i will have to pay them a extra 6k penlty. so let them do as they wish cos they wont then get any money so all beware of this lot of thugs

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/131859-kensington-mortgages.html

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Hi nasrcity,

 

From experience with Kensington i would like to ask are you dealing with them by telephone.

 

I was in a similar situation as yourself and put my trust in Kensington to start but, after the first county court application to suspend i conducted all further matters by letter. I would advise you to do the same and if they call ask them to reply by letter. You will receive a better outcome if it should go to court and you can provide evidence of your situation and offers to pay. And the replies from Kensington if they are harsh will not sit well with most District judges.

 

Evidence and proof are very important if it does go further. ;-)

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hi nut.magnet. thanks for ur reply i have just been writing a letter to them .but do u know how long b4 they really start to try and get my house back as i think they are trying to scare me .

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Hi nasrcity..

 

My experience of Kensington was very harsh and they did like to rack up the solicitors costs and monthly arrears fee. I was clear of my ERC charge so i could have sold but, remortgaging for me at the time was not possible.

 

They started after i was three months in arrears and at the time the monthly arrears fee was added to the arrears. Now they add this to your mortgage along with all solicitors costs.

 

I have given advice to another person recently tied into a Kensington mortgage and believe they have become slightly more aware that District judges don't take kindly to the way they handle their mortgages. The person i just advised had six months of arrears and kept his home. I guess its all down to how much you owe on your mortgage, equity and how much you can repay off the arrears each month.

 

Remember they can't just take it and you have options to fight any repossession orders that land on your doorstep.

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hi thanks for ur reply right i had 1 month where they accepted a reduced payment of 200 now i have just missed this 1 st payment and as income support has only just paid out [as u can imagine will not cover my mortgage i asked them to help with my mortgage income support rule is 39 weeks and then they will pay the interest only .fine but by then ill be out on my ear.which i tryed to explain to them i will lose my house the girl just put the phone down.so i phoned kensington then told them they said well u have 2 months b4 we start to take the house back . disabilty living allowance take up to 16 weeks . but what i have done is registered with the local council just in case and im trying to find out as much info as i can i just might hit a loophole . they have already now added £20 for cancelled d/d which if i didt do that then the bank would have slapped there charges on as well as kensington.plus now another £50 for non paymen. so any info any1 has

however little im gratful thanks for ur help

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/131859-kensington-mortgages.html

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