Sorry this was my mistake it was never Lowells - its JCI then now Moriarty Law. Have filed response online and done ass you said DX. Letter in post (recorded) for CRP 31.14 Thank you for help will keep thread updated when response comes in Thank you

Sorry its JC International Acquisition LCC 16 McLeland Road, St Cloud, Minnesota, USA, 56303

Hiya DX - thank you Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ?JCI solicitors Moriarty Law Limited Cobb House 2-4 Oyster Lane Byfleet KT14 7DU How many defendant's joint or self ? Just me Date of issue – 17/8/23 Particulars of Claim 1. The claimants claim is for the balance due under an agreement with talk talk dated 3/5/18 which was assigned to the claimant on 03/09/20 and which is now all due payable. 2.The defendant agreed to pay monthly instalments under account number xxxxx but has failed to do so. 3.And the claimant claims the sum of £172.49. The Claimant also claims interest thereon pursuant to s.69 county court act 1984 limited to one year to the date of hereof at the rate of 8.00% per annum amounting to £13.79 What is the total value of the claim?£271.28 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) Yes and I replied to them and tried to negotiate Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? LL/BB When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online or by phone Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes - they defaulted the agreement when i was querying the debt. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Becuase they did not resolve my complaint What was the date of your last payment? My bank statements dont go back that far 10+yeas ago Was there a dispute with the original creditor that remains unresolved? Yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I communicated my financial and personal problems but did not enter into a management plan for the debt as I felt they had been unfair and was looking for a fair resolution for example cutting the debt by 50% because they cut off the service before the quoted date,

I should have just paid this and be done with it years ago but talk talk kept disconnecting my internet and phone when payment was late and so I decided to get rid of them. They gave me a cut off date and disconnected me several days before the quoted date leaving me with no backup plan in place to work from home. I have been arguing this point with them for years and lowell have been chasing me. Last communication was from me to talk talk and Lowell stating that I would pay the amount £100 if they would agree to remove the default they issued on my credit file. they did not respond to this email that I sent on 17/4/23 but rather sent a county court claim for £271.28. pretty miffed given I tried making offer which they ignored and didn’t respond

My folks are going to be calling Kensington this week and making a full payment of the arrears, if anyone has a chance to run their eye over this lifetime statement and see if anything jumps out that is not right. I know i've completely messed up by not addressing the illegal charges when i had the chance to and i'm really kicking myself about this now as this £11K figure would be probably nearer £5K and my god would that make a difference right now At the time that I was trying to deal with this situation with these charges I had been admitted to 2 separate rehabilitation centres for severe clinical depression, I couldn't even look at a piece of paper Attached Document 2.pdf

I thought I would ask them if they would offer a reduction on the total arrears if they were cleared in one payment but got this reply, ill take that as a no! We do not offer reductions on the arrears and would expect the balance to be paid in full, we have attached a lifetime statement to this message which shows all arrears as they accrued. Kind regards,

ok.. I guess we pay the arrears and then deal with the charges when the mortgage comes to end of term

What should I do from here do you think?

No not paying off the mortgage in total , just the arrears - this is their recent reply; At the moment the current payment arrears balance is £10147.09, please be aware that there is also the historic fee arrears of £3486.64 which means the total overdue balance is £13633.73. The payment arrears are our main priority as this is what causes the consequences. With the fee arrears they do not detriment your credit file and we do not actively collect on them but it is expectation they will be cleared by the end of the mortgage term at the latest and they are interest bearing. Your current contractual payment is £846.08.

Thanks dx What would you suggest i do - request a breakdown of mortgage arrears?

If i'm looking at possibly clearing the arrears, do lenders sometimes offer a reduced figure if your offering to clear a total arrears figure?

Ok thanks DX My parents are looking at paying off the £10,000.00 arrears as without this help I will be looking at moving in with them which i don't think they are that keen on! Can you offer any advise on this front. Is it just a case of getting a statement and paying off my arrears - is there a recommended way of doing this? What I mean by - do mortgage companies in consider offers towards payment arrears ? As in a lower figure to clear the total arrears, would there be anything i need to think about (fees/interest) that would need to be agreed

Kensington are refusing to refund any charges apart from a couple of field agent charge!

Response received from KMC: Following my review of your complaint received by secure message on XX November 2022, I have investigated the points you have raised, and this is my final response. Although I am not upholding your complaint, as part of my review I am arranging for fees totalling £50 to be removed from your mortgage account. I have provided a summary of my findings below and explained how I have reached this decision. You have said that you would like us to refund all fees applied to your account along with interest as you feel they are unfair. You would also like the interest refunded on the fees removed under your previous complaint in 2018. Any Arrears Management Fees (“AMFs”) charged on your account were applied in line with the terms and conditions of the mortgage. I have attached a transaction history for your reference. The Financial Conduct Authority’s (FCA) Dispute Resolution Rules (DISP) rules state that you have up to six years to raise the issue that occurred with us, or three years in which you should have been aware of the fees and charges on your account to make a complaint. I have reviewed your account since 1 November 2016 and found one £50 AMF applied in the same month that a Field Agent fee was applied. I am therefore arranging to remove this fee as a gesture of goodwill. I have also attached a copy of your previous complaint response issued on 23 May 2018 under our reference xxxxxxx. The fees we removed under this complaint were also applied correctly and were removed as a gesture of goodwill and therefore no interest refund is due. The 6 month timescale in which you had to refer this complaint to the Financial Ombudsman Service, has now passed. I hope this letter helps to explain how I have reached my decision. If you have any questions, you can contact us by telephone on 0345 3300388. Our opening times are Monday to Friday 9.00am – 5.30pm. If you remain dissatisfied with my response you have the right to refer this to the Financial Ombudsman Service (FOS) free of charge, but you must do so within six months of the date of this letter. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider the complaint and will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances. Further in

Yes 100% dx I have had the refund so wasn’t including that one. I can’t seem to find the Fosci sheet in the library