That's a huge interest rate Firglo - I really don't know how they get away with it. However, were they mis sold the mortgage? If they were like a lot of us on here and had no alternative but to pay the silly rates or lose the house or were they not aware of the 17.4% interest rate when they signed up? I suspect if they were aware of the interest rate from the outset then they can't say they were mis-sold the product. But still maybe able to reclaim any ERC they have paid out. That's only my thoughts based on very little knowledge, I'm sure other people will be able to help. Good luck with it though - Kensington really do make my blood boil, my interest rate was 8.65% with them & I thought that was high!

Good luck Claire

Thanks for everyones help so far. I managed to get the AQ completed and delivered to the Court on Thursday. I do think I made a few mistakes namely the question about the 'directions' appropiate for the management of the claim - I mistook this as being my notes on why it should be on the small claims track!!??? OOpppsss - may ring the court tomorrow and see if it was ok. However, on Saturday I got a copy of Kensingtons AQ................. Thier witness is to be a Financial Officer of Kensington Mortgages - identity to be confirmed. Under 'Experts' they have stated that they intend to use evidence from an expert Forensic Accountant/Economist at the trial or final hearing but not orally at the hearing. They request that the claim be allocated to the 'multitrack' as; 1. The claim concerns complex points of law; 2. Complex expert evidence is likely to be required; 3. The length of hearing is likely to exceed 1 day. In fact they estimate it to last 2 days, 2 hours and 30 minutes!!??? Up to date their cost are £100 but they haven't given an estimate of overall costs. Under 'other info' thay've put - The defendant requests that the claim be allocated to the multi track and listed for a case management conference. oh, and they've appointed Eversheds. I'm not feeling too worried just yet - but can anybody advise if I should be Thanks

Just a quick question - The amount of claim on the AQ - should this be what my MCOL was for or shall I update with the extra interest & AQ fee of £100? Thanks

Good luck Louisk - I'm sure you'll be fine. We'll all be thinking of you.

Hi Prince You should be ok to get a mortgage on this credit rating but it won't be with good interest rates. But as I have found the only way to improve your rating is with patience - not what you wanted to hear I know. My credit rating was the worst my financial advisor had ever seen (his words). However, after splitting with my ex I remortgaged paid the ex and all my debts off which left me with 1 debt of a mortgage. I applied and got a Capital One card which I had a limit of £200 but had to give them a deposit of £200. But this has shown I can use credit properly. I basically used it for petrol every month & then paid the balance off each month. A year later I was able to move my mortgage to a more reasonable rate and have even managed to get myself another credit card which doesn't ask for a deposit (although it is an Aqua card for people with bad credit history's - but it's a start) and I have managed to get a new mobile contract with Orange. Luckily I'd had a contract with Vodafone for 7 years so they could see I was a regular payer when it comes to mobiles. As for your credit report if the NW is showing as late payments when you request your charges back form them ask them to remove the history too - make this part of your 'demand' to them. I would think the 2 late payments would stay, if they were late payments. And the default, this may help. Remove Default Notices on a Credit File - We show you how Hope this helps. Ellielou

What have you got to lose Mark? It's likely that they will pay up eventually, but they will probably put up a fight. It's a decision only you can make really. But do you have anything to lose by going for it?

Thanks Mart I have already written to them with the breach of contract arguement. However, that was when they initially cancelled my order! Since last Monday I've spent over £50 on calls to their support line & each time I've been promised a 'call back'. They have called back but not at the agreed time, which has meant I've not been near my PC! I've had enough already, I writing to them tonight to cancel my contract and request that they refund my phone charges and also compensate me for the inconnvienence. Any examples of letter you sent would be gratefully recieved, if you don't mind that is? Many thanks Ellielou

I too have had problems with Talk Talk - from them cancelling my initial Broadband order, to the password not working once I finally had a connection date. I've rang their help lin eon numerous occasions only to run though the same troubleshooting & for them to tell me they have to pass it on to the technical department to call me back - I was given a specific time when this would happen. They have called back, however, at a totally different time than agreed, which meant I haven't had access to my computer when they called. I was only 'supposed' to be able to connect from last Monday but having spent now almost £50 on calls to them - I've had enough. I'm going to write them a letter asking them to cancel my contract (if they try to hold me to the 18 months I signed up for - I'll point out that they are in breach of contract, as they have failed to provide me with the service I signed up for), I am also going to request that they refund all the money I have spent on phone calls & I may even ask for some money for the inconvienence of the whole bl00dy thing. Then I'll start all over again & see if I can find a decent BB provider.

It's a long story but to cut it short I'll bullet it. Requested phone with free broadband Phone switched on 15th Sept & BB was due to be activated on 9th October 9th Oct comes - nothing After 4 phone calss have to reorder BB & is due to be active on 27th Nov 27th Nov - got the modem plugged it in - everything going ok & then my user name & password not recognised. So I called their freephone number from my home phone to check my password - it does not regocnise my phone number so I don't have a password. Over the past 3 days I've made numerous calls to thier 10p a minute line & I still can't connect to BB &it's buggered up my dial up connection too!! Anyway my question is - where do you think I'd stand in claiming the call costs back when I've got it all sorted? I would be using the fact that it is due to a problem at thier end that I cannot connect, I am folling the steps they have supplied me with & I am now having to phone them to get it sorted? Any advice appreciated. Thanks x

Hi Mark There are people on this site getting the ERC's back - no one has been to court yet either as far as I'm aware - although there are a few companies taking it to the wire. I'm not aware of any one who has successfully got the ERC back from Kensington but there are a few of us who are trying. My tale starts back in June 06 when I asked them to give me details of the ERC, I gave them 3 chances and everytime got no where. I've now registered my claim, I've received their defence and have a court allocation questionnaire to complete - after that I don't know what will happen but I've got £6k riding on this so I'll fight them all the way (hopefully with the help of the people on this site). So in answer to your question, yes people are getting ERC's back but I'm not awawre of any Kensington customers with a success story. At the end of the day it's up to you whether you go for them or not but you're in the right place here & will get all the help & support you need. Good luck

I recently moved my account to the Co-operative bank and they've been great and I feel that they are the most reasonable and ethical bank around (obviously only my opinion). I moved accounts as the Halifax and Nationwide staff are only allowed to do as the 'computer' tells them and I'm sorry I don't like it. I used to work for a bank and left as I could no longer be a part of such an institution who will happily watch people get deeper and deeper into debt just so they can make massive profits for their shareholders. I'm sorry but I have too much of a social conscious for that. I find most bank staff are ok but their hands always seem to be tied when it comes to doing anything but sell a customer a product, so their job is a hard one. And yes they are only trying to earn a living like the rest of us but they don't have to do a job if they don't believe in it. I'm sure people will disagree but I couldn't sleep at night knowing I was helping people to ruin their lives.

Congratulations Biffa - that's brilliant news. :D :D

Wow Nathal! That's fantastic. Well done - really chuffed for you. :D :D

Hi How long after did they submit their defence? MCOL helpline told me that a judgement takes 48 hours to be actioned & the defendant can still submit thier defence in that time. Ellielou

Hi I successfully claimed £1,200 from the Halifax a few months ago. Since then they've charged me 3 more times (will I ever learn). I registered MCOL, they said they'd defend. Thier time was up yesterday so I clicked the judgement button & it went through ok. So my question is - how long will I need to wait for the cash? Is it worth giving them a call to give them a nudge? I'm only asking because I need to cash as soon as possible - normally I'd just sit it out. Thanks for reading x

I'd love to be there folks, but I'm up in lovely Manchester & won't be able to afford to get down there. I wish you all the best of luck, I'll be there with you in spirit & I'll be watching the news, just incase you're on it!

Are you claiming for charges or ERC? A little background information may help people in giving you some advice. x

Just adapt the bank chrges one to reflect that the charges relate to a mortgage account. The basic principals are the same.

Zoot I really am very grateful for your help - you must speand your life on this website I just want you to know I'm not taking you for granted I really do appreciate your help, as I'm sure others do to. I'm beginning to think that I've gone into this without enough knowledge & after reading Sandys thread I'm not sure if I have the knowledge or the guts to take it that far. We'll see how it goes. Zoot, thanks once again. Ellielou x

Wow Sandy - Zoot has just directed me to this thread. It's amazing - I really admire you for going all the way with this. It must be really daunting tacking a big company like GMAC as an individual. I'm attempting ot take on Kensington for an ERC of £5,700. I really hope I have your guts to fight it this far. Well done, I think you're nearly there.

Catherine Sorry to hear about your fall - I hope you're on the mend now. Good luck with your claims & I'm sure eventually we'll all get our money back - I just wish it was sooner than later.

Thanks for the info Zoot, I'll get the AQ completed soon & sent off. At what stage am I expected to respond to their defence? Do I need to forward the courts copies of correspondance between myself & Kensington with my AQ? I'm really sorry to ask so many questions but I really have no idea what I'm doing or what happens now. Although I do know I'm going to ask for it to be placed on the small claims track - I've got as far as the library instructions on how to complete the AQ so I'm not totally useless. lol Any help would be very much appreciated. Many many thanks, I couldn't do it without you lot

Wahey go Dogwash!!! Glad your giving them a taste of their own medicine. Sounds like it's just a matter of time.

I really feel for you Amanda, I think I'd have gone mad by now if I were in your position. Keep going you've got this far don't let it slip away now. We're all with you.