Kensington want to evict us again !!!

OLIVE.FAMILY · March 10, 2008

Hi

I have pasted a letter that I have written. Basicly I am not sure if this is the norm but my Mortgage company are charging me £50 for each month that i am in arrears. I have currently got an agreement set up with them via a court repo hearing and it turns out that I will apying the arrears for 5 years and the whole time they are charging £50. So I have decided to complain to the FSA for unfair contract terms and if they have a go at Kensington then I can apply to Kensington to stop charging. Well thats the plan anyway.

Can somebody look at my letter please and see what you think before I send it

Also if anybody else is in the same position feel free to send it aswell. The more the merrier.

The Olives

Our Street

Our Town

ESSEX

AC12 3CD

1st March 2008

Dear Sir/Madam

I currently hold a mortgage with Kensington Mortgage Company. I am writing to complain about one of their terms and conditions.

I have enclosed a copy of both the terms and conditions of this mortgage and a copy of the loan agreement. In section 4 Key information it states the default charges. The first charge is a £50 monthly arrears fee. On both the agreement and terms and conditions this is the only place it is mentioned. At the time I felt this fee was for missing a payment. I am now in arrears and have since discovered that in fact this fee is charged for the total length of time you are in arrears

I feel this is unfair because this is still charged to the account even if you have come to an arrangement to pay the arrears. For example if I owed my mortgage company £500 and I offered them £50 a month for 10 months to clear the arrears my mortgage company would be continuously adding £50 to the account for those ten months. Therefore the payments I had been making would not have really cleared the arrears and it would take me a further 10 months to get the mortgage to what it should be. By adding this charge to the account they are also receiving interest from their own fees. I also see this as unfair.

I asked an advisor from Kensington about this charge and she said it was for the additional work involved in running an account that is in arrears. Even if the account with its payment towards the arrears is being paid on time each month they still place this charge making it very difficult to clear any debt. Myself and many more feel like this is a penalty. Therefore I would very much appreciate it if the FSA could look into this matter.

Yours sincerely

kgrant · March 10, 2008

the letter sounds good but im not really up on these things but let me know how you get on because i am in the same situation, my morgage company are charging me £40 a month for being in arrears which is being added to the loan its a lot of money which should really have stopped when the court made the order

OLIVE.FAMILY · March 10, 2008

Thankyou for that. I will let you know the outcome. As far as I can wok out this has got to be a penalty charge as where is the extra admin work if we are now paying on time

Regards

Olives

tonycee · March 10, 2008

Hi Olive Family.

Good luck with your letter, but i cant help feeling you are wasting your time with the FSA.

They will have heard this complaint a thousand times and more.

Why not go direct for Kensington ?.

Have a read of my thread HERE I asked the same questions as you. Hope it helps a little.

Good luck.

OLIVE.FAMILY · April 30, 2008

Hi all. Its me again

As some of you are aware in Februaury Kensington wanted got an eviction date for us about our secured loan. We went to court and thanks to all the support I went armed with knowledge and encouragement.

We won. Kensington got a telling off.

We are also behind with our mortgage. So a couple of weeks after the court hearing( i needed time out to catch my breath) I wrote to Kensington making them an offer of payment. Stupidly i was so pleased with my letter that i wanted o post it straight away and as the post office was shut just put in the letter box instead of recorded. After a couple of weeks I hadnt had any reploy so I phoned Kensington to see whta was happening. Apparently they hadnt received my letter bit had applied for eviction again. I told them that I had written and made the offer over the phone again. The guy said that they would not accept it now as all they will accept is full arrears.

I wrote to them anyway sent it recorded and asked for the reply in writting. They did and still refused(at least i can show that to a judge). I made last months payment but have just phoned them again. Basicly told them that I will be paying late as I wanted to clear the last of what was owing on other priority debts and set up new insurances and broadband that would cost less but i had to put money up front. The upshot is i was in a position to offer them £150 a month compared to the £60 i origionally offered.

At the end of the day I am now getting nervous again. My son was diagonosed with type 1 diabetes at christmas and they are tummy bugs going round the school. If he gets this he has to go into hospital so I have been offereing Kensington more to try and stop eviction. Guess what Kensington dont give a toss.

How is this going to look in front of the judge. Twice in the space of months Is this really it.

I have been feeling brave the past couple of weeks but the date is now set for 13th May and now i am writing thisdown I am actually feeling scared again. I HATE THEM FOR MAKING PEOPLE FEEL LIKE THIS.

I ahev contacted a company called the National Asociation for Mortgage Victims. Has anybody heard of them. I am still with the FOS for the whole not telling me had PPI on the loan in the first palce so I thought I would contact the NAMV just waiting for a call back.

Sorry for going on. I feel really stupid for being back here in this situation.

When I fill out the N244 form can i use the same witness statement a before as that was written by shelter and that told the whole story about my three children being ill and then my husband having time off. It was really good.

HELP!!!!

OLIVE.FAMILY · April 30, 2008