Kensington want to evict us again !!!

[determindator]

Hi Olive, what is the int rate you are paying Kensington for 1st mortgage and secured loan?

Is there any reason why you feel you cannot approach a mainstream lender to take over the mortgage including the secured loan?

 

With the FOS involved this should halt any proceedings and I believe the CAB involvement should also stop them in their tracks.

This is now all about not allowing them to intimidate you and do what's in your best interest.

It's late now so I will look in again and I can see there is expert help on your thread ready to assist. X

[ukaviator]

When you get the information go after the charges, that may make a big dent in the arrears amount. Meanwhile you need to get the charges stopped. In your letter use reference to the MCOB 124.1 R and 13.3 R:

 

http://fshandbook.info/FS/html/handbook/MCOB/12/4

 

http://fshandbook.info/FS/html/handbook/MCOB/13/4

 

You can use these sections in your letter to remind them of their responsibilities under these sections in MCOB.

 

Another bank were fined for simular conduct, link here:

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=40068&d=1355827959

[OLIVE.FAMILY]

Hi Olive, what is the int rate you are paying Kensington for 1st mortgage and secured loan? Is there any reason why you feel you cannot approach a mainstream lender to take over the mortgage including the secured loan? With the FOS involved this should halt any proceedings and I believe the CAB involvement should also stop them in their tracks. This is now all about not allowing them to intimidate you and do what's in your best interest. It's late now so I will look in again and I can see there is expert help on your thread ready to assist. X

 

Hi determindator

 

There is no way we will be able to go a mainstream lender. We have been in arrears for far too long so our credit history is well and truly shot to bits.

 

xx

[OLIVE.FAMILY]

Thanks UKaviator,

 

I will take a look at these after work and make a start on my letter xx

[caro]

Hi Olive.Family

 

Sorry to hear things aren't so good. I would be extremely suspicious about letting Kensington "assist" you with selling. This is the information on the issues that got Kensington into trouble before. http://www.fsa.gov.uk/pubs/final/kensington.pdf

 

If you've really had enough I suggest that you put your house on the market yourself so that you have control of who buys and at what price. If there's a significant shortfall I'd suggest that you and your OH both consider bankruptcy.

Edited August 3, 2013 by caro

[ukaviator]

Are the arrears a large amount? There will be a these fees that you could get back, then arrange to make payments towards the rest of the arrears on the amount left.

[OLIVE.FAMILY]

Are the arrears a large amount? There will be a these fees that you could get back, then arrange to make payments towards the rest of the arrears on the amount left.

 

yes a large amount of arrears £10k on the mortgage and £20k on the loan.

There will be a massive amount of fees incorporated into this.

Also these are not just mortgage arrears , we also pay £50 a month in buildings/contents insurance to Kensington

so that is also incorporated in this amount, just actually realised that.

 

I am hoping we can get the fees back but obviously this process is going to take several months so its a case of keeping them sweet in the mean time.

 

I am also going for mortgage mis selling as when we took the mortgage out we were not informed it would be sub prime.

We only wanted a re-mortagge and it was not totally crucial.

Yes my credit record was less than perfect but had we known that we were going sub prime

and explained clearly what sub prime was we would never had done it.

 

We went via TML for all this, we were under the impression they would search the market for us and find the best deal.

TML were actually a subsidiary of Kensington so in our opinion they didn't look very far.

 

Unfortunately as it is a complaint with TML and they no longer exist we have to go through a compensation scheme so Kensington don't actually have to pay up.

 

 

xx

[citizenB]

we also pay £50 a month in buildings/contents insurance to Kensington

 

 

What !! Why do you have your buildings & Content insurance with them - this is very expensive and you could probably get a better quote elsewhere. You are not obliged to take out the cover with them, you just need to prove that you have cover !

[OLIVE.FAMILY]

Hi Olive.Family

 

Sorry to hear things aren't so good. I would be extremely suspicious about letting Kensington "assist" you with selling. This is the information on the issues that got Kensington into trouble before. http://www.fsa.gov.uk/pubs/final/kensington.pdf

 

If you've really had enough I suggest that you put your house on the market yourself so that you have control of who buys and at what price. If there's a significant shortfall I'd suggest that you and your OH both consider bankruptcy.

 

Hi Caro

 

I am a tad worried about letting them help me in all honesty,

but if we disagree with these charges then they will go for reposesion anyway.

 

I know they don't have a leg to stand on but I have a DLA tribunal coming up for my daughter to sort out as well

and I am really running out of fight which is very unusual for me.

 

I don't want them to win, I certainly don't want to go bankrupt as we have a family business.

 

We are a Ltd company but I just don't want customers to see us personally bankrupt as it just does not look good

 

xx

[OLIVE.FAMILY]

What !! Why do you have your buildings & Content insurance with them - this is very expensive and you could probably get a better quote elsewhere. You are not obliged to take out the cover with them, you just need to prove that you have cover !

 

 

Thought you would like that one. Again I forget I have it, i mentioned to KMC once to cancel it and they said we had to write to them to cancel as we were in arrears. They are not making it easy.

 

xx

[citizenB]

IMHO, I would do some research and get some quotes from other companies. Then write and tell Kensington that you are cancelling that insurance and provide them with a copy of the cover note from the new company.

[OLIVE.FAMILY]

IMHO, I would do some research and get some quotes from other companies. Then write and tell Kensington that you are cancelling that insurance and provide them with a copy of the cover note from the new company.

 

 

of course you are totally right. will get on that today x

[OLIVE.FAMILY]

Looking into things a bit further.

 

I was actually told that I had to use Kensington's insurers for my buildings insurance at time of purchase.

 

I just decided at the time to stick with them for contents as it was all under one hat

(just lost my dad and was buying his house).

 

I have made a claim with them for a flood but like I said I was told I had to go with them.

 

Can this also be mis selling

 

xx

[citizenB]

I will ask for you, but I would say if they told you specifically that you had to take the insurance with them then that was wrong.

[citizenB]

When you say you have made a claim for a flood.. is that a weather / rain type flood or leaky pipes ?

[citizenB]

This is from the CAB dated last November.

 

Your mortgage lender should give you the choice of at least three insurers, or allow you to propose one you have chosen yourself. Your mortgage lender will usually accept your choice of insurer, as long as the policy provides adequate cover. They may make a small charge for this. Your mortgage lender does have the right to turn your choice of insurer down, but they cannot insist that you take out their own insurance policy unless you have agreed to a special mortgage package which includes insurance

 

www.adviceguide.org.uk/c_buildings_insuran…

 

I wonder if you might also find something in MCOBs.

[OLIVE.FAMILY]

When you say you have made a claim for a flood.. is that a weather / rain type flood or leaky pipes ?

 

 

It was a leaky dishwasher. Was leaking for a for while at the back and as we had laminate flooring the water was being absorbed by the underlay. Wasn't until we noticed puddles of water kept appearing that we realised what had happened. Kensington insurers decided it was a buildings insurance claim xx

[OLIVE.FAMILY]

I wonder if you might also find something in MCOBs.

 

They defo said we had to takeout their buildings insurance. So i will take a closer look at mcobs x

[citizenB]

It was a leaky dishwasher. Was leaking for a for while at the back and as we had laminate flooring the water was being absorbed by the underlay. Wasn't until we noticed puddles of water kept appearing that we realised what had happened. Kensington insurers decided it was a buildings insurance claim xx

 

Phew, I had this vision of you being refused Insurance or with hefty premiums because you had been flooded by the Thames having burst its banks or something equally unpleasant !

[OLIVE.FAMILY]

Phew, I had this vision of you being refused Insurance or with hefty premiums because you had been flooded by the Thames having burst its banks or something equally unpleasant !

 

he he no thankfully.

 

Thanks for all the advice so far.

 

Me and hubby have been talking and getting things a bit clearer.

We think we will try and hold off on the sale of the house.

We will have such a huge shortfall as we also have a charging order on the house from British Credit trust (just about to start a new thread on this in `other institutions.)

 

We now feel we have a list of complaints aimed at Kensington and all around them.

I am gaining more confidence on the outcome of these complaints after reading what The OFt, FCA and mcob say about it all.

 

IF our complaints are successful then we should be able to clear the arrears.

we can then sell the house and be happy in the knowledge that we no longer have to deal with Kensington again.

If we sold now we will be taking the debt and the bad vibes to where ever we go (unless we move to outer mongolia or Timbuktu).

 

If we sell and move we want a totally new slate. kensington Have given us nothing but misery from the day we signed the papers.

 

These are our compalints

 

Arrerar Fees on both Mortgage and Secured Loan

 

Mis selling of Buildings Insurance

 

Mis selling of the Mortgage (have a complaint going in with FCS as it was TML who sold us the mortgage)

 

Mis selling of the loan ( again will have to go with FCS as this was purchased through Money Partners who then got purchased by Kensington)

 

Not too sure how these will go but i am now gaining more confidence in the eoutcome

 

I have now got to face the awful phone call tomorow to explain to them that I am paying the mortage on Thursday which is a week late for July's instalment

and that I will not be paying this £200 a month fee.

 

This will of course lead them into repossession talks again as we are on our ultimately last warning.

I just hope that a the judge will be sympathetic as the charges are stupid,

we would of paid the mortgage on the day we said (it will be a week late) and we would of continued payments ontime there after.

 

just gotta stay strong

[citizenB]

Wishing you the very best - CAG will of course help as much as we can

[OLIVE.FAMILY]

Wishing you the very best - CAG will of course help as much as we can

 

 

thanks

 

 

here is the Charging order thread in case peeps want to follow

http://www.consumeractiongroup.co.uk/forum/showthread.php?398984-British-Credit-Trust-Charging-Order&p=4306297#post4306297

 

xx

[dx100uk]

had a read through

thought i'd post

 

the only COMPULSORY insurance is buildings?

 

obv you didn't have this elsewhere?

but true, if they gave you no alternatives, then its a mis sale.

 

as for the charges

GET THEM ALL BACK AT THEIR INTEREST RATE.

 

they CANNOT take any retaliatory action

so if they try repo, then they'll get eaten for breakfast.

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

put their int rate in cell d15

list EVERY PENALTY fee and it s date

 

you don't have to ring these people you know!

 

dx

[OLIVE.FAMILY]

had a read through

thought i'd post

 

the only COMPULSORY insurance is buildings?

 

obv you didn't have this elsewhere?

but true, if they gave you no alternatives, then its a mis sale.

 

as for the charges

GET THEM ALL BACK AT THEIR INTEREST RATE.

 

they CANNOT tale any retaliatory action

so if they try repo, then they'll get eaten for breakfast.

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

ut heir int rate in cell d15

list EVERY PENALTY fess and it s date

 

you don't have to ring these people you know!

 

dx

 

Thanx

 

No I didnt have insurance elsewhere because we were told at time of purchase that we had to have it with them so we didn't look any further.

 

I really don't want to ring them but I am late in July's payment so I was thinking that If i tell them when I am paying and stick to it and then pay as normal there on if it does come to court it will look better to the Judge instead of just not saying anything and paying them late.

 

olive xx

 

xx

[dx100uk]

it'll be better if you do this in writing

and have a paper trail of it.

 

they were correct you had to have buildings

but not 'theirs' only

 

I think unless the demands and needs sheet says diff

you will have a hard time proving what was said in a closed room.

 

dx