Kensington want to evict us again !!!

[ims21]

Hi

 

Caro asked for some input on this one.

 

I see dx gave you a spreadsheet in post #37. Have you completed it?

 

Just to clarify what they are doing with interest.....any fees, arrears and the like will be added to to the mortgage balance and each month interest will be charged on that increased balance. That interest will also be added to the account balance and the next month interest will be charged on that new balance. That is what is meant by compounding, interest being charged on interest etc. etc.

[dx100uk]

I don't like an awful lot of what kennys are saying here

 

can you please scan up the letter

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[dx100uk]

I esp don't like the bit about refund part of a charge

and indicating this is what THEY decide is a fair admin fee

neither their silly comment about 'well other companies charge it so..........

 

they only charge it because they have been ALLOWED to get away with it,

 

solicitors fees where you can 100% prove it was to do with your COURTS cases cannot be reclaimed

solicitor fees outside or after any cases you should challenge.

 

think kennys are trying to baffle you with science...DONT LET THEM.

 

dx

[dx100uk]

if it was included in the mortgage statements they yes you can

a quick check of the previous months interest figure and the latter one, should see an int increase

ifit does then its month on month int, so is compounded.

 

dx

[OLIVE.FAMILY]

I have been really quiet with this for months...didn't quite realise how long it had been though. So time for an update as I really don't want to be one of those threads that just stops. I think this will be most useful to a lot of people whatever the outcome of it all.

 

We now know what the £200 extra was they wanted. It's all to do with the compound interest on arrears they have been adding to our mortgage. Since 2008 they have been adding a minimum of £80 a month ..most months it's been more like £100 but a couple of times it's been £200. This has been every month since 2008. So our little offerings of £25 towards arrears would never ever have cleared it.

 

So because of this We have now decided to sell and are currently in negotiations with Kensington. They have just sent a court date to apply for eviction which we have been waiting for as we have'not been paying problem as we just cannot afford it. Date is set for 17th June so we have time to sort things out.

 

We have found now somewhere to go but the property isn't available until Mid September. So the way we are going to play this after talking with KMC is ask them to put us over to interest only and we can then. Offer a small amount towards the arrears. We are then going to ask for assisted selling and put it on the market ASAP. We do have quite a saleable house in the fact it's a good old fashioned 3 bed house on the same road as a primary school, if it doesn't sell by October though then we will put to them we find a tenant and rent it on a short lease until the property sells (an idea of KMC). If not we will just give the keys back.

 

In the mean time we are going for charges.

 

We have had All our paperwork back ( 3 box loads delivered via courier..that was amusing) and we are currently working our way through it all. Hopefully by tonight I will have a full charges list and then I will be back on here to ask for help with charging the interest.

I have a form from the FSCS to go for mis-selling. We took the mortgage out withTML who apparently searched the market. They searched as far as a company who owned them. Also we were strongly advised to go self cert even though hubby was employed. As TML are no more we have to go via FSCS ....big shame really as I really wanted to hit KMCwhere it hurt.

We are going to struggle with the final sum I think as there are all sorts of charges including compound interest been added and obviously we are being asked how much we want to be compensated. Ultimately we want enough to clear all our debts so we can start again without fear of anymore door knocking.

 

We need to get all this done and posted so it's in the system in the next week so if KMC decide to go forward with eviction then we need to post the court papers back to court. One of the questions on the papers is 'do you think you was miss old your mortgage' our answer will be yes and we will then be able to tell them the complaint has gone in to FSCS...phew !!

 

Any views on all this are most welcome

 

Olives xx

[OLIVE.FAMILY]

Hopefully somebody can help on this one.

 

On my Mortgage account I have Buildings and Contents insurance. Stupidly expensive but was told at the time I had to have it...anyway this has been added to my arrears which means it's costing me interest.

 

Anything I can ???

 

Olives xx

[dx100uk]

they cant make contents compulsory.

 

dx

[OLIVE.FAMILY]

Sorry...It was the Buildings that they said was compulsory with them

 

Olives xx

[sillygirl1]

Yes, you can go for that as it is often cheaper elsewhere...

[OLIVE.FAMILY]

Yes, you can go for that as it is often cheaper elsewhere...

 

Hi Sillygirl

 

Would this be mis-selling like a PPI or shall I work it all in with the charges do you think ?

 

Xx

[sillygirl1]

I would do it in with the charges as they have included it in with the charges...if you do it like PPI there is a strong chance it would be rejected outright.

[OLIVE.FAMILY]

That's what I was thinking.

 

Reckon I am going to need some help wording this letter as there is all sorts being claimed.......thinking of that I am right in thinking I can claim the compound interest of arrears that they have added to the mortgage ? As that alone works out to be £9000 !!!!!

 

Xx

[dx100uk]

you must have building insurance 'in place' with any primary mortgage

 

though they must not portray it as being compulsory with 'them'

 

if you were told you HAD to have their buildings then its missold

 

as for the contents, there is no legal requirement.

 

both should be reclaimed as you would PPI

but you use the CISHEET [compounded one]

 

at their int rate in cell d15

 

the same as you would for an arrears penalty fees reclaim

 

dx

[OLIVE.FAMILY]

you must have building insurance 'in place' with any primary mortgage

 

though they must not portray it as being compulsory with 'them'

 

if you were told you HAD to have their buildings then its missold

 

as for the contents, there is no legal requirement.

 

both should be reclaimed as you would PPI

but you use the CISHEET [compounded one]

 

at their int rate in cell d15

 

the same as you would for an arrears penalty fees reclaim

 

dx

 

So I put this in as a seperate complaint ....thankyou

 

X

[determindator]

Hi Olive:-D This may be a useful read for you http://www.which.co.uk/consumer-rights/problem/i-think-ive-been-mis-sold-my-mortgage-what-can-i-do

 

Totally mis-sold and you have gr8 help on here:-D My thought is the Judge should halt any proceedings from Ken when the Court papers are seen, and start the process of justice for you and your family.

[determindator]

This link may be useful http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?407-Mortgages-and-Secured-Loans

 

It is for mortgages also.

[OLIVE.FAMILY]

Thankyou determindator both those links are brilliant

 

Now finalising our figures on both the mortgage and secured loan.

 

We have found within our mortgage paper work that there is a disclaimer stating that

we understand that we didn't have to take out the insurances with Kenny's.

 

Bit of a blow really as they defo told me that we had to.

 

I still feel though that should not of been adding the Insurance payments to my arrears though which is incurring hefty interest so that will be my argument .

 

I just want to ask though,

 

with the Secured Loan ..I can ask for the Compound interest of the arrears back that has been added to the mortgage ?

 

And do I go for interest on them the same as the fees and charges ?

 

Olives xx

[OLIVE.FAMILY]

This link may be useful http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?407-Mortgages-and-Secured-Loans

 

It is for mortgages also.

 

 

And so the plot thickens......

 

After reading both the links provided and going through more paper work it looks as though our secured loan could also be mis sold.

 

Originally with MPL as soon as we signed the contract for our secured loan it was handed straight over to Kenny's

who by the looks of thinks had over 50% ownership of the company.

 

We were furious that it had been handed over and voiced our concerns as soon as it happened

but both MPl and Kenny's were saying that it was all perfectly legal. Grrrr.

 

MPL also suggested we went self cert so that we could include benefits (thinking now With a 25 year term all 3 children

will be adults so therefore no more tax credits or child benefit. We set up to fail from the start)

 

We were also told in order to get the money that we had to consolidate other debts into the loan (credit cards and catolouges)

 

I was hoping to be able to somehow get both complaints into one but it's looking like it may have to go in as two complaints.

 

I am getting a bit nervous now as the money we are asking for back is racking up.

 

Olives xx

[OLIVE.FAMILY]

Just spoke to FSCS ... They can't do mis selling of the secured loan.... Do I risk the FOS mmmmmm?

[dx100uk]

just because the paper work you signed says you agre to the PPI even though it was optional

 

doesn't mean in a closed room you were told otherwise.

 

Classic mis-selling trick to get the commission

[OLIVE.FAMILY]

just because the paper work you signed says you agre to the PPI even though it was optional

 

doesn't mean in a closed room you were told otherwise.

 

Classic mis-selling trick to get the commission

 

It wasn't

PPI it was buildings and contents insurance,,.. Would that still be the same

 

X

[dx100uk]

they must ensure you have buildings

though they must advise you don't 'have' to take it out with them.

 

as for contents - same as a PPI yes,

[OLIVE.FAMILY]

That's what I thought....phew

 

Right then, just to get it all into some sort of order so i know what I claiming and from who

 

X

[determindator]

Just spoke to FSCS ... They can't do mis selling of the secured loan.... Do I risk the FOS mmmmmm?

 

I would complain to the FCA, this link is useful http://www.fca.org.uk/firms/firm-types/mortgage-brokers-and-home-finance-lenders/mcobs/scope-of-regulation. IMO, keep the complaint of the mortgage and secured loan together as one complaint especially because of the connections between the lenders. If dx100 can give his thought on your charges presentation regarding mortg arrears and int on fees and charges.

 

Personally, I would start with the FCA and get their reply.

[OLIVE.FAMILY]

Update

All charges calculated and letter ready to send for both Mortgage and Secured Loan

 

Spoke to Kensington r.e eviction.

 

The court date will stand.

 

They won't let us go interest only as the guy on the phone reckons we had too much money left over each month

and could not understand why couldn't afford our mortgage (the guy on the phone miscalculated).

 

They ultimately want £300 a month extra to cover compound interest that has been added to the mortgage,

each time we have negotiated the payment towards arrears this was never mentioned.

 

So it's off to court on the 17th to ask the judge if we can go interest only until the house sells .

....court papers being filled in this weekend

 

Was going through my DSAR pack for the origional mortgage we took out with Kenny's.

 

I have found a what I realise now to be quite a few errors on their part.

 

The biggest one being the huge wage packet my husband was supposedly bringing home.

 

We were actively engouraged to go self cert.

we can now see why.

 

The origional paper work was filled in by a TML rep who visited our house.

 

6page form was filled in by him with the info we gave him.

 

Looking now at this it has been written that my husband was earning over £15,000 a year more than what he was actually earning.

To the point my husband was'not even earning that wage as a manager 10 years on!!!

IMO the form had been changed later on.

 

As our signatures on further on in the form on a different page.

 

It also states that he had guarenteed over time each month(rubbish).

The loan was for consolidation and a bit left over to fix the house up....

...no warnings about the higher rate of interest..

. Interest being paid for 30years on such a small amount (£2,000).

 

I also found a tick box that said life insurance was paid as a lump sum of £1,200..

... I can't see at the mo when this was paid but didn't even know we had it.

 

We were also in the knowledge that we maybe moving as my Dad had offered us his house when he went into sheltered.

 

We mentioned this to TML and was told that would be fine and ERC would be charged.

 

When we did move 2years later we found we were mis advised and in fact we would have to pay an ERC

if we didn't stay with Kenny's and even then we had to complete in a short time farm or we would of had to still pay it.

 

My case for mis selling gets ever stronger I think