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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Kensington want to evict us again !!!

OLIVE.FAMILY

By OLIVE.FAMILY
in Mortgage companies

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caro

caro

Posted
Posted

Best if luck from me too Olive. I'll be thinking of you. x

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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dx100uk

dx100uk

Posted
Posted

yea OF knock em out

 

watchout for the 'little chat' before hand to put you off your stroke

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ell-enn

Ell-enn

Posted
Posted

Fingers crossed for you :)

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citizenB

citizenB

Posted
Posted

More fingers crossed :)

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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OLIVE.FAMILY

OLIVE.FAMILY

Posted
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Yippee....Got what we wanted....6 week adjournment so Shelter legal adviser can build a better case. Managed to avoid speaking to Kenny solicitors as shelter was talking to us....This meant he was totally unprepared as he didn't even have a copy of our defence. Solicitor was not looking forward to reporting back to Kennys :lol:

 

Xxx

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dx100uk

dx100uk

Posted
Posted

well done!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ell-enn

Ell-enn

Posted
Posted

Fantastic ! :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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citizenB

citizenB

Posted
Posted

Brilliant news :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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caro

caro

Posted
Posted

Brilliant! Well done and great that you have shelter batting for you. :)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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OLIVE.FAMILY

OLIVE.FAMILY

Posted
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Posted

Shelter have been brilliant !

 

The look on the solicitors face when the judge adjourned it straight away was excellent.

 

Even more so when the judge said for 6 weeks.

 

Solicitor said "I don't think my claimants will be very pleased with that" .

..the judge pretty much said

"I don't give a toss what they think " (obviously not in them words lol)

 

So given a 6 week adjournment we are thinking we are probably looking at date for about 7-8 weeks time,

We think we may have got Kenny's over a barrel now.

 

They have received my complaints for charges on both the secured loan and the mortgage.

 

If they agree to the charges then this will clear the bulk of the arrears..

 

..if they disagree and give me there final word in the 40 day time frame then at a squeeze I can put the complaint forward with the ombudsman ,

both accounts will then be in dispute and according to our advisor they can't touch until FOS have made a decision ..

..we all know how long that might take :)

 

I am just tying up,a few loose ends with the FSCS form and making sure I include everything they need and will send that over the next few days

 

Xx

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sillygirl1

sillygirl1

Posted
Posted

Well done indeed! Isn't it lovely to see the other side look very foolish in court. I bet the solicitor had only been given your case the day before and had not had a chance to read it. Stick with the Shelter adviser as they seem to be on the ball with these things now.

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OLIVE.FAMILY

OLIVE.FAMILY

Posted
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Well done indeed! Isn't it lovely to see the other side look very foolish in court. I bet the solicitor had only been given your case the day before and had not had a chance to read it. Stick with the Shelter adviser as they seem to be on the ball with these things now.

 

He was very unprepared ...didnt have a copy of our defence and had only seen Shelters letter 10minutes before the hearing. He tried to talk to us before the hearing but said we will talk after we had seen the duty Shelter aid but we got called whilst we were talking to Her.

 

Xx

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OLIVE.FAMILY

OLIVE.FAMILY

Posted
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Hope your day in Court was positive for you Olive x

 

Yes it was very much so thanks :). We got what a 6 week adjournment which is what we wanted...judge asked what we could afford in the meantime. Kenny's solicitor was gutted :) :)

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OLIVE.FAMILY

OLIVE.FAMILY

Posted
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New court date set for 2nd September. ..This means we will have Kenny's final response by then. If they agree to pay charges then that will clear arrears if not then it goes to FOS and both accounts will be in dispute.

 

FSCS form and all required paperwork going in the post today

 

all in all its looking good :D

 

xx

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lollyjoy6

lollyjoy6

Posted
Posted

I spoke to the FOS 2 weeks ago regarding the sale of my repossessed property and they told me it's taking 3 months to reach a final decision on complaints.I did have my charges and interest deducted from my arrears as I complained to the FOS they upheld the complaint.I did attend court the other year but as I'd placed a complaint the hearing was adjourned too.Best of luck for you.

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OLIVE.FAMILY

OLIVE.FAMILY

Posted
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I spoke to the FOS 2 weeks ago regarding the sale of my repossessed property and they told me it's taking 3 months to reach a final decision on complaints.I did have my charges and interest deducted from my arrears as I complained to the FOS they upheld the complaint.I did attend court the other year but as I'd placed a complaint the hearing was adjourned too.Best of luck for you.

 

Thankyou :)

Pleased to hear you are having some success...having then agree to charges is brilliant as I am struggling to find any successes with this at the moment. Can I ask who you was with

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caro

caro

Posted
Posted
New court date set for 2nd September. ..This means we will have Kenny's final response by then. If they agree to pay charges then that will clear arrears if not then it goes to FOS and both accounts will be in dispute.

 

FSCS form and all required paperwork going in the post today

 

all in all its looking good :D

 

xx

 

If it goes to FOS you could be waiting a long time for a decision, whereas you could apply to the court for permission to counterclaim and get it sorted much more quickly.

 

Thanks to andyorch for the following information.

 

Needs the courts permission as its not a Part 20 :-

 

Defendant’s counterclaim against the claimant

 

CPR20.4

 

(1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

(2) A defendant may make a counterclaim against a claimant –

(a) without the court’s permission if he files it with his defence; or

(b) at any other time with the court’s permission.

(Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3).

(3) Part 10 (acknowledgment of service) does not apply to a claimant who wishes to defend a counterclaim.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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