Kensington repossession notice + claiming Back unlawful fees

[ajd01]

Thanks again Ell-enn..

[ajd01]

Can somebody advise as to whether i apply interest and if so at what rate.

I reclaiming from kensington and some of the charges date back to 2007/2008 and are arrears fees of £50 and return dd fees of £25.

 

Thank in advance

[BankFodder]

Kensington have been fined in the past for extortionate mortgage arrears charges - and yet we understand that they still try to cause problems for people who want to claim them back.

 

Follow the MCOBS links and also the mortgage links to find out more

[dx100uk]

Hi.

Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator

for treating borrowers who were in arrears unfairly.

.Claim those charges back plus the interest and tell them not to add any more to the account.

.There are a few news stories here you can get the info for a letter to send to them.

.http://news.bbc.co.uk/1/hi/business/8615870.stm.

http://www.moneymarketing.co.uk/news-and-analysis/mortgages/fca-orders-kensington-to-change-unfair-mortgage-terms/2005762.article

use the CISHEET at their int rate

enter every charge and its date

[ajd01]

Thanks for the replies.I have read about kensington before,but will look at the links you have given to read further.

 

Is there set rate of interest to apply ie : 8% as with bank charges or is it different.

 

Thanks again..

[dx100uk]

you use your mortgage rate in the CISHEET

 

cell d15

 

CISheet v101.xls

[ajd01]

Thanks again Dx.

I have just started with the xls sheet.I will have just left interest rate blank now for now and will just double check rate later.

Just reading through the mcobs link i was given and states :

however, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.

This is why asked

Right,

I have entered all fees (return dd's & arrears fees, field agent fees) in to spread sheet and set the interest @ 6.25% which is our current APR.I have enclosed this with a signed letter requesting the refunding of the total amount.

The total amount with interest came to £4313.16.

How long am i required to give kensington to respond and does what i have put sound correct regarding interest

.I am going to post out tomorrow.

[dx100uk]

they'll soon pull you up right or wrong.

 

well done

 

fight them.

 

if you haven't

 

type in Kensington

 

in our right search box of the top grey toolbar

 

have a read

 

dx

[OLIVE.FAMILY]

Fantastic that you are fighting back. I am too. Now going through all my charges. I am also going for mis-selling but can't attack Kensington with that one as they unfortunately didn't sell me the mortgage

 

Good luck and keep us posted

 

Olives x

[ajd01]

Right,quick update on this..

 

Kensington have got back to me today in writing offering a total of £1581,plus an interest rework to be credited back to the account.

 

Now the charges stand at £3470 before interest and £4313 after.

 

Thing is i am still really not happy and feel this a little bit of weak offer,

but that could be me as they have really got my back up in recent weeks due to there handling of the situation with arrears

and not accepting offers to a point where i was more than happy to go to court for judge to decide.

 

If this was an offer of payment to my bank i would probably accept as i would see a little benefit from it

as it pretty much covers my next 2 months mortgage payments.

 

I understand the benefit of it coming off the mortgage account,

but lets face it,its really just numbers on a system with sucha small amount.

 

What do others think??..

 

should i accept the offer,

 

does it seem fair and

 

if i turn it down where is best to take it from there.

 

have read FOS is dragged out and people say go to court..

 

.Just unsure and would like nutural point of view from somebody who has been there

or somebody who understands the system.

 

 

Thanks in advance.

 

 

P.S Good luck Olive.family..let us all know where you get with them.

[dx100uk]

so you used the CISHEET at their int rate.

 

that's what they charged you

 

and I would demand it ALL back.

 

dx

[ajd01]

Cheers dx,

Yeah ,I worked the interest at their rate. do I write back to them tell them I am not happy with offer.

They are stating to go to FOS in their letter but I read it is better to go to court??..

Is this the best route?

Any advice would be great, and thanks again dx.

 

[OLIVE.FAMILY]

Thanks

I would defo ask them for the lot back.

we are just about ready to ask for all the charges back.

I am expecting the same reply as you.

Hopefully it doesn't take them too long as we are in court on the 17th for an eviction hearing Xx

[ajd01]

Also,just to add.When kensington were fined and ordered to pay back £1.1 million to customers that were affected i never recieved any arrears fees back.It also baffles me that they were fined and yet still to this day they continue to charge £50 arrears fees charges every month to customers accounts.

 

How is this possible??

[dx100uk]

welcome to the great wide world of kennys!!!

 

there is no harm in you ringing the fca and complaining that this has happened to you

[OLIVE.FAMILY]

I found a letter in my DSAR pack.... It seems I got refunded £45 when this happened ..pah!

 

X

[ajd01]

Sent a letter to Kensington telling them I was not happy with goodwill gesture of partial refund asking them to refund total amount of charges and stated I would start court proceedings if they refused.the template letter stated that in a court they would be expected to show a breakdown of how there charges are calculated,which I would hope is true.anyway they have written back stating no review and they stand firm on this and would defend in court.now £50 arrears fees seem decisive to say the least.u

Can anybody advise if they have taken this route.I willing to pay to go to court as I feel they will not be able defend that that is true reflection of the costs and feel they just expect me to let this go and surely a judge would see this??..

 

Any advise s I am going to file this via money claim online after the weekend once I have all my paperwork in order.the charges are ridiculous..

 

Thanks in advance

[SabreSheep]

http://www.consumeractiongroup.co.uk/forum/showthread.php?244476-Reclaim-unfair-mortgage-arrears-fees-FSA-says&highlight=Kensington+mortgage+reclaim

Might be of some help

[BankFodder]

http://www.consumeractiongroup.co.uk/forum/showthread.php?244476-Reclaim-unfair-mortgage-arrears-fees-FSA-says&highlight=Kensington+mortgage+reclaim

Might be of some help

It would be very handy to give us and other victims a bit more detail about your case

[ajd01]

It would be very handy to give us and other victims a bit more detail about your case

 

Hi bankfodder,do mean of the outcome to this once I have taken it to the court??..

[OLIVE.FAMILY]

Hi ajd01

 

If you have already started a thread about reclaiming your charges then it May be easier for others to follow if you continue with that

Xx

[ajd01]

A while back I requested charges that were unfair to be returned.

kensington have replied back with an offer around 1/4 of the actual unfair charges.

this was a while back and I never pushed in with it or accepted the offer.

is there a time scale??

what do I do next if want to push for whole amount or do you think I should accept their offer.

[dx100uk]

11 threads merged on the same issue please always keep to one thread

per reclaim

 

 

dx

[dx100uk]

9 threads merged.

[BankFodder]

No. You should insist on 100% plus interest or else you will sue under MCOBS.

 

Why wait?