Old GE money mortgage now Kensington - Arrears & Payment Arrangement

[surrey_36]

Sorry..

Taken out individual refunds and Sols fees as i think this was at the time of the court stuff

RECLAIM with total Refund.xls StatIntSheet v101 (1).xls

[dx100uk]

i think id go with the statint sheet.

they'll knock you down on the 8% compounded sheet i bet.

 

the only issue i can poss see now is you allowed them to get away with not refunding charges outside of 6yrs in 2018, there's no real remit for that, it's when you became aware or ought to have been aware.

 

they might also use the fact that 2018 refund creates some kind of barrier now as its outside of 3ys , but i'd contend they treated you unfairly as they short changed you and did not refund the interest due from the date of each charge until they settled in 2018 and you can reopen the complaint.

 

if they do then the historic charges can also be revisited IMHO as that acknowledges your complain as valid at the time.

 

might need a carefully constructed letter but based on our std reclaim letter.

 

 

 

 

[surrey_36]

OK - Thank you DX! . Is the standard reclaim letter in the library - cant seem to locate..

When you say carefully constructed. do I send the std reclaim letter as it is or do I need to customise it

I'm raring to get this signed sealed and in the post to them by the fastest possible method!!

 

[surrey_36]

Where can I find the std reclaim letter can’t seem to locate 

[dx100uk]

mortgage library?
dunno but our std reclaim letter wont cut it

your case is not so simple though the principles of MCOBS apply etc.

 

needs specific and careful wording which ive not time for right now.

[surrey_36]

Ok no worries dx I will hang fire ! 

[dx100uk]

worthy of a search here using our enhanced google searchbox

 

Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR)

 

statutorily bound by Financial Services Authority regulations – Mortgage: Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets Act 2000

 

[surrey_36]

Thanks DX I appreciate your help, Ive had a google and oh my, this is way over my head 

I can fix a mobile phone, I can build a website.. but this is such a complicated read and i'm not sure what to do with it!

[surrey_36]

Im going to try and see if I can get my head round this tonight, got the coffee on ..

[surrey_36]

Received letter today about a field agent coming out 

 

 

 

Received letter today about a field agent coming out.pdf

[dx100uk]

Write and refuse it 

 

Yet another scam fee added I bet!!

 

Dx

[surrey_36]

Thanks Dx !! Ok will Definately do that - is there a template letter for this sort thing? Or do I just say I don’t accept this.   Should I mention that I am in the process of claiming charges back and so the amount the are chasing me for is actually incorrect? 

[dx100uk]

just state i refuse the home visit.

 

dx

[surrey_36]

Thanks Dx ive done exactly that.

 I guess I need to send the letter and start the claim back for all the charges, I know you mentioned that it needs to be carefully constructed dx - is this something that someone on here can help me with?

 

Thanks as always

[surrey_36]

Had a reply from Kensington: (The online Message system is a good way of communicating quickly, great to not have to go through the recorded delivery or signed for process!)

 

HI XXXXX, Thank you for your message,

We have cancelled the field agent instruction.

 

We have been trying to contact you but have not been successful.

We still need to speak to you regarding the payment arrears on your account.

We need to get an update of your situation and discuss any payment proposals you may have to address the overdue balance.

 

We completed an income and expenditure assessment and advised we required 3 months' worth of bank statements, but have not received any documentation.

 

Kind Regards XXX

 

I will be making a donation to this site today as a thank you for the ongoing support I have received over the years. 

The help I have received over the last 2 decades has helped me more than CAG could know. 

I have a lot to be grateful for to the professionals on this site who have been advising me.

Thank you to you all.

 

 

[dx100uk]

have you sent you spreadsheets and letter yet disputing you actually owe anything yet?

 

dx

 

[surrey_36]

Not yet dx , am I right in saying I have to word it carefully 

[dx100uk]

yes.

and it'll take me days to read up why.

[surrey_36]

Could I send them the cis sheet and std letter and then wait for response and then construct a letter based on their response 

[dx100uk]

yes you could 

id use the sheet that gives the bigger total be that cis or statint one you did

 

dx

 

[surrey_36]

Thanks dx is there. Template for a cover letter in the library? Is it a reclaim one thanks  

[surrey_36]

Please Can someone guide me what template letter might be a good one to use from the library to go with a CiS Sheet reclaiming charges

 

Is this the one 

 

Dear Sirs,

 

ACCOUNT NUMBER: XXXXXXXXXX

 

I am writing to ask you to refund the charges which you charged to my account in respect of late payment fees to the sum of £ XXXX. I now understand that such fees are unlawful at Common Law, Statute and recent consumer Regulations.

 

In addition your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under Schedule 2 of the said Regulations, which provide an indicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation. I would vigorously contend that this is the position regarding the fees which you deemed fit to apply to my account.

 

I would like to bring your attention to the following statement by The Office of Fair Trading:

 

"A term in a mortgage agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations.

 

 

I believe that the charges you have levied of £XXXX far exceed any true cost to yourself as a result of our breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of our breaches, in order to reassure us

that your charges really do reflect your costs.

 

 

Thus I am asking that you refund the charges and other fees which have been levied on my account. If you do not respond, or you do not respond positively, within the time limits set out in your official complaints procedure I will enter a formal complaint to the Financial Ombudsman Service. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

Yours faithfully,

 

 

 

XXXX

 

 

 

Enc.

Edited November 21, 2022 by surrey_36

[dx100uk]

On 21/08/2022 at 23:59, dx100uk said:

the only issue i can poss see now is you allowed them to get away with not refunding charges outside of 6yrs in 2018, there's no real remit for that, it's when you became aware or ought to have been aware.

 

they might also use the fact that 2018 refund creates some kind of barrier now as its outside of 3ys , but i'd contend they treated you unfairly as they short changed you and did not refund the interest due from the date of each charge until they settled in 2018 and you can reopen the complaint.

 

if they do then the historic charges can also be revisited IMHO as that acknowledges your complain as valid at the time.

 

might need a carefully constructed letter but based on our std reclaim letter

 

i think you need to introduce that, having sought legal advice, you now realise you were not, during that previous refund in 2018, which is within 6yrs , properly refunded what you should have been, those fees WERE subject to their interest.

 

i've noticed your sheets might not be calculating things properly as the charges are not in date order?

 

dx

 

[surrey_36]

Thanks DX I have redated the list of charges and think its adjusted the total amount by a couple of hundred quid which is good

 

I will add that bit to the end of the letter?

Edited November 22, 2022 by surrey_36

[dx100uk]

pop up the spreadsheet as .xls

 

i'd put that earlier in the letter.

 

as from the start they will simply say outside of 6yrs ...no dice.

 

it's an important door re-opener for the whole claim that they failed to inc interest, in 2018, thats within 6yrs.