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ladymoonray v Kensington Mortgages


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I've got myself in a pickle over this one.

 

I'm claiming £140 in admin charges from Kensington Mortgages. I had to issue a claim against them, and it was allocated to the small claims court. The problem is that I received a letter over Christmas saying that we had to exchange bundles 14 days before the hearing, which is set for 5 February. Stupidly (and because I was distracted by my much larger case against Paragon) I filed the letter and forgot all about it.

 

Have I messed up my chances entirely by not sending off the bundle in time? Kensington haven't sent me anything either.

 

The other problem is that if we somehow sort out the mess about the bundles, and the hearing goes ahead, I just can't take time off work to be there. I'll already be taking at least a day off work (probably several) for the case against Paragon, when I'll be representing myself on the multi-track. It seems to me that if I advise the court 7 days beforehand, the small claims hearing could go ahead without me. But do I have a hope in hell of winning, given Kensington's record of sending barristers out at the drop of a hat?

 

Note that I'm only claiming admin charges, not an ERC. I still have my remortgage with Kensington at the moment, but I have a better offer and am in the course of moving it.

 

If anyone can see a way to fix the mess over missing the deadline for the bundle, I'll go on with this and let the hearing go ahead on documents. Otherwise I'll have to drop it, which pains me, but I think two court battles, a full time job, a part time degree and writing a novel might be getting a bit much for me!

 

Thank you all in advance :)

Nationwide: £2443. Settled in full

Co-operative Bank Visa: £351. Settled in full.

MBNA Visa: £476. Settled in full.

AA Account with Capital Bank: £80. Settled in full.

Capital One Visa: £160. Settled in full.

Paragon Personal Finance: £120 fees SETTLED ERC claim withdrawn Feb 07.

Kensington Mortgages: Claim withdrawn Feb 07.

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Thank you Zoot, I will call the court tomorrow.

Nationwide: £2443. Settled in full

Co-operative Bank Visa: £351. Settled in full.

MBNA Visa: £476. Settled in full.

AA Account with Capital Bank: £80. Settled in full.

Capital One Visa: £160. Settled in full.

Paragon Personal Finance: £120 fees SETTLED ERC claim withdrawn Feb 07.

Kensington Mortgages: Claim withdrawn Feb 07.

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Kensington were 5 days late sending me their court bundle - and then it was only the standard terms and conditions. Filled in a form at the court to get the defence struck out - still not heard anything from the court.

 

If Kensington try it on - I'll be happy to pm you all the details so you show it to the court. A case of goose and gander !

 

Best of Luck

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

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Thank you very much. I didn't manage to contact the court today, so I'm not sure what's happening, but once I work it out I'll be in touch :)

Nationwide: £2443. Settled in full

Co-operative Bank Visa: £351. Settled in full.

MBNA Visa: £476. Settled in full.

AA Account with Capital Bank: £80. Settled in full.

Capital One Visa: £160. Settled in full.

Paragon Personal Finance: £120 fees SETTLED ERC claim withdrawn Feb 07.

Kensington Mortgages: Claim withdrawn Feb 07.

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