Kensington Mortgages - claiming arrears and other charges and also PPI

Jules*43

Hi I'm in the process of a complaint with Kensington mortgages re an old mortgage account that is now closed since when I remortgaged in 2007.

I was struggling financially single mum with 2 children after my husband left me and the arrears accumulated over the months. Kensington charged me £50 a month even when I had a payment arrangement in place. they also charged me unpaid direct debit fees and a whole load of other Fees on the redemption of my mortgage... Can I try and claim any of these fees back due to financial hardship? Or just the fact these fees were excessive and deemed unfair and I know Kensington were fined in 2010 I think. They never contacted me though even though I thought I was one of the customers affected.

The problem is though they've sent me a statement of account to review and said I've only had 2 charges for a cancelled direct debit and also their redemption administration Fee was £45 more than the fee quoted in my mortgage offer. They've mentioned nothing of the arrears fees they aren't even listed in their statement of account. And their redemption figure on the statement ive just received is over £15,000 less than the redemption figure I paid to them!!!! I'm a little baffled.

I have a feeling they are really in the wrong here but I don't know what to do or How to word it. I have my original completion statement and redemption statements from 2007 which I don't think they realised I still had.

What do I do please any advice?

Secondly re ppi. I didn't want ppi I signed a form saying I didn't want it through the broker that arranged the mortgage with Kensington and I have that form still. When Kensington gave me the further advance they put ppi on the mortgage as a condition of the mortgage and they've sent me the copy offer letter and yhe ppi box is ticked but doesn't look like one of my ticks! the ppi was £37 a month and I requested this be cancelled after I queried whether I had ppi when I was off work ill due to stress and depression, but they said it wouldn't cover that. However the ppi continued until the mortgage was redeemed. Do I have grounds to put in a complaint re ppi to Kensington?

Thanks for any advice

[Deleted User]

Jules*43 wrote: »

Kensington charged me £50 a month even when I had a payment arrangement in place. they also charged me unpaid direct debit fees and a whole load of other Fees on the redemption of my mortgage... Can I try and claim any of these fees back due to financial hardship?

Requests for refunds of such charges on the basis of financial hardship must be current. Historical charges are not refunded.

Jules*43 wrote: »

Or just the fact these fees were excessive and deemed unfair

Banks won their court case on "unfair" bank charges in 2009.

Jules*43 wrote: »

they've sent me the copy offer letter and yhe ppi box is ticked but doesn't look like one of my ticks!

You cannot complain on the basis of a tick. You doubtless signed the agreement which the mortgage adviser had ticked in your presence.

Jules*43 wrote: »

I requested this be cancelled after I queried whether I had ppi when I was off work ill due to stress and depression, but they said it wouldn't cover that. However the ppi continued

Do you have any documentary evidence of making that request? Why didn't you complain at the time?

Nothing you have said so far sounds very promising, I'm afraid, and will be easy rejections by the Bank if you proceed.

Jules*43

My financial hardship is current I've recently lost my home to a shortfall sale as a result of a possession order. I'm now renting beyond my means and struggling severely.

The further advance was done by post I signed it and sent it back they could have ticked anything. It wasn't in front of a member of Kensington staff.

Re the cancelling of the ppi, I definitely did get a letter from them confirming it was cancelled but can't find it now. I think my statements showed the payments stopped too I'm gonna dig them out and have a look what I can find.

So the fact I've asked for a statement of my account and the figures are out by over £15000 on my original statements is nothing? Kensington are allowed to give a false statement of account and also not show on the statement the 20 plus £50 arrears charges and £25 Unpaid direct debit charges?

[Deleted User]

Jules*43 wrote: »

My financial hardship is current I've recently lost my home to a shortfall sale as a result of a possession order. I'm now renting beyond my means and struggling severely.

Current hardship, but historical charges.

Both need to be current.

The account is long closed and you won't get any of the old charges back.

Jules*43 wrote: »

The further advance was done by post I signed it and sent it back they could have ticked anything.

Unless you can provide solid evidence for any such impropriety this is a very weak complaint.

Jules*43 wrote: »

Re the cancelling of the ppi, I definitely did get a letter from them confirming it was cancelled but can't find it now.

Again evidence is key. You don't appear to have any.

Jules*43 wrote: »

I think my statements showed the payments stopped

Earlier you said your payments continued? If your statements showed that they stopped, then you can hardly complain that they continued.

Jules*43 wrote: »

So the fact I've asked for a statement of my account and the figures are out by over £15000 on my original statements is nothing?

This is something you can query, but I expect the simple explanation is that they have incomplete records from a mortgage paid off almost a decade ago or they've only sent you details of the mortgage not charges you incurred as a result of late payment etc. This is not anything you can complain about as you have not suffered any loss as a result.

EDIT:
You can pay £10 and ask for a Subject Access Request (SAR) of everything they've kept on file for you, but if you already have your old statements I don't see what this would achieve..

Jules*43

Hello again �� I am going to dig out all my evidence that I've got and see what I can draft by way of complaint. I know these guys were at fault here though and I think I do stand some chance of claiming something back they've already offered me £100 based on two fees alone plus interest at 8%. They haven't even mentioned the arrears fees it's as if they're saying they didn't charge them. So I will query that and see where I get with it. I know others have been successful with reclaim mortgage arrears charges back and there's guidance on here in claiming them back so I'm gonna try anyway. Thanks for advice though.

[Deleted User]

Jules*43 wrote: »

I know others have been successful with reclaim mortgage arrears charges back and there's guidance on here in claiming them back so I'm gonna try anyway.

The point is to avoid the pitfalls you've made posting here and construct a solid complaint which is not contradictory or lacking evidence.

brown1950

Moneyineptitude wrote: »

Requests for refunds of such charges on the basis of financial hardship must be current. Historical charges are not refunded.

Banks won their court case on "unfair" bank charges in 2009.


You cannot complain on the basis of a tick. You doubtless signed the agreement which the mortgage adviser had ticked in your presence.
Do you have any documentary evidence of making that request? Why didn't you complain at the time?

Nothing you have said so far sounds very promising, I'm afraid, and will be easy rejections by the Bank if you proceed.

What the hell have bank charges got to do with this subject ?

Unfair Mortgage Arrears charges can be claimed back.

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

[Deleted User]

brown1950 wrote: »

What the hell have bank charges got to do with this subject ?

Yeah, I assumed it was a question about bank charges when the OP mentioned claiming on the basis of financial hardship.

The OP has already had offers of redress for some of the charges, which wasn't mentioned in the initial post.

My points about evidence and not giving contradictory information still stand, but otherwise you are correct Brown1950

Jules*43

I did say it was unfair mortgage arrears charges that they had conveniently left out of their statement of account... So I can try and claim those back?

Sprinkly

I had a mortgage with KM and am just reading a wodge of my old letters but this was going back between 2003 and 2005 then I got repo'd. I'm going to !!!!!! about with them again because I'm really !!!!ed at the way they treated me even if they only offer me a fiver.

Janin

Kensington Mortgage Company Limited has found a new way of charging excessive charges and providing statements in such a way that the charges are not shown since it was fine by the FSA in 2010.

When challenged they evict. I have evidence of excess charges of £50/month arrears fee for those already in a arrears payment arrangement;£96/month for a Lenders Only home insurance policy; despite people providing home insurance certificates; Solicitors fees whether or not there is any legal action for example being charged £17,612 in fees in one pay and £38,000+ in just 10 months; evictions to those who complain about the charges and refuse to pay them; ignoring formal requests from the Financial Ombudsman Service not to go ahead with evictions on 24th and 25th October 2018and evicting a minor from Home without a parent present on 26th October 2018; not dealing with complaints and telling eligible complainants - they are not eligible on 2 July 2018 when the Financial Ombudsman said they were on 25 October 2018, thus preventing an investigation.

I have all the evidence of the above and I thought it was just me until I saw your post. The same thing happened in the case I can provide the evidence for. The statement that was provided in the Court bundle did not show debits and credits, the Judge ordered a statement on 13 June 2018 of debits and credits because the figures were £80,000 out on the statement they provided, it is clear from the forum they do this to others too.

It is only when the statement of debits and credits was provided it showed the charges including Solicitors charges of £17,612 in one day. The charges are £100,000 in total.

Please let me know if the same happened to you and other and anyone willing to expose this awful treatment and the way they ruin lives. This is especially wrong as Kensington Mortgage Company were fined £1.2 million for different unfair charges by the then FSA in 2010 and are doing it now but covering up the charges and ignoring the Financial Ombudsman Service the opportunity to investigate these concerns.