Kensington Mortgage Company-unfair charges £100,000,unfair evictions,ignoring FCA & FOS Rules

Janin

Hi,
I was evicted on Friday, despite the Financial Ombudsman Service instructing Kensington Mortgage Company not to do so on Wednesday and Thursday.

Kensington Mortgage Company Limited has found new ways of unfairly treating those in debt with excessive charges and providing misleading statements to cover this up and ensuring the charges are not shown.

When challenged they evict. I have evidence of excess charges of £50/month arrears fee for whilst I was payin an additional £350/month as arrears payment plan; £96/month for a Lenders Only home insurance policy, despite providing home insurance certificates; Solicitors fees whether or not there is any legal action for example I was charged three lots of Solicitors charges in one day totalling £17,612 in fees in one day 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 my eviction on 24th and 25th October 2018 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 as in my case on 2 July 2018.

However, the Financial Ombudsman confirmed in writing on 25 October 2018, that I was an eligible complainant. Those 4 months of denying I was eligible to complain prevented me having the opportunity of an investigation, prior to eviction.

In fairness to the Financial Ombudsman Service they provided me with confirmation that they wrote this to Kensington Mortgage Company:
“I’m getting in touch to formally request that any action is put on hold whilst we look into Mrs A’s complaint as I understand an eviction date has been set for tomorrow. I can see you’ve referred to an adjudication we sent out around 4 years ago. However as I’m sure you are aware rules are always being changed. Therefore we do need to consider whether or not this is a complaint we will be looking into.

Whilst we are considering the complaint please put all action on hold to give us the opportunity to fairly review Mrs A’s complaint.

Please can you respond as soon as possible to acknowledge this email.”

The Financial Conduct Authority state
“We would also expect the firms we regulated to cooperate with any regulatory bodies including any awards and instructions from the Financial Ombudsman Service. If the Kensington mortgage company limited is not working with the Financial Ombudsman Service, you might want to take it further with the Financial Ombudsman service again.

We would also expect all the firms we regulate to follow The Principles in our handbook and if you believe that the firm has not adhered to any of the principles you can choose to make a complain.
We also will be interested in getting the email the Financial Ombudsman Service sent to the firm, telling them that the Financial Ombudsman Service considers you as an eligible complainant and they were expecting the firm to hold the eviction till they look into the complaint. ”

I have all the evidence of the above and I found this on an online forum from a bemused person making a post on MoneySaving expert about their statement being £15,000 out. The same thing happened in my case and I can provide the evidence for. The statement that I was provided with from KMC and in the Court bundle they provided, did not show debits and credits. The Judge ordered a statement on 13 June 2018 of debits and credits because he said the figures were £80,000 out on the statement they provided, it is clear from the forum they do this to others too. I was told if I remained unhappy on receipt of the statement I could complain to the Financial Ombudsman Service.

It is only when the statement of debits and credits was provided it showed the extent of the charges including Solicitors charges of £17,612 in one day, when there was no legal action and £38,000 in 10 months. The charges are £100,000 in total. When I complained to KMC, they said in a letter dated 2nd July, 2018 that I was not eligible to complain. So to date my complaint hasn’t been resolved because I only learned last week, that I was in fact an eligible complainant.

Please let me know if you know 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.

Back in 2010, they were told to repay all those they did this too, whether or not they realised or complained. I have complained to complaints@kmc.co.uk and the person the FCA have listed as the Responsible Officer kirstie.caneparo@northviewgroup.com as KMC is owned by Northview Group.

I refused to pay until the unfair and excessive charges were addressed but with all the mess up as to whether or not I was an eligible complainant - caused by KMC, I was evicted even after a request from the Financial Ombudsman not to do so.

I will update you on my complaint. If I get no joy I will go to the media. If you are not sure insist on a statement for debits and credits to the account and complain to the Financial Ombudsman Service if they refuse.

dunstonh

I was evicted on Friday, despite the Financial Ombudsman Service instructing Kensington Mortgage Company not to do so on Wednesday and Thursday.

From what you say, they didn't instruct Kensington not to do so. They asked if they would delay to allow them to investigate your complaint. A request is not an instruction.

Also, the request coming a day or two before the court ruling is a bit late to stop things.

In general, the courts are sympathetic when dealing with repossessions. What did the judge say when you informed him that the FOS had requested a delay to investigate your complaint?
What did the judge say about all the other things you are making allegations over?

Janin

Hi,
They still were maintaining I was not an eligible complainant. My ex forged my signature on a Deed of Consent and that of a non English speaking au pair, as the witness, while family proceedings were going on and the property was transferred into my name. The mortgage was in his name, but I had to pay it.

If that wasn’t bad enough, KMC wouldn’t
speak to me, refuse to tell me how much the mortgage was, for how long, the interest rate and wouldn’t provide me with an annual statement. They just said I only have to pay, but not ask questions.

One day I called to chase up a lack of annual statement, I got a nice chap that was really helpful, until he put me on hold. When he came back he said he can’t talk to me and would have to terminate the call. I got upset. That evening I got a call from an unknown mobile. It was the KMC guy, he said he had quit, he was really sorry he upset me earlier, but he could no longer mistreat people and rip people off in the manner he is supposed to. He told me that I was being massively overcharged and that’s why they are not allowed to issue a statement. I thought he was exaggerating when he said I got charged over £15,000 in one day. I only realised he was telling the truth in June 2018 when I got the Court to order a proper statement showing debits and credits, as the one they supply conveniently doesn’t show charges added to the account.

My formal complaint is that when the house was transferred to my sole name in 2012, I agreed in November 2012 to pay £4215 on the 30/11/18 lump sum and I started paying the £1055/month and an extra £350/month to pay off arrears.

Despite having an arrangement in place to pay off the arrears, I was still being charged £50/month arrears fees and worst of all the Account was charged excess Solicitors charges. For example:
02/01/13 £3084.40
08/03/13 £8652.44
10/07/13 £3060.00
23/08/13 £5992.80
18/11/13 £ 720.00
18/11/13 £8072.98
18/11/13 £8820.00
24/03/14 £ 540.00
05/06/14 £ 694.20

I would have been able to take the matter to Court had after the first year I was provided with the annual statement which was agreed when we made the payment agreement. I expected the arrears would have reduced £4200 each year with my extra payments.

I immediately complained, but KMC said I was not eligible. I don’t understand or accept that they genuinely didn’t know the rules changed and I was actually eligible, it so so unfair this couldn’t be dealt with in July.

So The FOS state:
“In 2014 our rules changed and we can now look at complaints from people who’s debts are being recovered whether or not they are party to that debt, and we can also look at complaints about mortgages where the same applies.”

peter12345678910

If a forgery was done it is a police matter. This company is a sub prime lender i.e they specialise with people with bad credit. But it appears as you testify that they also have a bad credit history and were fined for unfair charges.

I would visit the police, about your ex.

Also the letter by financial ombudsman is not instructing anything as mentioned in a previous post they are simply saying please wait. I would contact them inorder to update your case ASAP before Kensington sell the property. Maybe also try to contact the false witness....

Thrugelmir

Janin wrote: »

I refused to pay until the unfair and excessive charges were addressed but with all the mess up as to whether or not I was an eligible complainant - caused by KMC, I was evicted even after a request from the Financial Ombudsman not to do so.

Not making your normal payments wouldn't have aided your case in court.

As dunstonH asked.

What did the judge say about all the other things you are making allegations over?

You had an opportunity to present a defence. Obviously there's another side to this story as well.

obay

And this is one of the reason why I want to get out of Kensington straight away, is because they do not work with customers at all - like normal banks and lenders.

We've had our offer accepted with another bank and will be moving on the 12-13th of November.

I am sorry this has happened to you though.

[Deleted User]

These sub prime lenders should be outlawed and proper banks should take on those with bad credit offering loans at a higher interest rate to offset the risk. And lets not forget you only need to pay your mobile bill late one month and you are on the debtors list.


In this case they seem to be using the get out of jail card of we're not regulated to treat the OP appallingly without any statements, information etc to hide their practices.

Janin

There was a Police Investigation that’s why KMC used lawyers to deal with the Police and actually frustrated the police investigation.

I suspect the £38,000 charges in 10 months and £17,612 in one day was lawyers fees to stop the Police. The Police found the witness in November 2014 and she confirmed she hadn’t witnessed the document.

The Police said they didn’t take it further as KMC said as I was paying they were not the victim. The Solicitors Regulation Authority said the conveyancers who let it go through was Countrywide Conveyancing (Chamberlain Thomas Solicitors) again KMC need to complain about Misconduct not me.

They won’t - as the mortgage would be null and void as fraud.

Janin

Yes, the other side is I have my house in my name. There is a mortgage in my ex’s name, sadly in those days people didn’t understand financial abuse is an element of domestic violence and abuse.

I am expected to pay a mortgage, I don’t know the term, the interest rate, excessive charges can be added and I should just pay any amount indefinitely, with no statement, no communication - or be homeless with my children. Which we now are as of last Friday.

I personally don’t know anyone who would agree that’s fair and just.

Janin

Yes move - I wouldn’t want anyone to be treated like this.

Janin

I have sent all the details as requested by the FCA. I got an email confirming “I'm writing to confirm that we've referred this information to our supervision teams for their attention.”

I don’t know if the FCA will do anything, but I have been able to provide more evidence than most people. The Statement Ordered by a Court is completely different to the one provided to the Court. The Judge at least saw it. However, KMC’s Counsel ignored, Financial Ombudsman Service rule changes about being eligible to complain and as “administrator’s of justice” deliberately failed to draw the changes to the Courts attention.

Previously you had to be a customer who took out the mortgage to be eligible to complain. In 2014 Financial Ombudsman Service rules changed and they can now look at complaints from people who’s debts are being recovered whether or not they are party to that debt, and they can also look at complaints about mortgages where the same applies.

So I was eligible to complain about unfair charges, unfair treatment and pay or we bully and evict you treatment now, since 2014.