claiming fees back from Kensington ?

littleivy
littleivy Posts: 30 Forumite
Part of the Furniture 10 Posts Photogenic Combo Breaker
edited 8 May 2023 at 10:52AM in Debt-free wannabe
Kensington sold our account to Mars Capital in Feb this year , so will be offering a repayment to them as fallen into arrears of over £5,000 due me having cancer .
Anyway Kensington over the years added £595 in fees even when we had a repayment agreement in place for arrears .
Can we claim these fees back even though they have sold our account on to Mars who are also adding fees now which is adding to the arrears . ?
Thanks if anyone knows .

Also if we apply for SMI can the arrears be included in the claim ?
  perfect love casts out all fear

Comments

  • sourcrates
    sourcrates Posts: 31,072 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Back in the early 2000`s Kensington were put under the microscope by the FCA for charging certain fee`s that were deemed to be unfair to the customer.

    There followed quite a large redress program to those customers who were affected by this, since then, they, and other sub prime lenders have had to be more transparent about their fee structure, they are allowed to charge late fee`s, as long as they are detailed in the agreement you signed.

    Selling your debt in no way changes this, as the new debt owners inherit all rights and privileges of the original creditor, its all perfectly legal and above board.

    However, if you are unhappy about any aspect of your mortgage agreement, you are perfectly free to make use of the companies complaints procedure, which will be detailed on their website.

    So if your not happy, make a complaint.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • littleivy
    littleivy Posts: 30 Forumite
    Part of the Furniture 10 Posts Photogenic Combo Breaker
    Back in the early 2000`s Kensington were put under the microscope by the FCA for charging certain fee`s that were deemed to be unfair to the customer.

    There followed quite a large redress program to those customers who were affected by this, since then, they, and other sub prime lenders have had to be more transparent about their fee structure, they are allowed to charge late fee`s, as long as they are detailed in the agreement you signed.

    Selling your debt in no way changes this, as the new debt owners inherit all rights and privileges of the original creditor, its all perfectly legal and above board.

    However, if you are unhappy about any aspect of your mortgage agreement, you are perfectly free to make use of the companies complaints procedure, which will be detailed on their website.

    So if your not happy, make a complaint.
    Thanks for you reply , the charges were put on when we had an agreement in place , we were paying £40 a month off arrears while kensington were adding £50 lol
    No wonder the word mortgage means 'death pledge'
      perfect love casts out all fear
  • sourcrates
    sourcrates Posts: 31,072 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    littleivy said:
    Back in the early 2000`s Kensington were put under the microscope by the FCA for charging certain fee`s that were deemed to be unfair to the customer.

    There followed quite a large redress program to those customers who were affected by this, since then, they, and other sub prime lenders have had to be more transparent about their fee structure, they are allowed to charge late fee`s, as long as they are detailed in the agreement you signed.

    Selling your debt in no way changes this, as the new debt owners inherit all rights and privileges of the original creditor, its all perfectly legal and above board.

    However, if you are unhappy about any aspect of your mortgage agreement, you are perfectly free to make use of the companies complaints procedure, which will be detailed on their website.

    So if your not happy, make a complaint.
    Thanks for you reply , the charges were put on when we had an agreement in place , we were paying £40 a month off arrears while kensington were adding £50 lol
    No wonder the word mortgage means 'death pledge'
    Oh I agree, it`s ludicrous charging you £50 a month late fee, when your obviously struggling, and have already made an arrangement to repay the arrears, unfortunately there is a myth out there that these companies have your best interests at heart, when really all they care about is their bottom line.


    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • littleivy
    littleivy Posts: 30 Forumite
    Part of the Furniture 10 Posts Photogenic Combo Breaker
    Back in the early 2000`s Kensington were put under the microscope by the FCA for charging certain fee`s that were deemed to be unfair to the customer.

    There followed quite a large redress program to those customers who were affected by this, since then, they, and other sub prime lenders have had to be more transparent about their fee structure, they are allowed to charge late fee`s, as long as they are detailed in the agreement you signed.

    Selling your debt in no way changes this, as the new debt owners inherit all rights and privileges of the original creditor, its all perfectly legal and above board.

    However, if you are unhappy about any aspect of your mortgage agreement, you are perfectly free to make use of the companies complaints procedure, which will be detailed on their website.

    So if your not happy, make a complaint.
    Thanks just seen this , sorry for the late response. Kensington sold our account the Mars Capital , I got cancer in 2022 and we had £400 a month income as hubby had to look after me and the business didn't get his attention . Long story short , we now have 15k arrears on the mortgage and the total mortgage is now 116k. I've tried to get some response for an issue concerning a charge on the house because we are trying to get away from Mars Capital, but had no replies, I realise people are busy , I just could do with some advise on this matter if anyone has any . 
      perfect love casts out all fear
  • sourcrates
    sourcrates Posts: 31,072 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 5 April 2024 at 11:21AM
    @littleivy

    As per the (old) post above, if you are unhappy about any aspect of your agreement, make a complaint.

    No response is not an option for them, if they don`t respond to a complaint, contact the financial ombudsman helpline, they will write to the company concerned telling them they have a complaint to deal with.

    That usually encourages action.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 349.9K Banking & Borrowing
  • 252.7K Reduce Debt & Boost Income
  • 453K Spending & Discounts
  • 242.8K Work, Benefits & Business
  • 619.7K Mortgages, Homes & Bills
  • 176.4K Life & Family
  • 255.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.