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Kensington Mortgages - PPI

edited 30 November -1 at 1:00AM in Reclaim PPI & Other Insurance
41 replies 27.4K views
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  • it was a tml who sold me the ppi and told me it was a condition of the mortgage and that tml would not grant the loan without it, they did know about the ppi, they sold it.
    if at first you don't succeed then sky diving is not for you.
  • -taff-taff Forumite
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    Then it was a condition and not missold.
  • not according to mse

    There are now grounds to make a complaint about a PPI policy based on the Plevin case. Technically, this isn't mis-selling – it's a breach of rules regarding fairness relating to the Consumer Credit Act – but the effect is the same.

    The Plevin case suggests almost anyone who has simply had a PPI policy was likely mis-sold, and could be due money back. Financial Conduct Authority rules say firms should generally consider a complaint on the grounds of an unfair relationship between lender and borrower if commission was above 50%. With PPI sales, typical commission stood at 67% so most people who took out PPI are likely owed.
    if at first you don't succeed then sky diving is not for you.
  • A. Were you told it was compulsory?

    It's a common complaint that consumers are told they must buy a policy from the same provider as the loan to be accepted for the product. This is mis-selling.

    If this applies to you, read the full 'I was told to have it' briefing
    Any company that subscribes to the voluntary Lending Code (see subscriber list) agrees it won't insist you buy an insurance product from it. Therefore if the salesperson...

    Didn't make it clear the policy was optional or tell you about any cooling off period.

    Implied or stated it would be more expensive if you didn't take the insurance.

    Implied or insisted you take out their policy to qualify for the product or help with your application.

    Was very pushy when selling the product, so you felt you could not say no.

    Would not let you continue with the application if you did not sign the insurance agreement as wel
    if at first you don't succeed then sky diving is not for you.
  • societys_childsocietys_child Forumite
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    The Plevin case suggests almost anyone who has simply had a PPI policy was likely mis-sold,
    No it doesn't.
  • edited 17 August 2019 at 12:47PM
    -taff-taff Forumite
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    edited 17 August 2019 at 12:47PM
    Plevin is based on excessive commission charges. You're not likely to have been charged excessive commission on a mortgage.

    it was a tml who sold me the ppi and told me it was a condition of the mortgage and that tml would not grant the loan without it, they did know about the ppi, they sold it.


    You have said it was a condition. Therefore not missold. Kensington mortgages are for those who are borrowing above the norm or those with bad credit or circumstances that mean they are unable to borrow from mainstream lenders. They usually came with additional requirements to protect the mortgage. You were free not to borrow from TML.

    Just having PPI does not mean it was missold or that you can complain it was missold and be successful.
  • edited 22 August 2019 at 8:02PM
    CarlosPCarlosP Forumite
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    edited 22 August 2019 at 8:02PM
    I had a mortgage with Kensington and their salesman lied about just about every aspect of the product. I’m a former government fraud officer and I have no doubt that Kensington (through their sister company TML) engaged in Fraud: Obtaining Money By Deception, which is a Criminal Offence.

    Here’s the thing....being a former fraud officer, I electronically recorded the whole 2 to 3 hour meeting with the salesman from Kensington/ TML, in which the mortgage was sold and the forms were completed. In the recording of the meeting, you can clearly hear me repeatedly telling the salesman ([Name removed by Forum Team] of TML/ Kensington) that I don’t want nor need the PPI and each time he insists that it’s not possible to have the mortgage without it. This was an untruth and FRAUD.

    Later, I enquire about the interest rate and he goes on to tell another lie. The interest rate I was charged was not arrived at the way he said it would and was mich higher than he suggested it would be.

    If dealt with as a private criminal prosecution, it may be possible to use my recording along with your stories to support a case that they had a policy of routinely lying to customers about PPI and interest rates in orderto Obtain Money By Deception from customers and that this was a conspiracy between Kensington and it’s sister company, TML.

    Also I have a great deal of paperwork to support my case, but need to join forces with lots of former customers who have had the same experience.

    Let me know your thoughts....
  • [Deleted User][Deleted User]
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    CarlosP wrote: »
    Let me know your thoughts....
    My thoughts are that you may have illegally recorded this meeting and that any attempt to introduce it into court proceedings will therefore fail. I also doubt you'll get much support for an American-style "class action lawsuit".

    If you genuinely believe this lender has committed the crime of fraud, I suggest you simply call the police.
  • antrobusantrobus Forumite
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    CarlosP wrote: »
    ....

    I’ve used many recording made with devices in public and in my home as evidence in court in the past, so your amateur lawyering won’t cut it with me, thank you.

    Under RIPA 2000 it is not illegal for a private individual to record a conversation; however,

    Recording or monitoring is only prohibited where some of the contents of the communication are made available to a third party. If a person intends to make the conversation available, they must get the consent of the person being recorded.

    http://news.bbc.co.uk/1/hi/magazine/4801072.stm

    What you did or did not do as a 'fraud investigator' would be neither here nor there, unless you were acting as one.

    P.S. Yes, 'amateur lawyering' and advice is what you get here in MSEland. Professional advice needs to be paid for. If you wish to take legal action of any kind against Kensington that is where I suggest you start.
  • Getting hung up on the legality of recording a conversation is simply a pointless distraction. I’ve presented recordings in court a number of times in the last decade and the court has ruled them admissible and allowed them to be played, despite the other party’s objection. There are test cases that have gone through high courts where it has been decided that recording conversations (as long as you are one of the parties) and giving it to a third party such as a court or the police is totally lawful and NATURAL JUSTICE. I run a Facebook group which is all about recording people and using the evidence in court in Domestic Violence situations and despite the misconceptions, many parents have now got custody of and access to their children because they recorded all of their interactions with their ex-partner, social services and CAFCASS and used the evidence in court without the other party’s permission. Amateur lawyering isn’t the way. I worked in the legal system for 11 years after studying it and have been in all kinds of courts as both a witness and representing others.
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