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

I am awaiting a Financial Ombudsman Service investigation decision from Kensington Mortgage Company. I have been wanting to apply to the Financial Ombudsman Service for years and Kensington Mortgage Company responded to my complaint in writing stating I was not an eligible complainant to the FOS and The Financial Conduct Authority would not allow them to investigate my complaints about hidden, unfair and excessive charges. On one day alone back in 2013 Kensington Mortgage Company charged the account £17,612. In one year 2013-14 the total charges added to the account was over £40,000. I could only just about manage the mortgage and as a lone parent and survivor of domestic and economic abuse from my ex partner, but could not afford to pay hidden and unknown charges indefinitely, especially as they were occurring despite paying the agreed monthly mortgage amount.

In 2019 it was confirmed that I was an eligible complainant to the FOS under FCA rules and had been all along and my concerns should have been addressed back in 2014. It was also confirmed that Kensington Mortgage Company had no right to decide and tell me or the Court who was dealing with possession proceedings that the Financial Ombudsman Service had refused to help me and if the Court was minded to order that they did, they would appeal as the Court had no jurisdiction to force the FOS to consider my complaints.

That turned out to be lies and again both myself and the Court were misinformed. (There are now misconduct complaints investigations by the Bar Standards Board for the Radcliffe Chambers Barrister that passed on the incorrect information to the Judge, as well as Solicitor Regulation Authority Complaints against the Denton’s Solicitors Lawyer and Paul Heeley Kensington Mortgage Company’s own in house Senior Lawyer for their parts in misinforming the Courts) it turns out the FOS had written to Kensington Mortgage Company prior to the Court hearings informing Kensington Mortgage Company Litigation Team that my Complaints were with them, going to be investigated, I was eligible to complain and most importantly to please hold off on any eviction or repossession proceedings. Of course the Solicitors and Barrister being investigated for misconduct, forgot to tell the Judge that bit, even though he asked these questions outright. Because the Court was likely to have said that the repossession proceedings could be put on hold to allow a fair investigation by the FOS,,as the FOS also requested, these lawyers wanted a repossession so lied. I was a litigant in person so they thought I would never fight on and investigate until I found the truth, especially after I lost my home. Now the FOS investigation is tasked with putting me back to the position I would have been, had the lies and errors not occurred.

So if a lender ever writes and says you are not eligible to complain to the FOS, they are lying. Under FCA DISP Rules 1.4 they must merely inform you that you can bring a complaint to the FOS and provide a leaflet on how to complain to the FOS. It is the FOS who decides whether or not someone is eligible to complain and if they will or not. Any lender like Kensington Mortgage Company who tries to interfere with this process to help consumers knows they have done something that is wrong.

It has been 1 year 2 months since I first complained to Kensington Mortgage Company and 8 months since I was deemed in jurisdiction by the FOS and my complaint started. The FOS have asked Kensington Mortgage Company if they wish to make a settlement for their actions before the long FOS investigation concludes and Kensington Mortgage Company have said no.

However, even though I have started the complaints process to the legal regulatory authorities about the Solicitors and Barrister, Kensington Mortgage Company appear to let them be thrown under the bus. I was told to even save the reputation and careers of their legal team they might offer to settle, they have not.

I lost everything my home, much of my belongings and my home was sold at a massive undervalue leaving me with nothing. But these methods adopted by Kensington Mortgage Company and their Lawyers are tried and tested and need to be exposed so they don’t continue pulling the wool over the eyes of the Court, the Financial Conduct Authority and the public to get repossessions. So I know my case involves so much evidence that proves Kensington Mortgage Company acted intentionally wrong, this will be highlighted and hopefully prevent other families and children being made homeless.