Kensington Mortgages Review 2019

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  • Janin
    Janin Posts: 33 Forumite
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    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.
  • RelievedSheff
    RelievedSheff Posts: 11,328 Forumite
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    If you pay your mortgage on time you will not have any unfair charges added to your account.

    Kensington are no different to any other mortgage provider on that basis.
  • anfieldred
    anfieldred Posts: 267 Forumite
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    They are slow (really slow) in some cases to get an application through, but having been with them a year so far, I've had no problems with them at all. No need to contact them, them no reason to contact me.

    I'm hoping that at the end of my fixed term I can move elsewhere with a better rate, but as mentioned above and in the other thread, no complaints if they're able to get their payment each month
  • Janin
    Janin Posts: 33 Forumite
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    Thank you for your response, I will use it to demonstrate to the Financial Ombudsman Service what most people feel should happen. I agree with you, if you pay on time you should not expect unfair charges.

    However, I was paying Kensington Mortgage Company the full amount each month on time and in fact I was paying extra. Hence, my complaint to the FOS for unfair treatment and excessive charges.

    Despite providing home insurance certificates I was being charged £100+/month; despite over paying by £350/month on top of the £1055/month for the mortgage amount I was being charged an extra £50/month for doing this. Worst of all because the Police were investigating how my ex partner forged my signature enabling the remortgage and cash advance he received on my home in the first place, Kensington Mortgage Company were billing me the Solicitors charges they incurred dealing with the police investigation.

    You are absolutely right, I paid £1405/month to show willing, preserve my home and yet Kensington Mortgage Company were greedy and charging the account more and more. But I thank you for totally sharing my point of view and reasoning - not what I expected because I was paying.
  • RelievedSheff
    RelievedSheff Posts: 11,328 Forumite
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    Mortgage companies dont add charges to accounts for nothing!

    There has to be more to the story then that. But I guess the legal process will say who was right and who was wrong.
  • Janin
    Janin Posts: 33 Forumite
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    That’s why Kensington Mortgage Company were fined in 2010 for unfair and excessive charges.

    The only difference is they now hide the charges by refusing to provide statements with these charges shown. They even refused to provide me with a Subject Access Request, despite being bound to by Law (Data Protection Act) and despite me paying the maximum fee of £10 for an SAR.

    What you are saying makes sense, is fair and what any ordinary person would expect when paying each month for the mortgage.

    I have every confidence as Kensington Mortgage Company have form, the FOS will uphold my Complaints. Kensington Mortgage Company did everything they could, even breached FCA rules to try and make sure my complaints didn’t come before the FOS. If they knew they had behaved properly, they would have been eager to let the FOS get involved and resolve the matter.
  • eagerlywaiting
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    Hi, has anyone been offered a mortgage with kengsington with a late payment within the last two years ?
    Or do they require at least two years of clean credit? 
  • csgohan4
    csgohan4 Posts: 10,587 Forumite
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    Hi, has anyone been offered a mortgage with kengsington with a late payment within the last two years ?
    Or do they require at least two years of clean credit? 
    your probably better to get a broker to look at your credit files and go from there
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Hi there,
    Does anyone have any recent experience with Kensington.  I have a CCJ dated 2016 for £7542 which has been satisfied and 2 defaults dated 2017 totalling £2300 which are also satisfied.  The result of this was a messy divorce.  My ex husband had very bad credit so any credit obtained during our marriage went in my name.  When we split he agreed to pay half.........then rode off into the sunset without a care in the world and me left with all the debt to pay.  I've struggled for years and paid every penny back although defaulting twice and getting a CCJ in the process.
    My current partner and I have put in our full application yesterday to Kensington with all the required supporting information, 3 months bank statements, P60, 3 months wage slips, proof of ID.  We have a £90k deposit and are looking for a £320k mortgage for a £410 purchase price.  Affordability isn't a problem.  I am concerned about my application, my partner and I both currently live in a property his parents own and pay hardly any rent meaning we have a really good disposable income - which we do spend the majority of.  Of course our bills will always come first so when we have a mortgage we will only spend what we have left after mortgage payments and bills etc.  Will the detailed spend on our bank statements cause Kensington to decline our application when it goes to the underwriter? 
    Please advise....stop me from worrying and give my partner and easy life for the next few weeks!
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