Help with Kensington mortgages

[Nibbler]

Re: Help with Kensington mortgages

Can anyone help me, it looks like I will have to take them to court. Does anyone have any idea of how I can start proceedings?

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=4775]Sparkie1723[/MENTION]

[Nibbler]

Re: Help with Kensington mortgages

Could not find a current version of this on the ICO site just this minute, but here is a version from a while back (2014?)

ICO - Taking a case to court (see attachment below)

Hopefully others who may be able to add more will be along later.

[Gettingolder]

Re: Help with Kensington mortgages

Thank you nibbler, I assume the process is the same, even though I am not asking for any damages other than correcting the entry on my file?

[Nibbler]

Re: Help with Kensington mortgages

Presumably, but not often done which is why I asked if others could comment. It's rare a lender ignores the ICO in such a way and on such a matter that court action to correct is a the last and only choice.

[Amethyst]

Re: Help with Kensington mortgages

The ICO ruled in your favour - do you have a copy of the adjudication/ruling from the ICO ?

[Nibbler]

Re: Help with Kensington mortgages

So timeline?

- You complined to Kensington
- They rejected your complaint
- You went to ICO
- They ruled in your favour
- You or the ICO told Kensington of the ICO ruling
- Kensington wrote back saying they disagreed with the ICO and wouldn't be changing anything

Correct?

[Gettingolder]

Re: Help with Kensington mortgages

I am just waiting for it to arrive by post but this is the email I received:


I write further to my previous correspondence of 4 February, about Kensington.

You raised concern that Kensington is reporting to credit reference agencies inaccurate information. You are concerned that the account information provided to credit reference agencies has shown your account to be six months in arrears since 2009, and believe instead the account should have been placed in default in early 2009.

In light of the supporting information you have provided and Kensington’s recent correspondence I consider that it is unlikely that Kensington has complied with the fourth principle of the DPA in this instance.

My assessment is made on the basis that as your final payment was made to Kensington in December 2008, I consider that Kensington should have identified and recorded on your credit report file that the relationship had broken down in early 2009, and that this should have been reflected in your account being placed into default.

I will write to Kensington to inform it of my assessment decision and ask it to reconsider how it reports the credit status of the account. I will also ask it to send you written confirmation of what action it has or intends to take on the basis of my assessment decision.

It should be noted that my assessment decision does not relate to whether money is owed to Kensington, instead it relates to the continued reporting of the outstanding monies owed to credit reference agencies which I consider to be incorrect.

Most organisations want to put things right when they have gone wrong and learn from complaints that are raised with them. Although we are not taking regulatory action at this time, I will also ask Kensington to consider the information I provide it in order to enable it to prevent this situation from happening again.

We will keep a record of your complaint and take this assessment decision into account if we receive further complaints about Kensington.

The information we gather from complaints may form the basis for action in the future.

Please be aware however that only a Court possesses the power to order organisations to amend or remove personal information held about individuals.

If Kensington refuses to amend the personal information which we regard to be incorrect you may wish to consider seeking legal advice about taking this issue to Court.

[Nibbler]

Re: Help with Kensington mortgages

And Kensington have already made a formal response to that ICO ruling you say?

[Gettingolder]

Re: Help with Kensington mortgages

Yes, they have said that they do not agree with the ICO's ruling and we continue to report the data.

[Amethyst]

Re: Help with Kensington mortgages

So you have heard from Kensington in response to the ruling from the ICO ( which you haven't received yet) ie you have had further correspondance from them other than the letter you posted earlier which was in reference to the 4th Feb letter.

[Nibbler]

Re: Help with Kensington mortgages

Presumably the ICO sent Kensington their ruling by email/post a little bit before bothering to let Gettingolder know of it.

Perhaps so Kensington have a short while to consider their stance.

So Kensington have managed to reply and reject it even before Gettingolder has a paper copy through the post.

[Nibbler]

Re: Help with Kensington mortgages

So options are:

- FOS, where they are refusing to take the case

or

- Court. Not an easy road, but possible

or

- Leave it, whereby you will have a 666666666...... arrears on your credit record for ever.

[Gettingolder]

Re: Help with Kensington mortgages

I phoned Kensington this week and they told me that they have sent a letter in the post (this was on Tuesday), I have not received it as of yet but they told me over the phone that they did not agree with the ruling and will carry on reporting the information. I then phoned the ICO for advice and they told me that it will probably have to go through court.
The only correspondence was the email I received from the ICO. The email from the ICO arrived on Thursday last week.

[Amethyst]

Re: Help with Kensington mortgages

It's okay I'm just checking you aren't jumping the gun a little. If you aren't claiming money it will be a part 8 claim - as it's for specific performance. Court fee would be £280 at county court.

If were claiming damages ( wrongful default?) then it would be apart 7 claim and the court fee would depend how much damages you were claiming.

[wales01man]

Re: Help with Kensington mortgages

To me it reads Get stuffed we will do what we want and ICO suggests OP gets advice for possible Legal remedy Some help