Kensington - Defaulted on Suspended Possession Order

[stegly]

Advice urgently needed. Last year I was made redundant and consequently ended up with a suspended possession order. The order stated that I repay the arrears (£2845) at £100 per month plus my normal monthly payment. I kept up with this arrangement for six months when Kensington contacted me and said I could 'capitalise' the remaining arrears which would mean I would no longer be classed as being in arrears and they would stop charging me the £50 monthly arrears fee. I agreed to do this and received a letter from them saying that my account was now clear. Unfortunately, my finances took another battering as a result of a severe car accident, resulting in me having to take out another loan to buy a replacement car as I can't get to where I work using public transport. Stupidly, I have allowed arrears to build up again to £745 (my monthly payment is £511) and I have had a letter from Kensingtons solicitors saying they have applied to the court for possession under the terms of the original suspended possession order. Can anyone tell me if the games up, and I'm going to lose my house or is there still a chance to do something about it considering Kensington won't listen to any offers and the fact that they can get the possession order without a hearing.

[old_andrew2007]

bump

[Ell-enn]

Hi there, first of all don't panic. There is always something to be done. Are you able to offer a payment each month towards the arrears? If we can put a proposal together to send to Kensington they may not take any further action as the arrears are not a large sum.

Even if they do go through with the possession order, you can defend it by lodging a N244 form at court (we can help you with this) - this will give you a hearing with the district judge and provided you show you can pay something each month towards the arrears you will not lose your home. There is case law we can use to support your defence, so try not to worry too much.

Kind Regards

Ell-enn

[stegly]

I can probably afford an extra £25/£30 but I've contacted Kensington & they don't appear to be interested in anything other than full and immediate payment of all the arrears and they just kept reminding me that the possession order has already been applied for. From what I've seen on this site, I have to be aware that Kensington don't act in a reasonable manner and seem to prefer the repossession route.
You're advice has calmed me down a little, but I must admit that I'm worried that as this is the second time the judge might not listen to any more proposals. One question I did raise with Kensington, and maybe you could advise me on this, is that if they're going for repossession under the terms of the original order, how come that 12 months ago the arrears were £2845 and if I had maintained the payments as directed the arrears should now be around £1645, instead they're £745 which to me would indicate that conditions of the order have actually been surpassed, or am I looking at it too simplistically (and hopefully)?

[Ell-enn]

Hi, the first thing you need to do is write a letter to Kensington offering £25/30 per month towards the arrears. Enclose a budget sheet showing that's all you can afford. You can download a budget sheet here:
National Debtline England & Wales | Personal Budget Sheet
tick the boxes for monthly and windows and then print one off to fill in in pencil first - so you get the figures right. Then do another one either on the screen or in ink.

Send the letter by recorded delivery and keep the receipt with a copy of your letter and budget sheet. If they do take further action you will be able to prove to the judge that you have tried to come to an arrangement. Believe me no court is going to take your house away for arrears of £745, when you have an income and are able to make payments towards the arrears. There is case law we can use to support your defence.

If you need help with the letter, let me know.

Kind Regards

Ell-enn

[OLIVE.FAMILY]

Hi stegly,

Like Ell-en said please do not worry. As long as you carry on paying the court I am sure will be fine. It is only a small amount in comparison to what other people owe. trust me i am one of them. the judges know what is going on at the mo and they do not want people out of their homes unless they can see you really cant afford it.

Ell-en has helped me with Kensington and court twice this year and both times I was fine.

Good luck

olivesxx