Jump to content


Kensington 28 day possession order


jeffkitty123
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2088 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi I have received a letter re: possession order from Drydensfairfax today (not unexpected) for arrears of £3258.

 

The letter states that the order will become enforceable on 9/10/17 and that a money judgement for £92982 was also obtained.

 

The letter asks that I clear the arrears in full prior to this date

. If I am unable to clear the arrears, to forward proposals for clearance of the same within the next 7 days.

(I have no way of clearing these arrears).

 

Once the enforcement date had expired they will apply to the court for the issue of a Warrant of Possession.

 

The only way that action will be cancelled is on clearance of the arrears in full.

 

Should it be necessary to apply for enforcement,

you will be notified of the time and date of eviction direct from the court.

 

what happens next and what can I do to stop this.

 

Mortgage payments £550,

have recently been paying £600 with an additional £50 per week.

I cant afford any more than this.

 

Forgot to add that we have previously been in arrears, around 2 years ago, but borrowed money from family to clear it, which we are still paying back.

 

Cant go down this route again

Link to post
Share on other sites

  • Replies 52
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Whom are stated as dryrots client on their letters???

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Did you attend the possession hearing?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

No, you're home isn't automatically gone - if you don't pay the arrears by 9th October the lender can apply for an eviction order however you can still apply to the court to have it stopped.

 

The first thing you need to do is write to Kensington making an offer of monthly payments to clear the arrears. If you have been paying an extra £100 per month plus £50 per week that seems an awful lot to me for arrears of just over 3,000. How much extra per month can you realistically afford?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I cant speak to them, tried that in the past

 

DX, i reckon they owe me thousands in arrears fees

 

Ell-enn, tbh this is really stretching us, like I said before we have been in arrears in the past and have borrowed money off family to stop action for which I am paying back 100.00 per month.

 

 

We could probaby afford realistically 600.00, we just felt pressured into the extra 50 per week.

Link to post
Share on other sites

I cant speak to them, tried that in the past

 

You don't need to speak to them, you write to them, that way if you do have to go to court you can show the judge you have tried to come to an arrangement with them but they haven't played ball - that will work in your favour.

 

I am away until Wednesday but I can draft a letter for you when I get back if you like ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

you'll win easy.

 

 

have you got all the statements from day one?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

If they don't respond to your offer then you will have to apply to the court for a hearing in front of a judge to get your payment offer accepted. We can help you with all the paperwork for that. It's a shame that you didn't go to the possession hearing, the judge would almost certainly have accepted your offer and Kensington would have had to accept that decision. If you had found us before the hearing we would have been able to assist with your defence, but at least you found us now :)

 

I will pick this up on Wednesday when I'm back.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Mortgage statements? No I havent

 

 

send kennys an sar

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

You may not have to, but if you do - it's nothing like what you'd think - not a courtroom like you see on TV etc, this is a civil court. The judge sits in a room at a table and you sit in front of him and he will read your defence ask a few questions and make his decision - 10 minutes max. We would guide you through it so try not to worry too much, judges won't take people's homes away if they can see you're able to pay.Y

 

You're right, fight to keep the roof over your head first and then we can deal with charges etc.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

get the sar running its only one letter and a postal order

then you have the info running

then put it on the back boiler

it takes upto 40 days to come anyway.

hitting back will silence them as well.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

OK, leave everything till Wednesday and then we'll get on the case.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

but you are not terrified of being on the street with their outrageous charges added to the sale.

 

Get the SAR off, they have 40 days to provide the info.

In the meanwhile make the offer of additional payments and try and work out what fees have been added that you know of.

 

They arent allowed to add interest to a fee as it is not part of the loan.

Once they know that you know this the liklihood of a successful possession order is much reduced.

 

When you know the exact amount of all the unlawful fees and interest applied to your account that will most likely clear the arrears and knock a bit off the capital as well.

 

Court is really nothing to be afraid of if you have done some homework.

 

Doing nothing isnt an answer to any problem though

 

I am really worried that I will be homeless :-(

 

I am terrified to be going to court

Link to post
Share on other sites

Thank you Eric, I have an interest only mortgage, so nothing will come off the capital? I will get the letter off tomorrow :)

 

I hate this company so much..

a few years ago we had compensation from the local authority for double glazing because a new bypass passed our property, but because they were in arrears with our mortgage, Kensington wouldn't authorise it, they wanted us to pay it off the mortgage :(

Link to post
Share on other sites

got any equity in the property?

If you have a decent amount then you can probably get an ordinary repayment mortgage elsewhere as long as you can pay the proposed monthly amount.

They will be quite strict on their lending because of your current situation.

 

Do you have a vehicle you are investing in to pay off the capital at the end of the mortgage term?

 

 

What was said to you when you took out the mortgage and who by

- a broker or directly though them.

 

 

You might have a good claim for being missold the mortgage product and that will allow you to get away from these bandits a lot easier if the ombudsman finds in your favour and the broker may well just owe you a small fortune

Link to post
Share on other sites

Hi - can you please fill in the affixed budget sheet which we will send with your letter. Please let me know when you have done it. The sheet automatically calculates as you fill it in so you can adjust as necessary.

Budget Sheet.xls

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...