Okay, well I fully admit I have no idea how part release works at all but if this is definite future income that will clear the arrears then it could be a point to argue. If not then what kind of offer can you give them to clear the arrears based on your current income? You said you avoided evictions in the past. How did you do that and is there a suspended possession order in place?

Hi there. I'm sure some of the experts will be along at some point and can offer more specific advice about your situation but in the meantime how much are the arrears and are you in a position to pay them back over time? If so have you put any proposals to the lender yet?

Suspended Possession order means that he has agreed with their case but has suspended the possession on the basis that you keep to conditions, namely the proposal you have made, so they can't apply again if you are keeping to the arrangement. Adjournment means that the judge has not been able to make a judgement on the case, so is essentially saying that they have a valid point but so do you (regarding their failure to follow procedure). So the case could be adjourned on the condition that you keep to the proposed arrangement. The advantage of the former over the latter is that with a Suspended Possession Order they can simply re-apply for an eviction if you ever fall behind again, whereas with an adjournment there has been no order against you and they would have to go through court action again if you fall behind.

Oh okay, so is £42,000 the full balance of the loan? £50 a month against arrears of £3587 should be acceptable as long as you can prove that is what you can afford and its all you can afford. That clears the arrears in about 6 years.

If you have a detailed Income and Expenditure form and can clearly show what you can afford to pay back then there is a good chance that the judge will suspend but that does depend on what the actual arrears are rather than arrears plus charges. The payment against the arrears has to clear them within the lifetime of the loan at the very least. The fact that they did not change the date when they said they would puts them at fault but in theory they could still expect you to have the money if they weren't taking it couldn't they?

I assume that total must include a lot of charges? If your main argument is that they did not change the Direct Debit then I am not sure whether that alone will work. There must be other ways of paying them. Did they not contact you at all about the arrears? More importantly, are you now able to pay the money back and clear the arrears?

If there are things that you have to spend money on then you should include them. If there is anything that you can cut back on then don't include it. No point telling them that you have x amount available after outgoings when in reality you have only half that, because any help or arrangement you might get will be based on what you say your budget is.

pinkcob, sorry to hear about your situation. The Council don't HAVE to help but you can challenge their decision and I believe, given the age of your children, you should be able to get help from Social Services. There is an emergency housing rights checker on the Shelter website that is worth looking at

I'm sure they do, but there are obviously processes they have to follow and your own circumstances have to be considered. See what the legal advisors have to say about it. I'm sure they will be used to cases such as these

And you have had nothing else from them or their solicitors through the post? That is quite unusual. As you have received so little information from the lender you do need to find out the full details of what has gone on, what the full arrears balance is and whether they received your letters. In regard to corresponding with them I would imagine that your case advisor should be able to give advise on who to talk to (Shelter maybe, or CAB) as I am sure that this must be a fairly common situation.

Hi wrecked How much are the arrears on the account and have you spoken to the lender since you received the eviction notice? I am not an expert on how to argue these cases in court but I would have thought that medical conditions would certainly be an acceptable reason for not being able to work, especially if you are still receiving care. Does the support that you have applied for cover mortgage payments?

I have had to do so in the past, but it wasn't with the same lender and was quite a while ago. Whether it is worth going to their office I don't know. The people you speak to on the phone aren't based there.They don't even work for Kensington. Its all outsourced to a company that deals with loads of other companies too.

I would be surprised if Kensington will use email. I have asked them about emailing before and they wouldn't have any of it. The solicitors might do though. Although I would be the same about not paying until I had something in writing it might be a case of taking a risk on it. All they need to do is call the solicitors and call the court to stop the eviction. This can be done right up to the last minute but as I said before you might find yourself doing a lot of phoning around tomorrow making sure things are actually getting done!

Excellent, well done! Okay, do you physically have the money and if not when will you be getting it? At this stage you may need to actually deposit the cash into their account. See what they say about that though. Call first thing, tell them you have the money they asked for and ask them to confirm that they will cancel the eviction if you pay it. If there is any way they can fax or email something over then even better but there might not be at this time.

What did they say today? Did you manage to speak to them?

As I say, I don't know for sure and I was as worried as you are about what I was told but there comes a point when you have to take a risk really. At this stage there isn't much else they can do other than tell you over the phone. Call tomorrow, ask what notes are on the account, ask if it can be put in writing (or email/fax), tell them you will be getting the money, ask how they want you to pay it and then go ahead and get it if you can.

Hi again janif Okay, well firstly I would call tomorrow and ask about getting it in writing. There will be someone there. I've spoken to them on Saturdays myself. Whether it is the right person or not doesn't matter - they can put a note on your account. In fact, it is worth asking if they have already put a note of the accepted proposal on there. I am afraid I don't know much about whether they would still go ahead even if you do pay but in my own experience (with the same lender) they were hard to communicate with early on but once it got to this stage they seemed rather better, and although I was probably even worse than you in terms of panicking and not trusting people, they actually did end up doing exactly what they said they would. As for whether they would just apply for a new warrant immediately, I doubt that too. The 3 month thing is just their policy I believe. In terms of the cash though it is important to find out how to get it to them. Just having people saying they will pay won't work - they will probably insist the money is from you, so at this stage you will probably need to get the actual cash. And quick.

Worth a try but I once asked the same lender if I could email something to them and they said no. It was fax or post. Might be different with communication like that. Or maybe the solicitors could email?

Sorry to hear that it did not work out janif. What did they say about the 12 grand? They may well insist the money comes from you (not your money as such, though they will want to know where you got it from and will want to be sure its not a loan) so it would have to be a case of getting the cash and paying it into their account at the bank. In terms what what Lea says about getting it in writing, that is most desirable but at this stage it may not be practical. If you call them tomorrow and ask I doubt the letter will even be with you in time. Things tend to go extremely slowly, and I doubt they will use email. Obviously the soonest you know you can get the money the better, but if you can you might have to be relying on a lot of telephone calls (to the lender, solicitors and court) to make sure things are being stopped as they promised.

Yes there is. At this stage I would say your best bet is to call them and try to come to a payment arrangement with them. They might delay going to the solicitors while it is being considered, or they might not. Are you able to say how much the arrears are, what the reason for them is and are you able to pay them back going forward, and if so over what period?

Interesting. I've never dealt with solicitors, just the lender Dealings with 'Kensington' can be truly horrendous, but its not actually Kensington, its outsourced. I can't remember the company name right now but that is who you go through. They do admin for loads of lenders and as such are not very knowledgeable beyond a figure on the screen. That is why they can often seem so bad.

Agree entirely Lea. Good advice. I wasn't sure if the repairs were before or after renting the place out but yes the story has to be coherent

Personally I would say you should go yourself. I can't see any advantage of not doing so as the case is the lender vs you. Still not sure if the tenant delaying the eviction would even mean the repossession would be stopped anyway. It could just be that the tenant can stay under the ownership of the lender. Given that the tenancy would not be a binding one anyway (as you had no permission) it might be trickier still for the tenant to get the eviction postponed, unless there is a good argument that they knew nothing at all about it. If they raise the issue of the tenant then I guess just say it was a temporary arrangement. Everyone's circumstances change from time to time. As for what else you can do, basically just what has been said I think. Go to court very early, hand in the form with the fee and ask for an emergency hearing. If your argument is that you thought you had an arrangement in place then provide proof that you paid this arrangement, if your argument is that you missed payments because of house repairs then provide proof of this, but crucially you will have to show that you can afford to pay back the arrears plus the normal payment over a period of time. All the information for the paperwork you need is on the threads on this forum I think.

If the tenant went to court and was allowed to stay wouldn't they just become the tenants of the lender? If they haven't got anywhere to go then they probably should consider that anyway. Be at the court first thing, fill in the forms, ask for an emergency hearing and give details of all payments, reasons why payments were missed (any copies of repair bills etc) and proof that money will be available to clear the arrears.

You are welcome. I can only go on my own personal experience, from the help I received on this forum and from what I have read in other threads (I would recommend you doing the same, it does help to put your mind at rest to a degree). I can safely say that you are in the right hands having Ell-enn helping you. Please do let us know what happens if you can. Very best of luck to you and your family