ananya
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Everything posted by ananya
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I couldn't have done it without the fantastic help and support I've had from those on CAG, especially you Ell-enn and for that, a huge and heartfelt thank you
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Hi, I had to reopen this thread as after we managed to get the order suspended in November last year, hubby lost his job in December and we got into trouble, again and Kensington jumped straight up and got an eviction date. Well, hubby got another job pretty quick, starting just after we got the eviction date, I told KMC and we also applied for a hearing to have it suspended. Well, on Monday this week, for the FIFTH time, KMC have lost and got a good telling off from the judge! The judge also reduced the monthly arrears payment from what we originally offered too! Anyone in the same position, all is far from lost ��
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I'm looking forward into finding out exactly what they've charged us over the last nine years. Once I have a reply, I'll post the details.
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One last thing, the bailiff who delivered the eviction notice told us 97% of evictions get suspended. If that's true then surely mortgage companies are abusing the court system to get their own way?
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Awwww thank you dx100uk, I'm a firm believer that the courts and DJs just do not tolerate bullying behaviour from mortgage companies. Oh and the DJ ordered no costs to be awarded to KMC either and we didn't even ask for that. What I couldn't get over was the fact that KMCs legal representation had no idea they'd been fined heftily for unfair practice and illegal charges, surely he should've been aware of that?! Ell-enn, thank you again, without your help and the support from CAG, we'd have never done this, so a huge thank you from the bottom of my heart Anyone facing the same as we have, don't despair, all is far from lost. Especially knowing we got our eviction suspended with arrears of £12000, if you can prove you can pay, have a good reason why the agreement was broken and have tried to come to an agreement with your mortgage company but to no avail, in our experience the district judge will find in your favour. It's made our year I can tell you
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Thank you, no I don't have the info, so its a request to them first. I'm expecting the charges to be in the thousands, it'll be interesting to see exactly how much they've whacked onto our account over the years.
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We managed to get into trouble again with our mortgage and broke the arrangement to pay the arrears set by the court 3 years ago. It was due to extenuating circumstances, I was going through lots of tests as I had a cancer scare, hubby had to take time off work and as he's a contractor he doesn't get sick pay, this resulted in a drastically reduced income. I kept KMC fully informed and we started payments back up, with an extra £260 on top each month, they told us we couldn't afford this and went for eviction. On the day hubby submitted our application to have the eviction suspended (anyone doing this via Birmingham Civil Justice Centre, they prefer you use their own tick box form, not the N244, available from the reception area) KMC rings up saying if we cancel our hearing proceedings, they'll work with us to find a solution, not having any guarantee they'd cancel the eviction on 17/11, we obviously decided to leave it in the hands of the district judge. We have been here before, with documents I have saved from before and reading these forums, I prepared the documents to take to court. Needless to say, the judge was on our side, berated KMC for their tactics and ordered us to pay an extra £200 and not the £260 we have been paying, so as not to over stretch us. I have read that I can start to reclaim some of these unfair arrears charges and counsellor visits. I've read the linked articles about KMC being fined but am at a bit of a loss on how to go about things. Can anyone help? Many thanks.
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Hi, thanks for your reply and a SAR will be definitely be the next step.
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Hi, I hope someone can give me a little advice. Back in 1996, hubby had a social fund loan for advance rent and as he was claiming benefit, the repayments were taken at source, as usual. We both understood that the loan was repaid in full as no other communication has ever been made. However, the DWP have now sent him a letter, demanding the 'rest' of the social fund loan to be repaid, as according to their records, just over half remains unpaid. As he didn't find work and sign off for well over a year after the loan was taken out, as far as we remember it was paid in full. They are also trying to claim another amount from him from 2009, called an 'alignment to benefit' - he was working in 2009 and hadn't claimed benefit for a long time. He wrote to the DWP asking for details of these alleged owed amounts, they have sent very scant details and no details on the repayments made to date. Does anyone have any insight or advice? It would be very much appreciated
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Hi, yes they settled 'as a gesture of goodwill' in full, for £2002, everything we asked for plus interest, bonus!
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Hi sunnygill, just wanted to offer my support and to let you know we're all here to try and help and will be thinking of you. We had a repossession hearing last week and thanks to Ell-Enn's help and advice, it was suspended and we got what we wanted in terms of the arrears repayment, not what the other side wanted! The DJ was very impressed with all the supporting documents we had with us, apparently so many people turn up with nothing. Good luck
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Yes, just a bit! Apparently, there is likely to be a few new members coming soon as hubby's workmates have asked for CAG's addy, as he has also been singing everyones' praises!
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Well, we got it suspended and the monthly payment at CMI plus £100, not the £150 we had offered as the DJ said there was no room for contingencies We are both so relieved and huge, massive thanks to Ell-Enn and everyone for your support and invaluable help. The DJ also told off their solicitor because she was pushing the equity card, saying the arrears had gone up so much that their client may not recoup everything, because of possible negative equity. The DJ stopped her mid sentence and basically said that was irrelevant. He, and the duty advisor, were both impressed with all the info we had bought with us, thanks again to Ell-Enn! I tell you all one thing, we will sleep well tonight!
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Will try to sleep, I've got so much running through my mind though, still, there's not much that can be solved by worrying about it. I'll post again tomorrow when we get back.
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OK thank you again. We're all sorted now, everything printed out, assembled and ready. The hearing is at 2.30pm so I'll post what happens as soon as I can. It will be interesting how much sleep we get tonight!
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The arrears were originally around £13,700 but we've knocked a couple of hundred off with the payments we've made, plus there was the last DWP payment credited too. The arrears have reduced since they filed the claim, not by much, but a couple of hundred.
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For some reason, I can't find an annual statement....the only thing I found was a summary of arrears/payments, which showed the fees separately. However, I've found a transaction history which shows the fees debited the same as the monthly payment due, including arrears fees and court fees.
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No, hang on, it was an arrears and payments list, I'm just checking through the massive pile of papers now for a proper statement.
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It seems to be, but it wasn't taken from an annual statement. It was a statement of fees, separate from the payments statement. Should I take out the last paragraph from the court statement?
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I've found a statement which shows the fees separate from the arrears, the arrears figure does not include the fees they have charged. Having said that, in monthly £50 fees alone, there is over £2000 since we took the mortgage out.
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I keep everything so I should have it. I'm just in the middle of printing everything off, will have a look whilst I'm doing that.
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Not a full one, only a monthly one which shows a £50 charge every month.
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Thankyou, that means a lot x
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Fantastic, thank you doesn't seem enough though! I will pop on the main computer in abit and complete and print it off, the other printer has more ink in it! I'll let you know what happens when we get back tomorrow, fingers crossed!
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Hya, thank you so much again. I've got together hubbys work contract, the original offer of employment letter showing when his first salary payment was to be made, printouts from the bank showing the 2 payments to Kensington, my DLA award letter, the budget statement from CAG and I think that's it. I've printed out 4 copies, one for us, one for the judge, one for the other side and one for the CAB person, if we can get them to come with us. So along with the statement you have kindly done, I'll print 4 of those out too when you send it over. I've got to pop out but will be back on later this afternoon. Thank you again x
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