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Found 11 results

  1. I am having a right nightmare with Kensington mortgage company and need some much appreciated help . I had a suspended possession order granted in oct 2007 as I had lost my job at the nhs and my wife business had collapsed the suspended possession order was issued in oct 2007 for my monthly payment plus £50.00 i think i need to dig it out as it was nearly 6 years ago i will post later the exact amount I have been making payments over the last few years to Kensington but also built up massive arrears on my council tax and second secure loan with welcome finance at the mo long story short I have now cleared my 7000 pound arrears with council tax (rossendales ballifs ) april 2013 and got my arrears down to £1095 with welcome finance (was over £5000) however with doing this I have now got arrears of £20,018.46p as of 19th august 2013 with Kensington. I had an arrangement in feb ,march,april, to pay £636 (monthly payment) to Kensington of which I paid march £640.00 april £650.00 may £800 i only paid £160.00 in feb due to having several other debts elsewhere stupid of me i know !! on the 28th of april when i paid £800 i was charged arrears fee of £50 and i was told my arrangement had finished and i needed to fill in income expenditure form send bank statements in and wage slips to consider a new arrangement for may after filling in all sheets and sending in the above i offerd £636 + £64 off the arrears (£700.00 a month after 19 days i got a letter stating this had been declined and was advised to up my offer so i didn't make a payment in may as i wanted an arangement setup so i knew what i was paying i will explain later (don't want to go on but arragrements have been declined lots of other times over the past 5 years until i offered a lot more even if i couldn't afford it so im at the end of my tether and on the verge of giving up ! after clearing more debts in mid april and doing a new budget sheet i could offer £636 + an extra £200 .a month off the arrears i sent again budget form, wage slip, bank statements and again the payment proposal was declined after 16 days stating i couldn't afford the above (even tho the budget form stated i had an extra £204.00 at the end of the month ) offer as i had stated i would like to pay weekly and the computer calculates some months as 5 weeks the payment would be nearly £1000 in certain months i didn't pay anything in june as im holding onto my money incase thy issued possession which they kept stating every time i called them unless an aragement was agreed after sorting the above over the phone along with been told Kensington had inputed my child benefit of £134 into child benefit and also the same figure int family tax wrong (not £179.00 as stated on the budget form) and explaning the weekly thing i put a new proposal of £640 a month + £200 a month of my arrears which would take roughly 8 years to clear (still have 22 years on mortgage term) i advised i would start paying at the end of august and was advised the new payment proposal was affordable and would be given to the senior team (5th of august and boom i get a letter today dated 19th august stating unless i pay £20,018.46 in 7 days evershields (solicitors ) will apply to the court for the issue of a warrant of possession im holding onto my £840 incase i need to pay a rent deposit in the past i have an arrangement for 3 months pay it then it ends then seems to take 4-6 weeks to get a new arrangement i get charged £50 a month arrears fee and i can never get an arragemnt set up that's affordable they always decline 1 or 2 times until i offer a silly amount once i pay that for 3 months the same again the arrangement ends i have to update my budget forms and again charged £50 a month arrears except this time agfter 3 months arrangement they wont renew it.. please help i don't know what to do !! i called Kensington this evening and was told they sent a letter dated 15th august stating my 3rd proposal had been declined and due to previous arrangemnts not been kept and arrears building up they are seeking evection sorry for the long thread but don't know what to do regards mark
  2. Hi. I have recently fallen into rent arrears with my housing association I have a long term tenancy, have been here since 2010. I have a long term illness that has got progressively worse and in the past 2 years, I have been totally disabled. Without going into a load of irrelevant details, I spend am average of 18 hours everyday in a lot of pain, and have been hospitalized more times than I can count. I have recently been told I will never get any better as the bulk of the pain is because of scar tissue from a series of operations in a short space of time. Our rent payments made have been quite erratic, in all honesty for a while now due to being very low income and prioritising food and heating over rent, as we knew we could catch up on the rent at a later date. We always did catch up in maybe a couple of months. We have had housing benefit for a while also, so even when we fell behind, it was not actually by much. However, with my illness getting worse and (7 months back now) the DWP curing me of my illness (I am appealing and my consultant says I should absolutely win and most likely go from standard to higher ontop of this, and get everything backdated) and removing a large chunk of our income, things have not been so great. Our housing association just switched hands a couple of months ago, and almost immediately I was threatened with a notice of seeking posession. At the time I owed 200 pounds in total in arrears. I missed one payment recently and was planning on making it up the next ESA payment, but I received a notice seeking posession a week after this. Since then I have kept making payments and still plan to, but this is quite scary as we have nowhere we could go if we were evicted. My questions are 1. From looking around on the internet, apparently I have to owe 2 months rent before a notice can be issued. I do not owe 2 months rent. 2. Is housing benefit supposed to be taken into account for this? I owe £160 in arrears (I confirmed this with an adviser, got her to take off HB owed. I also worked it out myself from previous bank statements crossed with recent rent statement), however the letter I recieved said I owe £360. This is likely because the housing benefit owed has not been calculated. The 2 months rent, would this be the 2 months worth of topup I am meant to pay? Which would make the total I am supposed to owe to make it 8 weeks £200. Or is it meant to be 2 months total rent, which would make the total I was supposed to owe £800 Or is the 2 month figure false altogether? If the 2 month figure is correct, then I do not owe enough for this action surely? If it is only supposed to be the topup I pay that counts for this, then the housing benefit owed should be taken off the total they are saying I owe, so it would be £160, not the £200 it would be of it was 8 weeks behind.. I suspect by the time I appear in court, there won't actually be any arrears at all, or they will be extremely low (people I have spoke to say that these are already extremely low at £160, but I mean low as in under 100). Or if I have had my tribunal and have had the backdated PIP then I will actually be way in credit on my rent account. Will any of this make a difference? And what actually are the chances of a judge evicting us? I hope this message makes sense, I am a little emotional right now.
  3. My landlord has submitted a claim and now I have a form for defense. I have been abused by the landlord over 4 years and last year I finally managed to have the council serve a notice for repairs which were done in the worst manner possible. I know the following: 1. I was never given details of my tenancy deposit being protected until now where I have seen them for the first time 4 years on. 2. The name on the claim form for the landlord is the wrong surname 3. The council requires a landlord to have a licence prior to submitting a section 21 and this was not done. 4. The court application for possession was made prior to the end of the fixed term of the assured shorthold which is June 29th and this was submitted on 26th May. 5. The second landlord (as there are two), does not reside at the address stated on the claim form. There are two boxes for two people and the second one is blank. What about issuing a counter claim for breach of contract under the Housing Act and Landlord and Tenant act for failing to carry out repairs once being notified in reasonable time for a period for 4 years? When would one submit this claim as a counter or is that done as an entirely separate matter in the courts? Shall post in 2 seconds.. uploading now here are the claim form pages Will make into a PDF. two secs Ok attached attachment.pdf
  4. Hi all, Hoping somebody may be able to shed some light on my question.. I have a judgment against an individual. I have come to realise his name is misspelt on the judgment. Have been advised by the court to make a formal application to correct this using an N244 form 'Notice Application'. My question really is regarding what court fee I am supposed to pay. Ive read the official fee guide but it doesn't make it very clear regarding this type of application. Any thoughts? Ive already emailed the courts to ask but thought somebody may have the answer on here. Thanks in advance
  5. Hi, I'm currently in the process of being evicted from my rented flat. I contested it for a while as there were plenty of irregularities over the tenancy and the deposit protection, but the landlord got an immediate order for possession about 2 weeks ago now. I was fully expecting him to instruct county court bailiffs right away, but 14 days on, I haven't received a notice of eviction. I rang the County Court Bailliff's office, and they haven't even received an application from the landlord to start that process. I find this a bit strange, I don't understand why he didn't do this right away. I've been reading elsewhere that there's a procedure for possession that involves getting the case moved to the High Court and then instructing High Court Enforcement Officers to carry out the writ. It's my understanding that this is more expensive but much quicker. It's also my understanding that if the landlord goes down this route, I don't get any notice at all until the HCEOs turn up at the door. Is there any way of finding out if this is what's going on here? Is this a common route for landlords to use? Is it true I wouldn't get any notice at all, or any notice that the case was being transferred to the High Court? If I get a few days notice to get my stuff together, then that's fair enough, I'd even send the keys back and save everyone a lot of hassle. What I'm worried about is that I'll just come home one day and find all my stuff on the street. Does anyone think this is likely or have any advice in this situation? Cheers.
  6. Hi I was just wondering if a SPO is granted and then the mortgage company sold the mortgage to another company would that SPO still be valid or would the new mortgage company need to apply for a new one. Many thanks
  7. HI, Looking for some advice/guidance..... Have fallen into arrears with NRAM mortgage. We are approximately £3600 in arrears (which was £5600 until I paid £2000 today). The arrears now equates to 3 months. We fell into arrears last year about June, then made a payment of £2000 off the arrears and made an arrangement with NRAM to clear arrears and to be fair they were quite helpful. I fell back into arrears as I have lots going on and think I may be losing the plot. My wife had an accident in work in 2008, she spent a period of time recuperating, but couldn't go back to her job as she wasn't well enough. She then descended into severe depression from early 2010. She was prescribed treatment but her depression got a lot worse (2011/2012) and ended up being admitted to hospital for 2 months when some terrible things happened. This was a terrible time. IN all this time I held down my pressured job, we lost my wifes decent salary on which our mortgage was based, I kept the house and the bills going, but made arrangements with unsecured debtors. I am struggling to keep on top of things, stuff seems to drift and to have one more complication really takes its toll on me. Not looking for sympathy here just telling it as it is. The last NRAM arrangement (November) I just let drift even though I had the money in the bank all because I asked them to set up a direct debit so I didn't have to think about, but they refused and not sure why. Have today received a letter for a possession claim with a hearing date of 30th January. I phoned NRAM and resurrected the payment plan to clear arrears and this time they were willing to set up the direct debit....grrrr I cannot bear to think about adding anymore complications into my life right now, my wife needs me to be there for her and so does my job and I don't want her to worry about anything. I do need to make sure there is no further instability in her life as she could easily go back to the awful place she has been. Sorry don't mean to moan. Anyway any help would be appreciated. Kind regards.
  8. Was in Court earlier this month, facing a second eviction date. N244 submitted, and the eviction was suspended. I've managed to get the lender to extend the term of the mortgage. It's reduced the CMI by £150 so that is going at the arrears as well now. The arrears were rather small compared to some at £2100, they are now £1800. By Christmas I should have them cleared. Can I then get the suspended order discharged? I don't like the way they can just get an eviction date whenever they feel like it. What if I'm on holiday? Ill? And don't have time to react to it. Also, is it possible to claim back some of the fees on the mortgage? I have read some confliction advice regarding this.
  9. My mother has recently had a hard time financially, but today I came across a letter from this week from the bank where she has a mortgage, stating it has started proceedings for its solicitors to create a court hearing to repossess her house. On the letter it shows what she has been paying, the expected payment is £103 each month, but she has been paying £20 one month, £70 etc the next, not a regular payment plan at all. The arrears are currently £1200 odd. I will be paying £100 tomorrow and have said I can pay £160 each month for her. She will also pay £100 off on Monday, which I will make sure of, and then make payments of what she can. Will this be acceptable to her mortgage lender? Does anyone have any advice? As the expected payment is £103, and I am willing to pay £160, +£200 this week should start to bring it down. What are the chances the bank outright rejects this? Will her house be repossessed or should this plan be acceptable? I am working tomorrow, but my brother will be going with her tomorrow to speak to the bank along with a budgeting plan outlining what will be paid each month and when, created by myself, but is basically similar to what I have typed here. I live with her, and until recently was unemployed, but will be giving her pay slips to show the bank there is a regular income and this £160 will absolutely be met on time + my mum will be making regular payments twice a month towards reducing it. Thoughts? Thanks very much,
  10. I posted a long time back about getting my partners mother moved from their council house to nearer to us as she has very poor health and her friend who is her carer is 72 and they both need more support they're currently 75 miles away. Long story short after some help from an MP they have been offered a local home. They have told the council they are leaving and they now want them to sign terms and conditions saying things like they need to remove all furniture (fair enough) but they also say all carpets must be removed now the carpets that are there were down when they moved in about 24 years ago. Can the council REALLY make them remove the carpets it seems totally ridiculous to me to expect people on benefits who are having to borrow every penny from relatives to be able to afford to move house to remove carpets (stair carpet is under a stairlift anyway). The housing officer is coming tomorrow to put the thumb screws on her to sign immediately, have told her to sign nothing so need help ASAP!!!! Thanks
  11. I have lived here about 2 years. I am up to date with rent. I have had loads of problems from landlord. I served my landlord a disrepair notice last year. never and still dont have a gas safety certificate. have paid twice myself for failed certificates. been to council for help. they have been useless and not helpful. my landlord has tried to evict me last year twice for trying to get him to do repairs etc.one time was an illegall notice.im not sure about the other one. the bank have now taken the flat from him for not paying the mortgage. I got letters from Yorkshire Bank and Walker Singleton saying that they are the recievers. I rang council again May 3rd, they said that my file had been closed and said "no further action" on it. since then someone has added to my file that I had refused access for a safety cert. (may 16th i got a letter from Health and safety executive stating this)it is not true, I complained to council last year about landlord and gas cert and safety issues at the flat. they inspected the flat but did nothing. i continued paying the rent and struggled with my bills. I got a further letter from Keeble Hawson solicitors saying they didnt think I had a tenancy and were applying in 7 days to court for posession of the flat. I have obtained a copy of my tenancy (from the council - cant find original) and sent it to Keeble Hawson and Walker Singleton. including 10 documents of contact with landlord and council regarding flat and disrepair etc and another, new, disrepair notice dated May 25th. I have paid again for a gas certificate. the engineer said it is one of the worst boilers he has seen, black soot and water all over the floor below, black soot all over front and up pipes etc. he has disconnected the boiler and gas fire and condemned the hob. (May 24th thursday last week.) I sent copies of failed cert to HSE, Council, Walker Singleton, Keeble Hawson. I put the name of Walker Singleton receiver on the certificate as I believe them to be the now landlord. got no replies to my correspondence and emails until today. Walker Singleton say that I had a section 21 notice (last year) and that they will get me some hot water but they want me to leave the property. They say that are ringing me later this morningit is now after noon. I have had not hot water, heating or fire since thursday last week. i notified them on friday. I am no expert on this can anyone advise me on what I should be doing?
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