Kensington Multiple Repo's + Reclaim fees? **They've lost 5 TIMES NOW**

[ananya]

Hi, we have a mortgage with the wonderful and helpful (!) Kensington and we have managed to get into a pickle. Husband has been in and out of work and we had a reposession order suspended last February. Unfortunately, we've got further into a mess and now have a date for reposession on the 22nd January 2008.

 

I have to be honest, it's not the first time we've been in this situation, we had a mortgage with Verso who did the same to us some years ago, but the system has changed since then.

 

Has anyone been in the same situation and does anyone have any helpful advice?

 

Many thanks

[Ell-enn]

Hi there, I'm sorry to hear you're in this position - it must be a great worry. However, there are things you can do.

 

If you can answer these questions it will help to advise further:

 

1. How many months in arrears are you?

2. Are you now in a position to make regular payments going forward + a small amount on top towards arrears?

3. Do you have any dependent children?

 

You can apply to the court to further suspend possession if you can show that you will be able to maintain payments going forward. The form you need is N244 and can be downloaded from Her Majesty's Courts Service - Home.

 

If you need help with filling in the form I will gladly work with you. If you can get it to your local court as soon as possible you should be able to get an appointment with a judge who will hear your application. The courts are usually very good at getting you a hearing at short notice - I helped someone get a hearing 24 hours before they were due to be evicted, so it can be done.

 

Kind Regards

 

Ell-enn

 

Hi there, I'm sorry to hear you're in this position - it must be a great worry. However, there are things you can do.

 

If you can answer these questions it will help to advise further:

 

1. How many months in arrears are you?

2. Are you now in a position to make regular payments going forward + a small amount on top towards arrears?

3. Do you have any dependent children?

 

You can apply to the court to further suspend possession if you can show that you will be able to maintain payments going forward. The form you need is N244 and can be downloaded from Her Majesty's Courts Service - Home.

 

If you need help with filling in the form I will gladly work with you. If you can get it to your local court as soon as possible you should be able to get an appointment with a judge who will hear your application. The courts are usually very good at getting you a hearing at short notice - I helped someone get a hearing 24 hours before they were due to be evicted, so it can be done.

 

Kind Regards

 

Ell-enn

[ananya]

Hi, thanks for your reply. We have missed 4 payments since the possession order was granted and TBH I can't remember how many we missed before, but with the high repayments, the arrears add up quickly.

 

Husband now has work again and I can't see any reason why we can't maintain repayments. One extra, when the order was granted last year, we offered to pay an extra £60 which the DJ agreed. When we missed payments back in the summer, we upped this to £100 which has crippled us.

 

We don't have any dependant children but I am registered disabled.

 

Hi, thanks for your reply. We have missed 4 payments since the possession order was granted and TBH I can't remember how many we missed before, but with the high repayments, the arrears add up quickly.

 

Husband now has work again and I can't see any reason why we can't maintain repayments. One extra, when the order was granted last year, we offered to pay an extra £60 which the DJ agreed. When we missed payments back in the summer, we upped this to £100 which has crippled us.

 

We don't have any dependant children but I am registered disabled.

 

One more thing, any idea of what the court fee is as I can't find it anywhere on the HMCS website, thanks

 

One more thing, any idea of what the court fee is as I can't find it anywhere on the HMCS website, thanks

[Ell-enn]

Hi there, I am having trouble with my Acrobat reader so can't download the fees leaflet from HRMC. If you type in the search box "fees for application from N244" you will get the fees leaflet.

 

However, you say you are registered disabled - do you receive benefits? If so you may be exempt from the fee. It would be a good idea if you were to ring your local court on Wednesday when they re-open and ask. You won't be able to do anything with the form until wed either, but in the meantime you should prepare an income and expenditure form showing what payments you can make. You can download this from National Debtline England & Wales | Personal Budget Sheet

 

You will need to attach this to your application.

 

Please let me know when you are ready to fill in the application and I will help you with the wording.

 

Kind Regards

 

Ell-enn

[sillygirl1]

Don't forget to ask the court nicely about stopping Kensington charging you arrears fees, they can do this you know. I was charged £85 per month by GMAC in arrears fees of one kind and another, eat into my £100 offer quite a bit. Judge told them to stop charging me so they went for immediate possession instead. I can help with the forms on this too so you are not alone.

 

I think you will find that Kensington go for repo with one missed payment....

[ananya]

Thank you both so much, it's lovely to know we're not alone

 

Kensington charge £50 arrears fee and £20 for something else, I think, but say they add it to the capital and the amount you pay off the arrears does come totally off them, but of course the amount you owe increases drastically.

 

We have to wait until the end of the week until we can take the forms up as the purse is empty, don't you just hate money?

 

I don't think I am exempt as I'm not on a means tested benefit. We've also contacted a couple of brokers about trying to remortgage, it might be worth a go. Even iGroup, or GE Money as they are now, treated us much better than Kensington, we should have stayed with them.

 

I'll be online later tonight and would appreciate any help with completing the form.

 

Thanks again folks, I really appreciate it

[Ell-enn]

Hi there, glad to hear you are feeling more positive. I have to go out this evening, but I will be back in my office from 8am tomorrow morning and I have a copy of the forms there, so will be able to walk you through it then. As you can't do anything until the end of the week, there's no rush - and we have to make sure we get the working right.

 

Regarding re-mortgaging - how long have you been with Kensington and are there any redemption penalties if you move mortgage now?

 

I will post in the morning to let you know I am online.

 

Kind Regards

 

Ell-enn

[Bona]

You will need to prepare a statement of income and outgoings be honest The Judge can suspend the order if he believes that you can pay it back over a reasonable period of time I think the application fee is £30.00 you need to get your application in there will then be a hearin I have been through several of these so can help if you wish the most important thing is to be honest and not say you can pay more than you can

[Ell-enn]

you should prepare an income and expenditure form showing what payments you can make. You can download this from National Debtline England & Wales | Personal Budget Sheet

 

You will need to attach this to your application.

 

I think they are in the process of doing this Bona, any other info you might be able to give would be appreciated. I've helped with a couple of these myself, but other people's experiences are always helpful.

 

Kind Regards

 

Ell-enn

[Ell-enn]

Hi there, just to let you know I'm on line if you need help with your form.

 

Ell-enn

[ananya]

Hya, yes I'm here too and yes please!

[Ell-enn]

Hi there, OK - Looking at the form, you firstly need to fill in the boxes on the top right hand side - you will get the information from the notice of possession you have been sent by the court.

 

On Part A -

 

1.cross out the I to leave We and also cross out the claimant etc in brackets on the right.

 

2. cross out (a draft of which is attached) and enter the following:

"suspends the warrant for possession"

 

3. because..... we are in a position to make regular payments of £xxx going forward including an amount of £xxx towards the arrears.

 

 

Part B.

 

Cross out the I to leave We and tick the box Evidence in Part C.

 

Sign in the box and cross out Solicitor & litigation in brackets underneath to leave (Applicant)

 

 

On Part C we will attach your income and expenditure form with a paragraph explaining your circumstances and why you are now able to make payments going forward.

 

 

Let me know when you are ready to do that part.

 

Regards

 

Ell-enn

[ananya]

Hya, I've completed that apart from the top right, the part that asks -

 

-How do you wish to have your application dealt with

-Give an estimate for the hearing

-Is this agreed by all parties

-Give dates of any trial period or fixed trial date

-Level of Judge

-Parties to be served

 

Also, I can't find a warrant number on the papers, just a claim number from the original court summons. There's no warrant number printed anywhere.

 

Also, I've found the order from the original hearing where it was suspended, and the Judge ordered that the arrears are to be paid off at £60 permonth, the at the bottom of the order, it states that the defendants pay the sum of £xxxxxx (which was the whole outstanding amount at that time) by instalments of £60 per month, no mention of the regular mortgage payment at all. Am I reading this right that the Judge has only ordered monthly payments of £60 full stop? I can scan and mail you the original order if you like and you can see what I mean.

 

Thanks again

[ananya]

Have had to pop out, will be online later today, thanks again

[Ell-enn]

Hi there, sorry - you need only to tick the box for At A Hearing. Leave the rest blank - the court will deal with that when you hand it in.

 

Regarding the payment order - it would mean £60.00 per month on top of the normal mortgage payment.

 

If you could scan and email the original paperwork that would be great. I have PM'd you my email address as it's best not to post that kind of personal details on the forum. What have you been sent regarding repossession on 22nd January?

 

Kind Regards

 

Ell-enn

[ananya]

All we've been sent is 3 separate letters from Optima Legal Services, their representatives, telling us that the court has granted an eviction to take place on 22nd January. One addressed to me, one to hubby and one to the occupier. 2 weeks prior to this, we had 3 letters, addressed the same, from Optima, telling us that their clients were seeking a warrant for possession.

 

I'm on the laptop at the moment so can't scan, will send the documents to you when I'm on the other computer later.

[Ell-enn]

Hi there, did you receive a suspended possession order from the court after judgement in February? this will have the warrant (for possession) number on it - top left hand corner I think.

 

Regards

 

Ell-enn

[ananya]

We received an order after the hearing in February, but it only lists a claim number, no warrant number.

 

If you're online in an hour or so, I'll be able to scan everything and mail it to you by then.

[Bona]

Dont worry if you cant find the warrent number the claim number is enough , the court will have the warrent number on file, when you take it in they will give you a hearing date before the eviction date. The hearing will only be given 10 mins if the DJ wants more he will adjourn it and suspend the warrent untill after any adjourned hearing, I have been through this many times so If you want any help about the hearing let me know.Dont give away too much information about what you are going to say remember anything that you put into the court will be sent to the otherside. May I suggest that you write and make an offer it needs to be realistic and what you can afford ,what are your arreas is your mortgage repayment or interest only. If you do that there is a case that if they do not accept and the court agrees with you you do not have to pay all the costs keep in touch

[ananya]

Hya, thanks for the advice.

 

We have made an offer which was rejected, we also asked for capitalisation which was also refused and we asked for a remortgage package, request ignored!

 

I've got copies of everything I've sent and received.

[Bona]

Well done you can put it all together with a witness statment just before the hearing pay what you can before the hearing aswell dont wait.

[ananya]

Should we take everything with us to the hearing? I know that might sound daft but I don't know if the DJ would be interested in all the correspondance.

[rory32]

From CAG's mortgage FAQ's

My mortgage provider is seeking repossession what can I do?

 

Seek legal advice! Where your home is at risk this is beyond the scope of a self help forum, although some pointers to be aware of:

 

A mortgage provider can not evict you without a possession order from the court. If you leave without having received a possession order they need not obtain a possession order and can go straight for a sale order.

 

If they apply to court for possession you can rely on s.36 (2)(b) of the Administration of Justice Act 1970 which allows the court to suspend the possession order for such a term as the court considers reasonable. If the debtor can repay with in the reasonable time no possession order is granted.

 

Under s8 AJA 1973 in exercising the powers under s.36(2)(b) the court only has to consider the sums payable in arrears not any term which may render the full amount repayable.

 

What amounts to a reasonable period will depend on the circumstances of the case and can include the whole remaining term of the mortgage as occurred in Cheltenham & Gloucester v Norgan. This case also stated the factors the court will take into account when deciding what is reasonable:

 

Ability to make payments now and in the future

Likely duration of financial difficulty

Reason for arrears

The period of agreement remaining

 

So basically if you can show you can pay off the arrears over the remaining period the court will not order possession.

[rory32]

Royal Bank of Scotland –v- Elmes April 1998 Legal Action 11, Clerkenwell County Court

Issue – suspended possession order on payments less than current instalments

A district judge suspended a warrant for possession for three months on terms that the defendant pay £250 one month and thereafter £500 per month for two months, thereafter the case would further considered. The defendant had good prospect of obtaining employment within the period. The lender appealed in the basis the court had no power to suspend on terms of payment less than current instalments.

Assistant Recorder Thomas Q.C dismissed the appeal, and held that s.36 of the Administration of Justice Act 1970 enables the court to impose any terms about payment so long as the borrower would, within a reasonable period, be able to clear the arrears and pay the current instalments.

...

[Bona]

We had our possession order suspended a number of times. A few days before the hearing you need to prepare a witness statement and include in it as exhibits all the correspondence take it to the court the day before I will help you if you need the judge will most probally read it before you go in he is there for more conversant with what you are going to say it helps I assure you.