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

[TimeToStandUp]

I think its a joke, and mortgage companies are abusing the court system to make a profit for their "legal" solicitors. I am sure my mortgage company sat in the same office as the so called solicitors.

[MARTIN3030]

They have obv not changed much then

 

http://www.fsa.gov.uk/library/communication/pr/2010/065.shtml

[Rocco17]

they have refused on account of 7 quid?!

 

How much are the arrears in total and how long is left to run on the mortgage?

[Ell-enn]

What did you put in your statement for court ? did you enclose a budget sheet plus proof of the payments made and your hubby's new job?

[ananya]

The arrears are big because of the time hubby was out of work - just over £13,000 and the mortgage has around 17 years left.

 

Ell-enn, we have just sent the response back to the court, the one sent to us, well I did it online. I put in the response that we had made payments and the arrears came about because of hubby's unemployment. Kensington have had proof of hubby's job, I sent them a copy of the letter telling hubby his start date and when his first salary payment was to be made.

 

It's the actual hearing I need help with, I don't know what to take, what to prepare or anything.

 

Caroline59, they've done the same to us, upping the interest rate every now and again.

[Ell-enn]

OK, I can help you with a statement to take to court - have you done a budget sheet ?

[ananya]

Only one that Kensington supplied. Isn't there a template for one somewhere?

 

I'm sorry, we've been through this before but it was a few years back and I can't remember what we did.

[Ell-enn]

Hi, affixed is the budget sheet we use in these cases, let me know when you have completed it.

It calculates automatically as you fill in the figures.

Budget Sheet.xls

[ananya]

Thank you Ell-enn, I'm about to complete it now.

 

Sorry for the delay in replying, my internet has been a little hit and miss.

[ananya]

I've done the budget planner now, it shows we can afford an offer of £150 a month, with a few pounds left over.

[Ell-enn]

OK, I will try and get a statement drafted tonight. Would you be able to take it in to the court either tomorrow or thursday ?

[ananya]

Can we not take it with us when we go? Hubby is at work and I'm disabled you see, unless we post it registered post?

[ananya]

I forgot to add a huge thankyou from both of us, you are a true star x

[Ell-enn]

Yes, you can take it with you Can you ring the court and ask if there will be any duty legal advisers there on Monday (lots of courts now have them there on possession hearing days) - they can accompany you into the hearing and support your case.

[ananya]

Yes, at Birmingham Civil Courts there is a CAB court welfare office (can't you tell we've been there before!) and as long as you get there early, they will come in with you and speak on your behalf.

 

Would the fact I am disabled help us in any way? Also, the fact that Kensington wouldn't agree to anything beforehand, would that be worth mentioning? As we've tried to come to an arrangement and also maintained increased payments for 2 months (next one is due after the hearing), would that also help us?

 

On one hand I'm nervous as we've got such big arrears and no full payments for a long time, but on the other hand, I'm a bit comforted by the fact hubby now has permanent work and we've made 2 full payments, plus extra off the arrears.

 

Actually, when I rang them to pay, both times they seemed a little surprised I was paying them, almost a little reluctant. Maybe it was my imagination

 

Anyway, thanks again, you are such a great help and I don't know what I'd have done over these last few years without CAG.

[Ell-enn]

Hi, can you get proof of the last two payments you have made and also proof of your hubby's new job. If you have any documentary evidence relating to your disability that would be good too.

[ananya]

Yes, I've got together his contract of employment plus the original offer letter, which shows when he got his first salary payment. I can also get either the monthly statement from kensington showing the payments or a bank statement, plus I have my award letter for DLA.

[Ell-enn]

Excellent you have everything you need. In the meantime, take photocopies of your DLA letter and your hubby's contract & offer letteras we will use them to go with the statement Are you on internet banking? if so you can just print out the mortgage payment transaction for the day they were made and we'll use them with the statement too.

[ananya]

Yes, I can print off the transactions, I'd not thought of that!

 

How many copies of everything do I need to make do you think?

[Ell-enn]

You'll need 3 copies of everything, I will get the statement written and let you have it as soon as I can.

[ananya]

Thankyou again.

 

I'm starting to get nervous now!

[Ell-enn]

Hi Ananya, I have drafted the statement - I will keep checking the thread this afternoon so we can finalise what you need for tomorrow.

[ananya]

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

[Ell-enn]

Hi affixed is the statement to take to court - you need to fill in the information where there are XXX's at the top of the statement (the information will be on the eviction warrant) and also where I have put Mr or Mrs XXX in the body of the statement (1st point and also last point) – read it through carefully to make sure all the info is correct When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page. On the Budget sheet, proof of payments, your husband's job contract and your proof of disability - you need to write the claim number on the top left hand corner and the Appendix number on the top right hand corner.

 

Appendix 1 – Job contract

Appendix 2 – proof of payments

Appendix 3 – budget sheet

Appendix 4 – proof of disability

 

Affix these appendices to the statement.

 

This forms the pack to take to court. Make sure each pack is stapled securely together. You will need to take 3 copies of the set to court, one for the judge, one for the other side and one for yourself to refer to in the hearing. You should also take a copy of the N244 you submitted so you have everything you need.

 

If you get to the court early you could ask the usher if they can put your statement in front of the judge before the hearing, if they can't do that then when you get into the hearing, wait for the judge to finish his address and then say " Sir (or Madam) please may I give you an updated statement" then just hand it over, hand a copy to the rep for the other side.

Ananya N244 statement.doc

[ananya]

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!