Mortgage arrears- Kensington. Nervous wreck.

[The GodMother]

no i was actually talking about the koala brothers on cbeebies. Ananya said were help to help and that is there motto.

 

Any way back to the thread

[The GodMother]

When we live with kids I guess;). Are you talking about knocking socks off? Actually the kid who represented the mortgage co against my friends wasn't wearing socks - she had a micro mini i am guess ing this would be a skirt that bearly covered her and i could not get into. and very shiny black tights!!!i hate tights they ladder to easily as they dont do them for normal siaed ppl like me Didn't do anything for me however i hope not to, nor apparently for the judge:eek: the last thing we need is judges siding with the half naked child. maybe she thought she could seduce him into winning as they had no case. Just a thought tho

 

I need something to do

[Tawnyowl]

Have now received letter before action giving me 7 days to clear arrears otherwise possesion proceedings will commence.

They have also sent a income and expenditure analysis.

As i offered 60.00 extra each month which they would not accept they wanted 120.00 extra each month.Does anyone think the court would accept the first offer as 120.00 month is out of reach at the moment.However when you are being threatened wityh repossesion you tend to agree to anything rather than lose your house straight away.

The Solicitors acting for them are Eversheds.

Whatever happens the offer will be secured in court so dont want to offer

unmanageable amount.Kensington will accept 120.00extra but this will be secured in court.

[Goldlady]

Eversheds acted in my friends repossession hearing and sent a young girl from some agency to represent them. I think you should stick to the £60 - as long as you are sure you can afford it. If the lenders are insisting that whatever amount you agree to is secured by the court you might as well go for an amount you can afford. If they try to say that you had originally offered £120 you can simply say that you were scared of losing your home and didn't really work out whether you could afford it or not.

 

Make sure you have an airtight income and expenditure calculation that shows you can pay the £60 without much left over. My friends had made a mistake on the one they had sent the lender in that they had put their gross income instead of net which made them look at lot better off than they were. Once the judge was told of this he was fine with their amended offer.

 

It is not scary - well actually it is;) - but everyone at my friend's hearing was really kind and helpful - even the girl representing Eversheds came round to our way of thinking and we had more or less agreed the payments before we saw the judge.

 

Best of luck..

[Tawnyowl]

Kensington phoned me today.Feel i had to talk to them.Talked about offer of 120 per month off arrears saying i felt this was to high and could possibly afford 60.00 per month.Seemed to understand and said pay what i could by the end of the month and keep paying until the hearing.They cancelled the 120.00 offer.This was made under fear at the thought of losing the house.She said even at the hearing something would be decided-you dont just lose your house.Whatever the offer this would be taken into consideration Judges have more power to decide the fairest way forward-hopefully.Sounds like if i offer the normal rate plus a amount off the arrears payable monthly this would probably be accepted.

[ananya]

Hi again. Kensington will try to secure your repayment under a suspended eviction notice you see, it's exactly what they did to us.

 

Just remember to only offer what you can afford, don't get pressured into offering anything you would struggle to pay. Also, try and prepare all your paperwork before you go, including proof of income, budget statements etc... and I'm sure if you ask Ell-enn, she will help you complete the paperwork.

 

Good luck.

[Ell-enn]

Hi there, I have been reading your thread - please try not to worry too much, I know it's hard but you will get plenty of support on this site. As you will no doubt have seen, you are not alone in this position - there are many others who have had to go through the same situation.

 

Please make sure you stick to your offer of £60.00 towards arrears if that is what you are comfortable with paying. The last thing you should do is offer more than you can afford as this will inevitably result in you getting into difficulties and perhaps missing payments.

 

If they do issue court papers, we can help you to complete them properly and you will find that the judge will take all your circumstances into consideration. It would be very unlikely for Kensington to be granted possession at the first time of asking.

 

Try to stay positive, and keep us informed of what is happening.

 

Kind Regards

 

Ell-enn

[Goldlady]

Sounds as if Kensington have taken a less aggressive stance which is good - you did well to speak to them and get your point across.

 

You really will be fine - but you must go to court - I say this because my friend almost didn't as she was too scared. Get a friend to go with you if it will help.

[Tawnyowl]

When the hearing comes does my wife have to go as she is terrified.I would go myself and represent both of us.Are hearings held in County Court or Magistrates.Would rather take pressure of wife if possible.And thankyou to you all for advice given so far.

[Goldlady]

Hi, only one of you needs to go tawnyowl - my friend's parter was on a course so she went on her own (with me of course). And it is in the County Court not the Magistrates.

[ananya]

It does look better if you both go though, if it's a joint mortgage and it's really not scary at all, you just sit around a table, just you and the other side with the District Judge at the head.

[Tawnyowl]

The best thing that could happen at this time would be for arrears to be put over lifetime of mortgage.After that next best option would be 60.00 extra a month.Due to end of set term in 18 months payments will shoot up anyway.At least i will get some breathing space.Cant believe circumstances have led to this.I will be 83 before mortgage paid off(lol).Have decided to take early retirement when i am 90.Have to go now am just going to shop to buy Lottery tickets-Scratchcards-Football Pools- only way to pay this mortgage off.Must check premium bonds as well.Thanks for all help given so far.Tawnyowl.

[Tawnyowl]

It does look better if you both go though, if it's a joint mortgage and it's really not scary at all, you just sit around a table, just you and the other side with the District Judge at the head.

Sounds OK did not like the idea of being in court with public listening to everything.Bad enough as it is.Sounds a good way of doing things.

[Tawnyowl]

Thanks to everybody who has given advice and support.I did not go into this mortgage thinking i would not be able to pay it for a while due to change in circumstances.Feel a lot better after hearing your experiances in similar circumstances.Will go into court feeling a lot better than i did a few days ago.Thanks a lot.Tawnyowl

[Ell-enn]

Hi Tawnyowl, let us know when you have a court date and we'll help you with filling in the papers. You will be OK, as I said earlier, it would be VERY unusual for a judge to give possession to Kensington at the first time of asking.

 

Stay positive and continue to post, you now have friends here who will support you all the way.

 

Kind Regards

 

Ell-enn

[ananya]

Sounds OK did not like the idea of being in court with public listening to everything.Bad enough as it is.Sounds a good way of doing things.

 

Hi again, it really is not as scary as people think and judging on our experience, the representative for Kensington will probably be some local solicitor or solicitor's assistant who will just have faxed copies of documents sent by Kensington. If you can have a CAB welfare advisor speak for you in court, they might be able to agree terms with Kensington before going into court and the DJ will just rubber stamp it, as such.

 

In any case and like I said before, the judges do not like the bullying tactics used by some mortgage companies and will certainly let them know if he/she thinks you've been maltreated.

 

All the very best of luck and try not to worry, enjoy your Easter

[Tawnyowl]

Am going to start on income and expenditure sheet.Have received arrears breakdown from Kensington.Have noticed administration fees of 900.00 appeared but am going to check that again.Also the monthly arrears fee of 50.00 does that stop once you make arrangement in court.If it does not the offer that is going to be made will never clear the arrears.I am sure someone has wondered about the monthly arrears charge and maybe asked about this in court.Any advice welcome.

[Ell-enn]

Hi Tawnyowl, the arrears charges are added onto the outstanding mortgage, not the arrears, so whatever payments you make towards the arrears reduced them. Make sure your income and expenditure sheet shows that you can only afford £60.00 extra. It's sometimes a good idea to take a copy of the sheet and fill it in in pencil first so you can make any alterations before doing the other one in pen.

 

Also, don't forget to keep a copy for yourself along with the letter accompanying it. Make sure you have the right address to send it to and post by recorded delivery or guaranteed next day delivery. Check the Royal Mail website after a few days to check it has been signed for and then print off a copy of the receipt and keep with the letter, you may need to produce it in court to show you have tried to come to an arrangement (if it goes to court that is).

 

Please try not to worry too much, as I said before, it would be VERY unusual for a judge to give Kensington possession at the first time of asking.

 

Keep us posted on what happens next.

 

Kind Regards

 

Ell-enn

[tonycee]

Hi tawnyowl.

 

Only 4 weeks ago i received all my charges of £ 2,075 back from Birminham Midshires.

 

>>>>>HERE

 

Concentrate on your I & E sheet for now, and ask the DJ to instruct Ken to stop applying charges to your account.

 

If you want to go for your charges back at any time, have a look HERE

 

Shout if you have any questions.

 

Good Luck..

[Tawnyowl]

Have now received possesion hearing date early May.Defence papers came with it.

Certainly brings it home to you when these come through the door.Still wont be able to start paying till next week.Then it will only be 15.00 extra a week which i know Kensington will not accept unless told to by the judge.Bit down at moment.

[Tawnyowl]

Lillymay 1975

Iknow my situation is bad but feel that Lillymay 1975 requires some urgent help her post is called GMAC repossesion got to get out on the 8th april oh my god help.Hope someone can help them.

[sillygirl1]

Despite what Kensington say it "isn;t down to the judge on the day of hearing". It is down to them - they can stop the hearing at any point but don't. Mention this in your defence that you have been trying to negotiate and that Kensington keep saying it has to go to court.

 

You don't mention that you have children, if you have children things are different in the courts eyes....

[Tawnyowl]

Have seven children but only one lives with me now others have flown the nest.Age 13.Owl is begining to feel older.

[sillygirl1]

That is a good point ot put on the forms, that your child will have their education badly interrupted at a difficult age - and that any eviction should be stayed until they finish full time education.

 

You can also ask to have the arrears 'Norgan'ed, ie the payments made smaller over the life of the mortgage and request that any fees be frozen at that point too - ie late payment fees, non payment by dd fees etc.

[Tawnyowl]

Iwill definately ask for arrears to be spread over lifetime of mortgage.I like your other ideas as well .So sorry you lost your house hope you are now settled again.