Mortgage arrears- Kensington. Nervous wreck.

[ananya]

Hi tawnyowl.

 

My advice would be to pay what you can towards the arrears, plus the regular installment, send Kensington a budget breakdown showing this is all you can afford and stick to it. If they do send a counsellor round - which will be someone who knows nothing about you other than basic figures - then go through everything with them too, although Kensington will make a charge for this, added to the capital of the mortgage. I have read somewhere on CAG that you can refuse the visit as it isn't mandatory, but I can't remember where.

 

We did this and had a repossession hearing last year, after we had seen the counsellor and made an offer of £100 per month, which Kensington refused. In court, the district judge was disgusted that they had done this and set a ruling for us to pay only £60 a month on top of the mortgage payment, repossession suspended.

 

In January this year, we had the same situation again, second repossession hearing and Kensington wouldn't negotiate. The arrears had also almost doubled. But thanks to the excellent help I received from CAG and Ell-enn in particular, we had the eviction suspended indefinitely, Kensington weren't very pleased with that either, but could do nothing.

 

If you do go to court with them, your local court may have a CAB welfare office based there and one of the officers will happily come into court with you and speak on your behalf, you just get to the court early on the day of the hearing and have a chat with them before you go in.

 

Kensington will probably send someone who knows very little about your case and will probably be more than a little wet behind the ears. The DJ demolished their legal people both times we've been to court, they don't like to see the bullying tactics some lenders use and if you can prove you can make and maintain payments, this will weigh heavily in your favour.

 

Anyway, keep us posted as to what happens and when you hear from them. If they send a counsellor, no court action should happen until after they've received the report back from them.

 

Good luck and try not to worry, we're here to help.

[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.

[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.

[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

[ananya]

So I guess you've just had your quartely statement from our lovely friends at KMC then too?

[ananya]

You can read minds:eek::lol:

 

I just happen to have had a lovely missive from them along similar lines

[ananya]

Hi again tawnyowl.

 

As long as you can show you can make regular payments plus a reasonable amount towards the arrears, then I'm sure you will get it suspended.

 

We had £6600 arrears and had made no payment for 6 weeks prior to our hearing and the DJ was sympathetic and agreed a suspended repossession order, it was also the second time in 11 months we'd had to do it. The DJ also ordered the first payment to be when hubby got paid, as we had the paperwork with us to prove this.

 

I'm sure you will be fine and will be thinking of you.

[ananya]

Well done Tawnyowl, am glad it went well for you