HELP Kensington are evicting us !!

[OLIVE.FAMILY]

Hi guys.

 

I have a post on Kensington and PPI.

 

Basicly in 2006 hubby was off work tried to claim PPI kensington said didnt have it and we fell behinfd big time . Three children two of which have been in and out of hospital during 2007 because of long term illness. Managed to get on top of mortgagae as Kensington said that they can only evict for the arrears on thta. Whilst catching up with that fell behind on the loan also with Kensington. In October they wanted to evict but I had enough. ! week afte I caught up with the mortgage I was composing a letter for loan arears and they served a new eviction.

 

I had found out at this point that I did in fact have PPI. So i decided to complain big time. Saying that if I had claimed this in 2006 i would never have been behind.

 

Anyway managed to stop eviction because I said I was going to FOS after they denied it was thereb fault.

 

In December my son (the only well child we have) was diagnosed with type diabetes whilst he was in hospital the bank wrote and stopped the and said they were stopping the overdraft in a couple of weeks. If they didnt hear from us they will go ahead and do it. We missed that letter. The bank scrapped our £1000 ovedraft we couldntpay mortgage and now Kensington are evicting us next week.

 

We have contacted FOS about our complaint but they have only just written to Kensington to asy they are dealing with it.

 

HELP PLEASE SOMEBODY.

[OLIVE.FAMILY]

I have just spoken to a very nice lady at Shelter. I really didnt relise how much these charities really deal with. I thought they helped the real homeless people who had no where else to go. The lady I spoke to was great and completely understood where I was coming from. I am feeling very humbled by the help

[Ell-enn]

Hi there, firstly don't panic, there are still things we can do and there is still time to get the eviction stopped. What date have you been given for the eviction?

 

What advice did the lady at shelter give you?

 

Kind Regards

 

Ell-enn

[OLIVE.FAMILY]

Hi there

 

Eviction is set for 11.00am Thursady 14th Feb

Lady at shelter was fab. I have explained cirumstances to her about why we are in this position. Basicly three children have all been in hospital due to long term illness, Hubby getting ill and Kensington mis informing us.

 

She is going to draft us a statement on what I have told her and email me today. I spoke to CCCS yesterday and they are supposed to be emailing me my expenditure thing that we went through on the phone last night. Thsi is tellin me how much I can offer. I have also go to expalin my complaint as well.

 

the lady from shelter said that I have about 60% chance of getting this stopped and sorted out. She also said that I was doing the right thing about my compalint and that more people should do this (even though I am now really scared and thinking I anint got a chance of taking these guys on for something like this )

[Ell-enn]

Hi there, did the lady at shelter tell you about submitting an N244 application to the court to get an appointment with the judge to stop the eviction? You will need to fill one in and take it to the court as soon as possible.

 

Let me know if you need me to guide you through the filling in of the form.

 

Kind Regards

 

Ell-enn

[OLIVE.FAMILY]

Yes she did. That is what the statement is for. She is going to word it from everything I have told her and then help me filll in the rest. We are hoping that she can come to court as well.

 

Again all the support from people on this forum and outside has been mind blowing. It certainly gives you strength

 

Thankyou for replying today. When I first posted I hadnt spoken to shelter and didnt quite know how to deal with the eviction.

 

Still worried about this 60% going in my favour.

 

Regards

 

Olives

[ananya]

Hi olive.family

 

Our mortgage is also with Kensington and we had an eviction date set for 22nd January this year. With the help and support of CAG and Ell-enn we submitted an N244 application notice, attending a hearing and had the eviction suspended indefinitely as long as we maintain payments.

 

The solicitor, I use the term loosely as she was only an assistant, from Kensington's side was very uninformed and was left speechless at one point by the judge as she couldn't answer his question.

 

Please try not to worry too much, submit an N244 application form to the county court to get the eviction suspended and also remember that the judges don't want to evict you if you can show that you can make and maintain payments.

 

Good luck

[ananya]

Also, at your courts you might have a CAB welfare office. If you do, the information about it would have come with the eviction order from the courts. On the day of your hearing, get to the courts early and see a CAB advisor who will go in to court and speak to the judge on your behalf.

[OLIVE.FAMILY]

Thankyou ananya.

It is good to hear about people who have been there. How close to the eviction date did you get a hearing. ?

[Ell-enn]

Hi, if you have an income and ability to pay off arrears over a period of time then, in my experience, a judge will not take your home away - especially where there are children with illness to consider. You also have the ppi complaint with the FOS on your side. I'm confident you will get a good result and pleased to hear you are getting the right help from Shelter.

 

Kind Regards

 

Ell-enn

[ananya]

Our eviction date was the 22nd and the hearing was the 17th. I went to the court as soon as I could to file the N244, on the 7th and it just so happened that the first available date was the 17th. We were also first in a line of repossession hearings in that court on that afternoon.

[OLIVE.FAMILY]

Thankyou Ell-enn. I will keep you posted on both eviction and compalint.

 

Apparently I can get them for professional negligence when this eviction is over

[OLIVE.FAMILY]

Our eviction date was the 22nd and the hearing was the 17th. I went to the court as soon as I could to file the N244, on the 7th and it just so happened that the first available date was the 17th. We were also first in a line of repossession hearings in that court on that afternoon.

Good the last thing i want is to be in court on the day of eviction. I want to be here at home to make sure all is o.k

 

Are going to persue Kensington for clearing charges of your account like others are doing.?

[OLIVE.FAMILY]

Kensington have just phoned me to see if I have given in my N244 form and if I have a date. I told them no. As if i would tell them that anyway.

[Ell-enn]

Hmm, they're probably thinking of cancelling the eviction before they have to spend money sending a solicitor to defend it - especially if you have a FOS complaint on the go. However, carry on with filling in the N244 with Shelter's help and submit as soon as possible.

 

Kind Regards

 

Ell-enn

[OLIVE.FAMILY]

Wow wouldnt that be a bonus. Kensington backing down so soon.. I will continue with the N244. If Kensington do stop eviction wll the N244 appearance still go ahead or will that be cancelled with eviction?

[Ell-enn]

Hi, Even if Kensington do tell you they have cancelled the eviction I would go to the court and check for yourself!! don't take their word for it.

 

Submit the N244 as soon as possible and attend on the hearing date unless the COURT tell you otherwise.

 

Stay positive.

 

Kind Regards

 

Ell-enn

[OLIVE.FAMILY]

Will do. I dont trust them. I cant see them cancelling any way. Lets hope they do though.

 

Thankyou

[ananya]

Hya, they phoned me as well before the hearing asking us to make a payment and what was happening.

 

I'm not going to pursue Kensington for anything until we can remortgage and get away from them, I don't want to give them any reason to get any tougher with us

[OLIVE.FAMILY]

Thankyou. I didnt think they would cancel. I certainly can see why you dont want to persue them.

I dont think I have much choice. Good luck with the remortgage.

[ananya]

Good luck to you too and don't let them get you down

 

Are you getting an N244 form in as soon as possible? The fee for us was £35 by the way.

[OLIVE.FAMILY]

I have the N244 which I downloaded from the net. I was wondering about the fee. I will be handing the form in either tomorrow or Monday as the lady from shelter is away tomorrow and the email she sent me wont open. She did say she would come with me though. I have got to be honest I cant wait for this to be over

[ananya]

I know exactly how you feel, be strong and I'm sure you will be fine.

 

Please keep us all posted on how you get on and remember we are all here to help

[OLIVE.FAMILY]

Thankyou ananya. Feeling stronger today and have decided that these guys are not getting my house.

Will let you know when we have our hearing. It will be next week sometime.

 

Once again thankyou for your support it is so nice to know that we are not on our own.(although i wish we was so that nobody else has had to suffer)

[ananya]

Olive.family, you are welcome and all the very best of luck.

 

In our experience, like I said earlier, Kensington will send someone from a local firm of solicitors, probably someone more than just a little wet behind the ears, who has little or no proper knowledge of the whole case.

 

In any case, be strong and don't let them get you down