Kensington want to evict us again !!!

[OLIVE.FAMILY]

Hi all,

 

I had a visitor last night at 7.30pm from an un announced Mortgage councillor calling on behalf of Kensington. They reckoned I hadnt paid last months when in fact I had done it online I just didnt know that I was supposd to phone them 3days later to trace the payment.

 

I was mad as I had sorted this with KMC the day before. The most infurating think was that I had popped out to the shop and I had just got round the corner my hubby reckons when he knocked on the door. My hubby was in bits. He didnt know what to do or say. So he stopped talking when he asked about income and expenditure.

 

Any way my husband decided to photocopy all this mans paper work. I knew that KMC were with other companies over in Skipton but on the bottom of this paperwork there was a whole list of other comapnies named after London Boroughs witha registered address I had never heard of.

 

So i am posting it in case somebody fins it useful.

 

Kensington and Kensington Mortgages are trading names of Kensington Mortgage Company Limited(registered in England No 3049877). Kensington Mortgage Limited(registered in England No2992219), Battersae Park Mortgage Funding Limited(registerd in England No 3530410), Finsbury Park Mortgage Funding Limited(registered in England No 3437350), Green Park Mortagae Funding Limited(registered in England No 3007549), Hyde Park Mortage Funding limited(registered in England No 3007536), Richmond Park Mortagae Funding Limited(registered in England No 3597946) St James Park Mortgage funding limited(registerd in England 3261513) and Wimbledon Park Mortagae Funding Limited(registered in England No 5948846).All these companies have their registered adress at 2 Gresham Street, London EC2V 7QP. Kensington Mortage Company limited is authorised and regulated by the Financial Services authority(firm reference No 310336)

 

I have never seen this address before. I dont know what good it is too anybody but hopefully it helps

 

Olives xx

[OLIVE.FAMILY]

Hi all,

thought this may interest a few of you. My hubby was on the tube when he read the following link in the Metro.

 

What do we all think. I know it is too late for some of us but for the future do we think they will stand by this? Shall we all swamp the FSA and see if they are going to make an example of our MCs !!!

 

‘Cruel’ lenders seizing homes | Metro.co.uk

 

olives xx

[Tawnyowl]

Heartless greedy merciless-sums them up nicely

Wont affect tawny anymore am flying to new roost

thanks for being so friendly to me

hope all you problems work out-your friend tawnyowl

[OLIVE.FAMILY]

Hello,

I will go into more details in a bit but I have a question.

If somebody has a complaint with the Financial Ombudsman that is being looked at as we speak and the compalint is about a mortgage comapny. Can you apply for a Stay if the mortgage comapny is seeking eviction when they already have a suspended possession order. The stay of execution will be on the grounds of new information as a result of the FOS case

 

Olives xx

[OLIVE.FAMILY]

Ok found the answer to that. It is basicly an N244 form. So it looks like I am to start a thread over in reposessions.

 

See you there

 

Olives xx

[OLIVE.FAMILY]

Hello again.

 

As some of you know I have been here twice before this year. Well hear I am again a third time.

 

Kensington want me out again this time not for actually missing payments but for being late.

 

My hubby travels to london to work and has to buy an annual pass. This is a loan from work that gets taken out of his wages each month.

 

He lost this pass. It wasnt stolen it was lost. Anyway, we had a few months left of paying for that one before we could buy a new one so we had to find the money else where. This meant paying the mortgage late each month. It was either that or not going to work. Of course I panicked and Of course I phoned KMC and of course I have no proof of this conversation ever taking place.

 

I have just spoken to shelter and they seem to think that I have no chance as I seem to be showing that my mortgage is not taking prority.

 

Here we go again

 

olives xx

[Ell-enn]

Hi there, I disagree with Shelter! Your husband needs to get to work to earn the money to pay the mortgage for goodness sake! so his travel is a priority too.

 

When you say you are paying your mortgage late what does that mean? i.e. what date is it due and what date have you been paying it? Have you actually missed a month's payment?

 

Can you list the payments you have made since the last court hearing?

 

If it is due on, say, the 1st of the month and you are paying on the 30th of the month then technically you are paying every month but not on the due date.

 

Obviously you need to enter an N244 to suspend the possession and we need to get to work on that.

 

Kind Regards

 

Ell-enn

[OLIVE.FAMILY]

Hi Ell0enn,

That what I said to her and she said that the judge wouldnt see it like that. Thankyou though a bit of positive energy is just what I need at the mo.

 

The payments were due on the last working day of each month. I was paying on or around the 15th which is when hubby was paid. The thing is that i was paying on line. So Silly me thought that when the bank said the payee was being paid straight away, it wasnt. Barclays was being paid then it took barcalys about 4 days to pay KMC. So in a away KMC could say I am behind 1 payment and the rest of the payments are being paid a few days early.

 

I will get back to you tommorow with the list of payments made.

 

olives xx

[Ell-enn]

How does she know how the judge will see it?

 

Never mind, we'll see what can be done. Can you let me know exactly what the last court order said regarding the suspension i.e. suspended so long as payments are made on XXx date of the month, the first payment to reach the claimant by XXX etc etc, then list the dates you have made payments since then.

 

Ell-enn

[OLIVE.FAMILY]

Will do. I will have it all in the morning for you.

 

Olives xx

[Bona]

God these people keep faith olive familly they will not get you out for that reason Im sure

[surfaceagentx20]

I assume this is a mortgage possession claim which resulted in the making of a possession order against you, the enforcement of which was suspended on terms providing for you to make payment of [1] the monthly mortgage repayments and [2] so much a month off the arrears.

 

Evidently, Kensington have issued a warrant for possesion of your home. In making an application for the issue of the warrant Kensington will have certified that at the date of the making of the application you were in breach of the suspension terms and that the whole or part of an instalment remained owing. The court officer presented with the application does not interogate the applicant for the warrant. They treat the certifiate as truthful.

 

From what I can tell, your breach is a minor breach and I am also surpirsed that Shelter were so dismissive. In effect and as I understand things, Kensington are collecting what is owing under the suspension order, but they are receiving payment later than the day on which the payments fall due. I take it when you say they receive it 'late each month' they are receving payment a few days or weeks later; not months later. So in reality when they applied for the warrant there may have been some money owing, but that money was conceivably paid perhaps as little as a few days later. It would be worthwhile for you to check whether on the day the application was made there was in truth the whole or part of an instalment owing.

 

Let's though assume the warrant was properly requested. You have the power to and MUST apply to the court for the warrant to be suspended. The court has power to suspend a warraant under Administration of Justice Act 1970 s36.

 

Section 36 says:

(1) Where the mortgagee under a mortgage of land which consists of or includes a dwelling-house brings an action in which he claims possession of the mortgaged property, not being an action for foreclosure in which a claim for possession of the mortgaged property is also made, the court may exercise any of the powers conferred on it by subsection (2) below if it appears to the court that in the event of its exercising the power the mortgagor is likely to be able within a reasonable period to pay any sums due under the mortgage or to remedy a default consisting of a breach of any other obligation arising under or by virtue of the mortgage.

 

(2) The court—

(a)may adjourn the proceedings, or

(b)on giving judgment, or making an order, for delivery of possession of the mortgaged property, or at any time before the execution of such judgment or order, may—

(i) stay or suspend execution of the judgment or order, or

(ii) postpone the date for delivery of possession,

for such period or periods as the court thinks reasonable.

 

(3) Any such adjournment, stay, suspension or postponement as is referred to in subsection (2) above may be made subject to such conditions with regard to payment by the mortgagor of any sum secured by the mortgage or the remedying of any default as the court thinks fit.

 

(4) The court may from time to time vary or revoke any condition imposed by virtue of this section.

 

You will see that the court's powers to suspend under s36 apply where 'the mortgagor is likely to be able within a reasonable period to pay any sums due under the mortgage..'

 

You haven't told us anything about the equity available in your home, but that may not matter so much. In my opinion, a District Judge will happily find that a mortgagor who is regularly each month paying the sums due under a suspension order albeit late, is a person who is 'able to pay within a reasonable time'. The District Judge will almost certainly weigh up the disadvantages to you and your familiy of being dispossessed of your home and the burden placed on your local housing authority to find you emergency accommodation were you made homeless if the warrant was allowed to proceed, against the disadvantage to Kensington of not being paid on the nail. District Judges are, I understand, as a matter of policy, directed to 'wear a social hat' in situations of this kind. In my view, assuming I have corectly understood the situation, a DJ with his hat on and applying section 36 will have no hesitation in suspending the warant.

 

For these reasons, again assuming I have correctly understood the situation, I would be inclined to write to Kensington's lawyers setting out the true account situation, the powers of the court under section 36 and the disadvantages and hardship which would follow enforcement. I would also invite them to agree to withdraw the warrant, adding that should they decline to consent and ultimately the court should allow your application to suspend, that you will ask the court to direct [1] Kensington pay your application fee and [2] the disallowance of their costs associated with the issue of the warrant and the hearing (which they would otherwise just add on to your mortgage account under the costs indemnity powers which almost certainly apply to your mortgage). You should get this letter off ASAP because you will want to get your application to suspend into court in good time prior to the date fixed for the eviction.

 

If I have misunderstood you'd better correct me. Otherwise, good luck.

[OLIVE.FAMILY]

WOW surfaceagentx20 you kinda know your stuff. Maybe interesting to get to know you a bit more. That all sounds evry clever. You are I think pretty much acurate. The only thing that bothers me is that I was last in court with this in April.

 

Having said that I will send a letter to the solicitors. Do you think you could possibly dratf me one and post it for me. Not that good with big powerful words of the legal kind.

 

Thanks

Olives xx

 

Bona thankyou as well. I have kept this a bit hush for about a week and was starting to feel negative. Pleased I brought it out in the open.

 

Olives xx

[surfaceagentx20]

How about this?

 

To: the solicitors

Their reference:

 

Dear Sir,

Re: Kensington v (Your name)

 

I was alarmed to receive a notice from (name) County Court that you have caused the issue of a warrant for possession of my home and that I am to be evicted on 2 September 2008.

 

As my account records will demonstrate, each payment which has fallen due since the order made in April has been made in full, albeit two to three weeks later than directed. The delay in payment arises because Mr (your husband) receives his salary on the 15th day of each calendar month. As such, the payments due 30 April, 31 May, 30 June have all been paid and the instalment due 31 July will be paid in this way in a few days time.

 

I am astonished in light of my payment history, that your client issued instructions to take the drastic step of evicting me. In the circumstances I am inviting you to confirm to me and to give notice to the court that you have withdrawn the warrant. I will expect you to have notified me in writing that you have done this by not later than (say 26 August 2008).

 

You should take notice that if I have not received confirmation by (date as above) I will immediately make application to the court for an order that the warrant be suspended by which I will invite the court to exercise its powers under Administration of Justice Act 1970 section 36. I have every confidence the court will find that my payment record to date demonstrates an ability to meet the monthly instalments within a reasonable time and that weighing up the serious disadvantages which would flow from being made homeless and the resulting burden which would be placed on my hard pressed local housing authority, against the disadvantage to your client of receiving payment a little later in the month, that justice favours suspending or discharging the warrant you issued.

 

**

 

If I am compelled to make such an application and the result is as I expect, I will also invite the court to direct your client to pay the costs associated with my application by [1] reimbursing my court fee and [2] disallowing the costs of the application for the warrant and of your attendance at the hearing of my application to be added to my mortgage account, and in doing so will produce a copy of this letter to assist the court in reaching a decision.

 

I look forward to hearing from you as quickly as possible.

 

yours faithfully

 

One other thought: If you have children aged under 18 years living with you, say so where I have asterisked in the body of the letter. Identify them as schoolboy/schoolgirl etc and by their age(s) only. In addition to the above the court will take into account the welfare of children, particularly so if, as would be likely in early September, they will be commencing a new academic year at school.

 

I'll leave you to fill in the blanks and put the letter in the postbox.

 

Hope this covers your requirements

 

X20

[Ell-enn]

Don't forget to send by special delivery so you can prove they got the letter, then lets just hope they reply in the next week or so.

 

Ell

[OLIVE.FAMILY]

Well done. I am impressed. Thankyou for doing that so quickly. Shall I send one tp Kensington as well or just leave it to the solicitor to pass it on.

 

Olives xx

[OLIVE.FAMILY]

Yes I will add the children as I have three children. One is about to start juniors or KS2 as it is known and one is about to start secondary school. This is huge for him as he was diagnosed with Type 1 diabetes at christmas and we are just about to change his insulin regime which means he will have to inject at school. All three are on Disabilty Living Allowance as well. This helped me last time

 

Olives xx

[OLIVE.FAMILY]

Sorry just thought of something else. I havent actually had anything from the court. It was the solicitor that told me when the date was and this was last week. Usually the Bailiff hand delivers me the letter first.

 

Olives xx

[OLIVE.FAMILY]

Bailiff has been, now have notice from the court. Thats good as I now have case number. I am going to have a bash at wording this letter to bring the kids into it.

 

Olives xx

[OLIVE.FAMILY]

How does this sound. Please feel free to adjust accordingly Kidsare hanging around at the mo so cant quite think clearly

 

 

The court will also note that the disrubtion will detremental to my threee children. My eldest starting secondary school education in September as well as having to try different insulin methods to try and control his recently diagnosed Type 1 Diabetes. My 7 year old daughter starting her junior education as well as endeavoring to to become independent with the treatment of her severe Atopic Eczema and finally my youngest daughter at the age of 6 also having to gain some level of independence with her Atopic Eczema that is affected with her allergies. As well both my daughters are taking mediaction that supresses their immune system.

 

 

Thanks

olives xx

Edited August 13, 2008 by OLIVE.FAMILY
added a bit

[OLIVE.FAMILY]

After careful consideration I felt that the letter was a bit too demanding and I feel a little uneasy about presenting something like that too a judge I really dont feel that they will take any notice of this letter but I am still going to send it as it shows that I have tried to sort this out and Kensington are not willing to budge. I appreciate the time that you put into this letter surfaceagentx20 but I really dont want to rock the boat too much at this point. All can say at this point is that I do have my reasons for this.

So what do you all think of this one. ALL opinions gratefully received. I have used surfaceagentx20 letter as a template and worked around it.

Olives xx

 

Dear Sir,

Re: Kensington v Olives

 

I was alarmed to receive a notice from Colchester County Court that you have caused the issue of a warrant for possession of my home and that I am to be evicted on 2 September 2008.

I am astonished in light of my payment history, that your client issued instructions to take the drastic step of evicting me. In the circumstances I am inviting you to work with us in the clearing of these arrears. I had previously explained to Kensington Mortgages the reasons as to why our payments will be late. The reason is due to my Husband losing his annual season train ticket which meant we had to pay for this monthly and weekly. This was only a temporary measure until my husband was able to apply for a new ticket with assistance from his employer. So that the mortgage payments did not confused with this we opted to pay out of Mr Olives wages which falls on the 15th or the next working day or each month.

If Kensington Mortgages and yourselves are not willing to assist me then I will make application to the court for an order that the warrant be suspended by which I will invite the court to exercise its powers under Administration of Justice Act 1970 section 36.

I have every confidence the court will find that my payment record to date demonstrates an ability to meet the monthly instalments within a reasonable time. Also The court will also note that the disruption will be detrimental to my three children. My eldest starting secondary school education in September as well as having to try different insulin methods to try and control his recently diagnosed Type 1 Diabetes. My 7 year old daughter starting her junior education as well as endeavouring to become independent with the treatment of her severe Atopic Eczema and finally my youngest daughter at the age of 6 also having to gain some level of independence with her Atopic Eczema that is affected with her allergies. As well both my daughters are taking medication that suppresses their immune system.

Also weighing up the serious disadvantages which would flow from being made homeless and the resulting burden which would be placed on my hard pressed local housing authority, against the disadvantage to your client of receiving payment a little later in the month. Along with the Council Of Mortage Lenders guidelines about reposessing properties unnecessarily.

 

I look forward to hearing from you as quickly as possible.

 

yours faithfully

Edited August 13, 2008 by OLIVE.FAMILY
weird things happened

[Ell-enn]

After careful consideration I felt that the letter was a bit too demanding and I feel a little uneasy about presenting something like that too a judge I really dont feel that they will take any notice of this letter but I am still going to send it as it shows that I have tried to sort this out and Kensington are not willing to budge. I appreciate the time that you put into this letter surfaceagentx20 but I really dont want to rock the boat too much at this point. All can say at this point is that I do have my reasons for this.

So what do you all think of this one. ALL opinions gratefully received. I have used surfaceagentx20 letter as a template and worked around it.

Olives xx

 

Dear Sir,

Re: Kensington v Olives

 

I was alarmed to receive a notice from Colchester County Court that you have caused the issue of a warrant for possession of my home and that I am to be evicted on 2 September 2008.

I am astonished in light of my payment history, that your client issued instructions to take the drastic step of evicting me. In the circumstances I am inviting you to work with us in the clearing of these arrears. I had previously explained to Kensington Mortgages the reasons as to why our payments will be late. The reason is due to my Husband losing his annual season train ticket which meant we had to pay for this monthly and weekly. This was only a temporary measure until my husband was able to apply for a new ticket with assistance from his employer. So that the mortgage payments did not become confused with this we opted to pay out of Mr Olive's wages which fall on the 15th or the next working day or each month.

If Kensington Mortgages and yourselves are not willing to assist me then I will make application to the court for an order that the warrant be suspended where I will invite the court to exercise its powers under Administration of Justice Act 1970 section 36.

I have every confidence the court will find that my payment record to date demonstrates an ability to meet the monthly instalments within a reasonable time. Also, the court will note that any disruption caused by eviction will be detrimental to my three children. My eldest is starting secondary school education in September and is having to test different insulin methods to try and control his recently diagnosed Type 1 Diabetes. My 7 year old daughter starting her junior education as well as endeavouring to become independent with the treatment of her severe Atopic Eczema and finally my youngest daughter at the age of 6 also having to gain some level of independence with her Atopic Eczema that is affected with her allergies. Also, both my daughters are taking medication that suppresses their immune system.

Therefore, weighing up the serious disadvantages which would flow from being made homeless and the resulting burden which would be placed on my hard pressed local housing authority, against the disadvantage to your client of receiving payment a little later in the month, I would ask you to consider the Council Of Mortage Lenders' guidelines regarding reposessing properties unnecessarily.

 

I look forward to hearing from you as quickly as possible.

 

yours faithfully

 

Hi there, looks fine - just made a couple of little amendments, hope you don't mind.

[surfaceagentx20]

I understand your trepidation. Litigation is horrible. However, I encourage you to be bold and to stand up to them. Summon up the strength!

 

There is a time and a place for the softly softly approach, say where the parties are in mediation, but where you're faced with an opponent taking steps to evict you and your family from your home, no way was that ever one of them. You've got to get the gloves off and it is vital that you employ every weapon at your disposal. Remember, these are the people who will happily wipe their feet on you as they change the lock to your front door. Do not allow them to treat you like a doormat.

 

Good luck,

 

X20

[OLIVE.FAMILY]

Dont worry they wont use me as a door mat. Yes the solicitors need to be told bu at the same time I can not see the Judge accepting me telling others what he thinks or should be thinking. I could be wrong but i dont think I would be happy about it. If I thought that the solicitor would accept this and take action then I would send it but I have been here several times before and I know how they act.

 

again thankyou so very much.

 

Ell-enn thankyou for the changes they are great. Summer holidays are frying my brain cells especially with this weather I have computer, tvs and bickering all at once and I only have three of the little darlings xx

 

Olives xx

[surfaceagentx20]

OK this was always your call but do try to include the points I raised when you address the Judge on your application to suspend.

 

The letter I drew up was not a statement of and I would not presume to know the views held by the Judge obviously. The letter does however comprise my views (expressed as your views) about the way the Judge ought to view the situation.

 

There is nothing wrong in respectfully setting out what views a Judge ought to hold on a subject. Indeed, Judges positively encourage discourse on the subject the better to straghten things out in their minds. These things are called 'submissions' and Judges are listening to them and being infliuenced by them every day in every court up and down the land.

 

Once again, good luck

 

X20