Kensington want to evict us again !!!

[OLIVE.FAMILY]

Hi all

Just to update, I have sent the letter recorded on Friday so they should have it today. Lets see what happens shall we !!!

 

olives x

[OLIVE.FAMILY]

Hi all,

I have been reading through the posts on here to see if there was anything more I could learn(like we do)or anything i can help with.

 

I notice that people have asked for the term of the mortgage to be extended or any arrears to be capitilised. As you all know I have a mortgage and a secured loan with Kensington. I know that they will not change anything on the mortgage at the mo as the are trying to get rid of me but I was thinking about the secured loan.

 

I have just phoned them up,i know i wasnt supposed to do that but I wanted answers before I write to them. I asked if I could extend the term. They said they do not offer that. I asked if I could capitilise the arrears they said that is something that they have to offer and not something I can request. I said "althouh at the mo I can manage the payments with the current proplems of eveything going uop is there anyhting that you can offer that will help to ease the possibity of financial problems that could arise". They said NO.

 

Now if i got this in writing because my next move is to write to them and request this and then produce this to the judge will it make KMC look like that they are not at at all willing to help me, or are they right in saying this.

 

I have been making payments on time since February for the loan.

 

 

Olives xx

[OLIVE.FAMILY]

Ok my letter writing seems to be pretty bad at the mo because my head isnt quite the same since the kids have been off. As I am writing this they are trying to talk to me.

 

I have drafted this to go with the above post. What do you think. Is it worded right. Should i add anyhthing to it.

 

 

Dear Kensington Mortgages,

I am writing with regards to the above account. As you are aware I have now been paying this account all that is due and arrears since February. Therefore I would like to request if the term of the loan could be extended to 25 years. Either that would it be at all possible to capitalise the arrears and add the remaining to the mortgage. Also is there any possibility to be able to change to interest only for a few years.. We are aware that the balance will need to be cleared by the end of the term of the loan.

I am requesting this to help me to be able to offer more money to pay more towards the arrears on the mortgage. Therefore it would be very much appreciated if you reply as soon as possible so that I can make a new offer of payment to yourselves for the mortgage.

Kind Regards

Olives xx

[Ell-enn]

Hi there, in principle you have covered the points you wish to make, but I can have a better look when I get home this evening if you can wait a bit:)

 

Ell-enn

[OLIVE.FAMILY]

Yes that would be great. Thankyou xx

[cat100]

Hi Olive Family,

Keep up the fight and thanks for cheering me up the other day.I realise what a great support and advice network this is, wish I had come across it sooner.

cat100

[OLIVE.FAMILY]

Thanks cat100

Goodluck to you as well.As far as finding this site ia concerned its better late than never:)

 

olives xx

[surfaceagentx20]

Olives, sorry to pour cold water on this, but I wouldn't waste your time with requests of the kind you are proposing. You are asking Kensington to make life easier for you. Kensington's agenda runs in precisely the opposite direction. It is quite evident to me that nothing short of strict compliance with the court order will satisfy them. They issued a warrant to evict you at a time when you were just a few weeks late with one instalment!

 

Now that Kensington have your letter, let's see how they reply (if at all).

 

Meantime, there are two important steps to be taken between now and 2 September.

 

[1] you must pay the July instalment which you ordinarily pay about now, and

 

[2] More important than any letter, not later than Tuesday next week, if Kensington have not pulled their warrant you must lodge an application at court to suspend eviction fixed for 2 September.

 

If you need help with an application notice, just yell here.

 

x20

[Ell-enn]

Hi, how about this:

 

Dear Sirs,

 

Re Account No: XXXX

 

Further to our recent telephone conversation with your customer service department (?) I am writing to clarify the points discussed in more detail viz:

 

As we have been making payments towards the arrears on this account (including the normal monthly payments) for the last 6 months without interruption, we request that you consider the following options in order to make our financial outlay more manageable.

 

• Extend the term of the loan to 25 years
  
• Capitalise the arrears
  
• Change to an interest only loan
  

Implementation of any of the above would enable us to make increased payments towards our mortgage account with yourselves (account no XX).

 

I have no doubt that you are aware of the Civil Justice Council Consultation Paper - Mortgage Arrears Protocol where lenders are required to assist, in any way possible, customers who are experiencing financial difficulty and to consider alternative payment proposals which would alleviate the difficulties.

 

I would be grateful if you could let us have your decision as soon as possible in order for us to alter our budget accordingly.

 

YF

 

Olives

[OLIVE.FAMILY]

Thanx for the letter Ell.

 

X20. I know that they are going to completly laugh at this. That is the point. I am going to show the judge how unhelpful they are being. I cant sit there and tell him so I will show him. That is the hole point of both the letters. I will be applying for a hearing next week. This is the third time I have been there this year. Once in Feb once in April and now. I cant help feeling that it could be third time lucky for KMC. I mean it dont look good does it. Therefore I have to do all I can to show that I am trying. I have made Julys payment and hopefully the FOS hurry up with my PPI claim and I will have some moreto go towards it. That aint going to happen in two weeks though.

 

Thankyou so much though for the help x20. It is very much apreciated.

 

olives xx

[OLIVE.FAMILY]

UPDATE

 

FOS have asigned an adjudicator to my PPI case. Reckons that will take several weeks as loans .co.uk are quite slow at this sort of think. Looks like i wont be able to use the money before court Bummer

 

olives xx

[OLIVE.FAMILY]

AHHHHHHHHHHHHHHHHH,

Getting myself into a bit of a panic now. Feeling really sick.

 

Cant find the judges decision on last order. Was last in court on 13th May for this. I should have made payment on the 31st May but idnt until 17th June. July 15th was next payment and then made next payment on 18th August. Have not heard anything from Solicitors so looks like as it is B/H this wekend am going to hand in N244 on Tuesday. Can you help please Ell-enn you know what I am lke with words

I am not about tommorow all day though

Thankyou

 

olivesxx

[OLIVE.FAMILY]

Just had anouther thought. As it is school hols Hubby wont be able to come with me as my son is going to start his new insulin routine next week. As we need to calculate what he is eating each mealtime as he will be now injecting each meal time and we need to monitor him. OH god panic setting in now I dont think I can cope with this anymore.

 

olives xx

[Ell-enn]

Hi there, just refresh my memory - why have they issued an eviction order?

 

You know I'll help you with the N244 no problem - I'll make a start on the text. We can finalise over the weekend ready for you to take on Tuesday.

 

Ellx

[OLIVE.FAMILY]

Hi Ell-enn

 

Because I have been paying two weeks late each month as my other half (bless him) lost his train pass so we had to use mortgage money to pay his travel for a couple of months. So that we didint miss paying mortgage altogether we started paying late by two weeks. I did phone KMC and explain this and they were ok. I was only paying late until October at the very latest as I was going to pay extra in September and then August so that it would work that I was paying early in the end.

 

I was even thinking about increasing the payments which is why I was asking if they could change the loan arrears and add them onto the mortgage. I hadnt made an offer on that one yet but I just want shot of these.

 

I can nt believe the solicitors havent even replied to the letters in the previous post. It dont take that long to write the words "you must be joking Olives "

 

Thanks for the help again

 

Olives xx

[OLIVE.FAMILY]

My post comes late morning on Tuesday. Shall I give solicitor one last chance before I had in N244 as I want to get it done really??? Still kinda annoyed they havent even replied.

 

olives xx

[Ell-enn]

Hi there, highly unlikely they'll reply Olive:( just print off the signed for receipt from the royal mail website and put it with the copy of your letter with the N244, at least you can show you've tried and they've ignored you.

 

Are you OK with the text for Q10 of the N244 or do you need any help? I'm away from lunchtime tomorrow until tuesday afternoon.

 

Ellx

[OLIVE.FAMILY]

If you can help ell that would be great.

I dont think anybody can word these quite like you

Olives xx

[Ell-enn]

Can you be on line in the morning?

 

Ellx

[OLIVE.FAMILY]

Sure, What time

 

xxx

[Ell-enn]

10 ish ?

[OLIVE.FAMILY]

That will be great. Thanx again Ell-enn i really do appreciate it.

 

xx

[Ell-enn]

No problem, happy to help

 

Ellx

[OLIVE.FAMILY]

Good morning Ell-enn. Sorry I am a bit late. Ready when you are

xxx

[Ell-enn]

Hi there, affixed is the statement for Part 10 of the N244. You need to insert your names etc and list the dates of payments. On the copy letters you sent to Kensignton write the claim number and Appendix 1 on the top.

 

I think the structure of the N244 may have changed since you last filled one in, below are the instructions for completing the new format:

 

1. Your names

2. Tick Defendant

3. Suspension of eviction order – payment proposal offered.

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for Evidence Set Out Below - write in the box "please see affixed sheet"

Cross out all options except I Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

Any other questions, just shout

 

Kind Regards

 

Ell-enn

Olive Family N244 August 08.doc