kensington.

[ole]

hi, hope someone can give me some advise. I have been sent a letter from solicitors on behalf of kensington regarding arrears on our mortgage. i have offered them an extra £100 per month which they have not accepted. what will happen next, and what happens if they take me to court will i loose the house straight away or will the court agree a figure i have to stick with

[Ell-enn]

Hi there, firstly - don't panic. You will get all the help you need on this forum. There is quite a way to go before you should start thinking about losing your home. Only a court can order possession and you are not at that stage yet.

 

Did you make Kensignton your offer of £100 towards arrears in writing?

 

Kind Regards

 

Ell-enn

[ole]

thank you Ell-enn for your reply, i had an advisor sent by kensington who filled in an incomming and outgoing form who advised to offer them £100. i also wrote to them and offered them the same but they have not accepted. the solicitor has givern us 7 days to pay the arrears or they will take us to court.

[Blossomandebony]

Hi, Ole,

 

What is the amount of the arrears and how many months in arrears are you?

 

If the amount of the arrears is relatively low, say 2 to 3 months behind, they should not be threatening court action. However, they most likely will try all sorts in order to force you into paying off more than you can afford each month.

 

BAE

[Ell-enn]

Ok, so Kensington send a "financial advisor" to work out your finances, charge you for the service and then refuse to accept what he recommends that's going to look good in front of a judge !!(if it gets that far)

 

How many months in arrears are you?

 

Did you send your letter recorded delivery and did you keep a copy for yourself?

 

Kind Regards

 

Ell-enn

[ole]

hi i owe £3600, which is four months, they wanted £345 extra each month to pay of arrears which we cannot afford, but i got so scared at loosing the house i agreed to it but i just cannot find the extra money. i did not send the letter recorded delivery. but i did telephone them and they said they did get the letter.

[Ell-enn]

You don't have to find that kind of money if you can't afford it! their advisor suggested £100 and that's what they should get. If it does go to court the judge will order what you can afford.

 

Pay the normal monthly payment plus £100 next time it is due and make sure you get a receipt.

 

We'll take it from there - you won't lose your home for those kind of arrears - I have been involved in helping people in much worse situations that you and they have stayed in their homes:)

 

Kind Regards

 

Ell-enn

[ole]

thank you Ell-enn you have put my mind at ease a bit, should i wright to kensington again and tell them i am paying an extra £100 as advised by their adviser.

[Ell-enn]

Yes, send them a letter recorded delivery, keep a copy of the letter for yourself and check on the royal mail website a few days after posting to check they have signed for it. Print off the receipt from royal mail and keep with your copy of the letter, you may need to prove they got it sometime in the future. If the adviser left you a copy of the budget sheet send a copy with your letter.

 

Try to stay positive, while ever you have an income and can pay an amount towards the arrears each month, you will not lose your home. Pay your normal payment plus the £100 and you may find they will accept that.

 

Keep posting on here to let us know what happens, and read around the mortgages forum - you will see others in similar circumstances who have been OK.

 

Kind Regards

 

Ell-enn

[OLIVE.FAMILY]

Hi there ole,

 

Please dont panic, I went to court for in February as me and Kensington had been fighting about arrears for over a year. In the end they had got all the paperwork and went for all our reposession(dont panic you are not even close to that part yet). We had, had enough of fighting and like you said getting scared and offering them amounts that were completly unaffordable to us. We went to court just before we were due to be evicted and the Judge gave Kensington a telling off and accepted our offer of £100 for £6000 of arrears. That was all thanks to the advice and support from the Guys on here.

 

As long as you can show that you can pay before the mortgage ends you will be fine.

 

We are just about to go again as we have a secured loan anda mortagage with them so they are going for the mortagage this time.

 

Going to court was the best thing we ever done. I felt like a women after.

 

Please dont worry

 

Olives

[ole]

Thank you all for your replys, I will be able to sleep a little better tonight, once again thank you all so much. I am glad i came on this site.

[ole]

hi received a letter today saying they have instructed solicitors to instigate legal proceedinds for the possession of the house they say that a possession order will be granted and an eviction date givern. will the judge grant a repossion order straight away or will he grant a suspended order. i can afford an extra £100 as from june which kensington have not accepted, so sorry if you cannot understand what i am trying to say but i am scared of loosing the house.

[Ell-enn]

Hi there, try not to panic. I would be very surprised if a judge awarded Kensington possession at the first time of asking, especially as you have tried to come to an arrangement with them. Provided you have an income and can afford to pay something towards the arrears each month, you will not lose your home.

 

Best advice is to keep making payments you in the meantime and wait until the court documents arrive. You are still a long way away from eviction, and we will give you all the help you need to defend it.

 

Have a look around the mortgage forum and you will see there have been people in a much worse situation than yours who have kept their homes.

 

Stay positive, we will support you all the way.

 

Kind Regards

 

Ell-enn

[ananya]

Hi ole, like Ell-enn says, we are all here with you to help and support you and believe me, all is far from lost.

 

All the very best of luck.

[OLIVE.FAMILY]

Hi Ole

Please please try not to worry. I have been up against Kensington twice this year for possesion. I won both times and they were for arrears alot higher than yours. The Judges these days are alot more sympathetic than you think.

 

Like El-en said just keep paying your payments and some towards arrears and you will be fine I am sure.

 

Keep the guys on here informed and we will all be there for you every step of the way.

 

Take care

Olivesxx

[ole]

Thank you for all you replys, i feel a little better knowing i can come on this site and get answers to my questions, thank you all so much.

[ole]

Today i have received court papers for a date of 2nd july, for repossion.

i do not know where to start filling them in, or when to send them to the courts and with what paper work do i take to the courts.

Also what is the Norgan case i have read on this forum

Edited June 2, 2008 by ole

[OLIVE.FAMILY]

Hiya ole,

 

Dont worry. It usually quiet this time of day but Ell-en and the gang will be around early evening I should think. They will help you with the paper work.

 

The norgan case from what i recall(i could be wrong) is when a judge agreed that payments for arrears could be spread across the rest of the mortgage term in a particular case.

 

Good luck

 

Olives

[Ell-enn]

Hi Ole, I can help you with the court documents, I should be online tonight (if my new BT hub is working!) if not, then certainly tomorrow. We have plenty of time to put forward a defence for you, so try not to worry too much.

 

The Norgan case allows the judge to consider spreading the arrears over the remaining term of the mortgage if he considers it appropriate.

 

Kind Regards

 

Ell-enn

[ole]

please advise if i have to apply to the courts for a form for a suspended order or do i just fill in the N11M form i have received. kensington telephoned me and said if i agree to pay £170 instead of the £100 the adviser told me to pay they would apply for a suspended order, i told them i would get back to them. any advise on what i should do.

[Ell-enn]

Hi, you fill in the N11M defence form (I can help you with the wording for Q.27). Are you able to pay £170.00 per month or are you more comfortable with £100? If £100 is OK for you then you are better to go to court and get the judge to agree to that.

 

However, if you want to pay £170.00 you can agree that with Kensington, (and get it in writing from them) but don't believe them if they say they are going to cancel the court hearing. You would need to phone the court and check that they have done it. It wouldn't be the first time that lenders have said they will cancel and haven't - they then get judgement by default and you have no control over what the decision is.

 

Kind Regards

 

Ell-enn

[ole]

Hi Ell-enn, thank you for your help.

i still have to go to court on the 2nd July, but kensington said they will apply for a suspended order and not a full repossion if i agree to the £170, we could just manage it, but there adviser said to pay £100. i will need help to fill in the N11m form. i dont want to loose the house but i dont know where to start with the forms and what documents to take to the court.

Husbands wages will cover the mortgage and an extra £170. the arrears where due to loss of overtime and council tax being taken direct out of husbands wages, but as from june wages have increased and council tax is paid.

[40something]

Hi. Just wondered what it says on your N5 form.. does it say 'possession' or 'suspended possession'. Just trying to compare with mine as my lender have said they would apply for suspended but the form doesn't mention the suspended bit, and wondered if they ever did?. Another thing you might have experienced.. did you get an N5 form first then another later with the date of the hearing?, and if so, how long between the 2?... many thanks

[ole]

Hi 40something, on my N5 form it says The claiment is claiming possession of My address. they only agreed to a suspended order after i received the court papers on the telephone. also i got the N5 with the date of the hearing on it.

[Ell-enn]

Hi there, you should only offer to pay what you can comfortably afford - there is no point in stretching yourself only to find that you are struggling later and end up in the same position.

 

If you can hold on till tomorrow I will walk you through filling in the defence forms. My new BT hub hasn't arrived yet so I only have access during the day at work. I will make time tomorrow to help you if that's OK.

 

In the meantime fill in Part 17 - income and expenditure in pencil (or take a copy and use that) so that you get the figures correct to show you can afford £100 per month. Don't underestimate any of your outgoings as they can easily increase in the future.

 

Kind Regards

 

Ell-enn