Kensington First Court Hearing and got 28 day possession order.

[Taz11]

Hi citizenB,

 

Its been a long time, hope you are keeping well. I have had no contact from Kensington whatsoever...just letters from DMS. I'll scan them and post them up so ppl can have a look . I'll take a look at the letter, thank you for the link .

 

Is this to be sent to DMS or Kensington, citizenB

 

Regards and thanks

 

Taz11

[citizenB]

Taz - yes please if you could scan the letters up it would be useful. I think the letter might need to go to Kensington, but copy it to DMS as well

[caro]

While you wait for a response you could find out how much your house was sold for on the zoopla website.

[Ell-enn]

You could send them the affixed letter (by recorded delivery of course)

 

Write on the back of the postal order "fee for Subject Access Request only"

[Taz11]

Hi and thank you for all your input.

 

So sorry I have not been on here, but everything had gone quiet for a while.

I have had other issues to deal with regarding Council Tax .

 

I received a letter from DMS after telling them to get lost and it enclosed and " apparent" breakdown of costs ?.

There are no dates of the valuations, no names of agents..

.......and they are all for the same valuation..

...funnily enough !!! ?.

 

On a side note, we are happy in our rented accommodation,

but still on relatively low income and have been paying the council tax at £50 a month on an arrangement.

 

The reason I have now got to assess the shortfall situation is that the council will no longer accept the £50

and want me to go to CAB to find out about going bankrupt and what the CAB's advice would be on the shortfall.

 

Firstly,

I don't want to enter the bankruptcy procedure as I now run a small business

(which I've started from nothing) with a LLoyds Business Account and bankruptcy would obviously affect this.......

....and I don't want to cough up £700 to go bankrupt.

 

I told the council if I had £700 I'd put it towards the council tax to which I was told.......

.." there are charities that can help you pay for bankruptcy".

 

" Contact CAB and get back to us and we will put a hold on the liability order".

 

In the event of having to go Bankrupt,

I would rather the Mortgage Company force ME to go bankrupt....

..which brings me to my situation;

 

I've read other threads on here that pretty much state,

nothing can be done to obtain the shortfall out of me..

.perhaps you would be so kind as to advise what could/would happen in my situation.

 

1) We were repossessed in October 2012.

2) I am not employed, but self employed so court cannot go for attachment of earnings. (read this on forum, so don't know if true or not)

3)There is no CCJ at present against the shortfall.

4) We have no assets or savings and in rented accommodation.

5) There is no physical way of obtaining the shortfall or even offering payment plan........as I can't even afford council tax at moment.

6)I have not admitted to or acknowledged any shortfall or made any payment.

 

I've read on here there can be various actions the lender/dca can take..

...either writing it off if there are no assets or monies to pay back (If I write a letter explaining this, am I admitting liability?)

or they can go the CCJ route...

.but again, if there is no money they simply can't have it ??.

 

I've read a few threads that say just sit tight.

THEY JUST CAN'T GET MONEY YOU HAVEN'T GOT,

whether it be a shortfall or otherwise.

 

The council obviously want me to go to CAB, but I don't want to open a can of worms with the Lender/DCA if I can sit tight.

 

Would really appreciate any advice you could give me on this situation. I'm no longer a worrier, just want to go about it in the correct way.

 

Do I sit tight and let them make the move ???........

.....or Do I have to raise it all up just for the benefit of the council.

 

 

Much appreciated and thank you Taz11 ( I've attached the costings from DMS. This is exactly how it was sent to me as a photocopy)

[dx100uk]

pers i'd forget the fleecing dca

 

strange for a council to poke going BK.

 

how much do you owe them.

 

I hope aLL your other bills are getting £1PCM or less unless its gas or electric?

 

dx

[Taz11]

Hi,

 

Thanks for the reply.

 

The reason council are asking about BK ( i think ),

is because they have told me, their debt would be wiped aswell if this route was taken.

I think thats why they want me to ask CAB.

 

When we were struggling to pay the mortgage

I went CAB and they advised a payment to Council of £50......which I paid for quite some time.

 

What I didn't realise, was that, you still owe over and above the £50 and becomes a debt.

 

They have added previous years and up to and including until March 2015

and it amounts to 7,000 and

 

they are saying (obviously) that £50 is getting nowhere.

 

All other utilities are under control as we now have payment meters.

 

All other creditors I have kept at bay thanks to the people on here and not paid a penny to credits cards/loans etc... since 2008,

so this year will be 6 years and I am hoping I can go down the statue barred route.

 

Thanks Taz11

[dx100uk]

as far as I am aware

the council should be investigating every other method BEFORE advising BK.

 

no AFAIK their debt does NOT get wiped

they would force house sale

 

dx

 

 

something is not right here.

[Taz11]

Well thats exactly what she told me on the phone..........bankruptcy would also wipe their debt. They can't force house sale, as our home is already repo'ed and we are in rented ?

I can't tell you anything more than what she has told me.............and asked me to do ?

 

thanks Taz11

[dx100uk]

have you ever asked the council for a full list of the liability orders they hold

 

I think you'd be better to start a new thread on this in the CTAX forum.

 

as for the shortfall I pers think you are being had over.

 

have you ever sent Kenny's an sar

 

I bet you've heeps of arrears fees

debt management fees

compulsory insurances>

 

read these below:

Hi

.

Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator

for treating borrowers who were in arrears unfairly.

.

Claim those charges back plus the interest and tell them not to add any more to the account.

.

There are a few news stories here you can get the info for a letter to send to them.

.

http://news.bbc.co.uk/1/hi/business/8615870.stm

.

http://www.telegraph.co.uk/finance/p...y-the-FSA.html

.

http://www.fsa.gov.uk/library/commun...2010/065.shtml

.

http://www.guardian.co.uk/money/2010...mortgages-fine

.

http://www.moneymarketing.co.uk/news-and-analysis/mortgages/fca-orders-kensington-to-change-unfair-mortgage-terms/2005762.article

http://www.mortgageintroducer.com/mortgages/236498/5/Industry_in_depth/Thousands_of_homeowners_set_for_big_mortgage_refunds.htm

[Taz11]

Hi dx,

 

No, have never asked for a full list of liability orders.

 

With regards to being " had over " , do you mean by the failure of necessary info from the lender/dca ?..or charges etc...

 

I'll take a look at the link for the SAR, thanks

 

Also will read your links...thanks.

 

Time for some shut eye now, otherwise this is all going to be spinning in my head tonight...lol

 

Thanks again, nite mate .

 

Will re-post tomoz

[Taz11]

Hi again,

 

Checked a few of the links (some good info) and some are dead.

 

At the moment I'm unsure as to what route the lender/dca will take, given my position of no assets (renting)/no money and no attachment of earnings available.

 

What do you think their course would be ?.

I'd be only too happy to write requesting it be written off due to all of the above.....but would I get very far with that. ??

 

....or sit tight and let them make the move ??

 

Thanks again Taz11 (I'm going to post the CTAX problem on the appropriate forum )

[dx100uk]

per i'd sit tight

 

but get that sar off

 

dx