Suspended Posession - being evicted 05/05/2010

[HulseAlpha1 1]

Hi Guys

 

Let me start by saying what a great site! I have only used it once or twice but am so impressed with the wealth and quality of the advice provided - I always recomend CAG to friends or family now if they need it!

 

Anyway, here the story

 

2 years ago my mum fell behind payments on her secured loan with Kensington - they applied for a SPO which was granted to them. I am 23 in full time work, my mother was in full time work at the time. She also has a mortgage with GMAC

 

In December last year my mum had to leave work due to a bad hip causing a lot of pain and leaving her unable to walk. Living on JSA ever since, I have kept up the GMAC mortgage repayments and not the Kensington Loan repayments due to affordability. I have made as much contribution as possible to living costs but its been hard times.

 

My mum has been in contact with the Mortgage Rescue scheme who have been unable to buy/rent back the house, and have also been unable to help with other options such as interest free loan etc. Kensington have issued us with an eviction notice on the 05th May at 11am. The arrears are £5,000 (£2,500 of which are charges which I believe Kensington have been fined for so we may be able to claim back??)

 

The mortgage rescue scheme have fought my mums corner, liasing with Kensington and asking them for more time to whcih Kensington Refused (they in fact demanded either the full amount of £5,000 or £700 per month repayment). My mother has also offered a down payment of £2,500 with the next 3 monthly payments being offered to them by the mortgage rescue scheme while she finds somewhere else to live - Kensington Refused this also! We have been to the county court today and applied for a suspension of the eviction, and the hearing is on tuesday at 10.00am. My question is, will Kensington's behaviour be viewed as unreasnoble as they have refused every offer? and is it likely the judge will side with Kensington and allow the eviction or with us and suspend it?

 

In view of their unreasnoble behaviour I believe Kensington are doing a 'run' of people in arrears to recoup their losses from their recent FSA fine or to reposess peoples houses before they can reclaim charges - is the FSA fine worth mentioning to the judge as over half the arrears are charges?

 

Thanks for reading this guys - any help or advice for the hearing will be greatfully received, and knowing who the judge is likely to side with will certainly help me sleep!

 

Many Kind Regards

 

Daniel Hulse

 

Daniel [at] Hulse.org.uk

 

07539307419

[cutzbarbershop 1]

hi how did you get on with judge for suspension of eviction? i am going through same thing and i have a dependant living in the property. did they suspend it?

[HulseAlpha1 1]

they did suspend it! we made a very good offer which Kensington have refused, therfor they were being unreasnoble.

 

The judge has ordered we pay them back £158.00 per month. The judge also agreed that they are doing a "run" to try and reclaim money back from their recent FSA fine by overcharging and reposessing whe I shown her this Kensington fined for overcharging homeowners struggling in arrears - Times Online page

 

GOOD LUCK! Make them the best offer you can and hopefully Kensington will reject it - Judges will always side with those who have actively tried to keep their payments up, or if they are unable to do so, those who have actively tried to remedy the situation - if Kensington refuse a reasnoble offer they will lose! Also having a dependant is a good reason for ajudge to side with you! Have you tried the "Mortgage Rescue Scheme"?

[cutzbarbershop 1]

hi well my eviction date is the 19th now. ive put all my n244 together i even made them a cash offer today for £1200 but wouldnt except it or take payment so im taking cash with me when i get my hearing to show judge we have the cash to pay a lump sum of the £8000 arrears also my budjet sheet shows we can afford the mortgage forthgoing and a £100 on top for the arrears. also have a letter of estate agents to show house is on market and there is £13,000 equity in property.

 

so i am trying everything possible to keep house till sold. only reason for not paying or shud i say not paying what i shud be is because i had no income for over 12 months due to a roof falling in on a buisness premises as i run a barber shop had no custom and it took my landlord over 12 months fix in whixh i had no choice but to re locate in feb this year so hopefully judge will suspend it on the grounds we can now pay and have £1200 to pay off arrears? hope so

[HulseAlpha1 1]

it all smacks of desperation from kensington. I'd contact the mortgage rescue scheme for advice, these guys attended court with my mum and really helped, even offered to help with repayments (Kensington refused a repayment proposal of £3000 for a £5000 arrears, madness!!) And it's not like you have just ignored the problem - make sure you contact a professional or one of the experts on this site as they are excellent at what they do!

 

Keep us posted I'd be interested to hear how Kensington wriggle out of this one!

[cutzbarbershop 1]

hi it is with capston not kensington, my hearing is for monday morning. i sat down last night and worked out my arrears. it said total due to date £47500 total paid to date £40500 total arrears £7000 then it said total charges to date £2500 so i took the charges off the arrears which means my true arraers miss payments are only £4500 so ive put all this in my defence form. fingars crossed