Being Evicted by Kensington

[br1ghton]

Hello, I hope someone can help. My husband has a mortgage with Kensington and we have been told that they are applying to the court for an eviction date. The original repossession order was made in 2008 but was stopped as we came to an arrangement over the arrears (we did not actually go to the court) they have tried a couple of times since to enforce it (both times we have applied for a suspension via a N244 form) but they agreed an arrangement before the eviction date so we did not have to go to court. We have arrears of £16,000 which is made up of actual missed payments and fees, my husband was off work for a while with sickness and also more recently on reduced hours. I have been trying to negotiate with the mortgage company since August, they requested bank statements and wage slips to which we supplied but they wont budge. I have offered the full monthly mortgage of £488 plus £117 towards the arrears, I offered this in August and made both payments at the end of August, there will be another payment of £488 plus £117 coming out of the bank on Sep 30th. They said they would only stop the eviction if we paid a lump sum, Ive offered them £1000 but they wont accept it. The £117 per month would clear the arrears in the 129 months left on the mortgage is they accept the £1,000. I am now waiting for an eviction date, I have been to the court and started to fill out the N244 form, I'm really worried and dont know the best way of stating our case.My husbands job is now secure and he is back on a proper wage, we also have our 85 year old mother in law living with us.

[tigger72]

I know exactly the stress you are going through, I had an eviction hearing only a couple of months ago against Kensington, they are a nightmare to deal with , from experience and also from what I have read on here, in that they will not accept payment offers and insist on bank statements etc but take no notice of them. I'm sure if you apply for the N244 and have a hearing that the judge will be in your favour, he was in mine as I could pay extra within the term of the mortgage to pay off the arrears. For your reference Kensington have a terrible reputation for charges etc, do a search on here, they were ordered to pay back charges although I still havent heard from them!

 

I'm no expert but wanted to add my experience as I know how stressfull all this is, someone with experience will be along soon to help you.

 

If you have any questions feel free to ask and you are definately in the right place for help and advice, the people on here are fabulous.

 

Tigger x

[br1ghton]

Hi Tigger, thank you for your kind words, I have looked at the site and seen lots of people in similar situations and seeing that they have been sucessfull does lift the spirits slightly!! Just need to be pointed in the right direction with the forms I have to fill in and the best way forward, hopefully I will get some advice soon, have just sent the bank another mortgage payment plus £124.00 on top for the arrears, Im thinking of ringing Kensington again tomorrow to try and stop the eviction but I dont think it will do any good they seem to be changing tack all of a sudden.

[Ell-enn]

Hi there, thanks for your PM directing me to your thread. I will have to come back to you this evening with more details as I'm at work at the moment.

If you have not received an eviction date yet, then it would be a good idea to send them a letter detailing your proposal and enclosing a budget sheet. I have affixed the budget sheet we use to this post. When filling it in remember that the amount you are offering to pay towwards the arrears in addition to the normal monthly payment, is the amount left over when everything else has been accounted for. If you fill in the budget sheet on your PC it will automatically calculate for you.

If you need help with the letter please let me know and I'll draft one for you.

If you can prove to the court you have tried to come to an arrangement with them (show a copy of the letter) and they have not accepted, then it will help your case.

Budget Sheet.xls

[br1ghton]

Hello, they had a budget sheet last week with an offer of payment - the monthly mortgage payment plus money towards the arrears. I also offered them £1000 towards the arrears but they have said they are going for eviction as payment have been returned in the past. They dont seem interested that our situation has improved and we have made August and now septembers mortgage payments with an extra £234 on top towards the arrears. The eviction date should be through in the next few days. I would like help to draft the letter I have completed a budget sheet, im not sure how to attach them from here to show you but at step 3 we have £412 left over to offer £124.00 in step 4 towards the arrears is that right? Thanks for your help so far

[Ell-enn]

If you'd like me to look it over you can email the budget sheet to me at [email protected]. Let me know when you've sent it so I can look out for it.

[br1ghton]

Hi Ell-enn I have emailed a copy of the budget sheet over to you, thank you

[Ell-enn]

Hi there, that looks OK - I've replied to your email with a couple of comments. I'll draft a letter for you and post on here if I can get it done tonight, if not it will be first thing in the morning.

[br1ghton]

Thank you, I have made the suggested adjustment, I will check the thread again tomorrow for the draft letter.

[Ell-enn]

Do you have any statements from Kensington showing the charges they have added to your arrears ? this would be helpful if you have to put in an N244 we can advise the judge that the arrears they are claiming is incorrect as it is not just missed payments (they can only take action for missed payments, not charges).

[br1ghton]

Hello, yes I could probably dig some out, and I know the arrears also include previous solicitors fees and a couple of years ago they sent out a "counsellor" and that was charged for on 2 occasions, they also include £50 monthly arrears fees and returned cheque and direct debit fees

[Ell-enn]

OK, on each of the statements, circle the charges in pen and write the total at the bottom of each page. Add all the totals together - this is the amount you need to deduct from the figure they quote as arrears.

[tigger72]

You have the expert on your case ell-enn so you'll be fine. x

[Ell-enn]

Hi there, draft letter affixed. You will need fill in your address and Kensington's address, also - read through the letter and put the info where there are XXX's (don't forget to remove the xxx's).

When you print it out make sure your printer is set for A4 paper (not Letter size), so it all stays on one page. Take a photocopy of the letter for yourselves before you send it. Send by recorded delivery and keep the receipt safe with the letter so you can check on the royalmail website in a few days to print off the signature receipt - staple this receipt to your copy of the letter - we may need to provide this in court if Kensignton don't play ball.

Brighton letter.doc

[br1ghton]

hello Ell-enn, I will get that posted today, thank you I will keep you updated.

[Ell-enn]

Hi, have you had a reply to your letter ?

[br1ghton]

Hi Ell-enn, no I havent had a reply yet, I havent had the eviction warrant yet either. I rang and spoke to their litigation dept last week and everyone you speak to there are very nice and helpful but unfortunanately its their credit management dept that call the shots. The chap I spoke to said just keep talking to them and send in as much info as possible eg letters from doctors, employers etc. I did post off another letter on Monday with, wage slip, letter from husband employer, a letter from employer showing that I am being promoted soon and a copy prescription showing all his diabetes stuff I also paid another £50.00 to counteract the arrears charge they would of applied to the account. As soon as I hear something I will get back in touch as I will need help with the statement part of the N244, do you think I should contact their solicitors or just leave it till it goes to court? Thank you

[Ell-enn]

Which department did you send the letter to? did you check on the royal mail website to see if it has been signed for ?

[br1ghton]

The original letter was sent to Litigation, that was deliveredon Monday I also faxed it over last Friday, the second letter was faxed over on Monday and also posted on Monday but according to Royal Mail was delivered today, that was posted to credit management.

[Ell-enn]

Ok, that's good you know they've received them. Hopefully you will get a positive response to your offer and they won't issue a warrant.

[br1ghton]

Hopefully... the only thing received so far is a letter dated the 29th of September from Moore Blatch their soliciotrs saying that they were applying for the court for the warrant of eviction. I might ring Kensington later tonight to see what is going on as last time this happened the warrant for eviction was issued about 2 days after their letter.

[br1ghton]

Hi Ell-enn, rang Kensington last night, totally pointless exercise, I think they have recieved the letters that I sent to them but I coud'nt get a straight answer out of the person I spoke to, just going on about the returned payments in the past, totally ignoring the explanations to why and how we areshowing our ongoing commitment of now being back on track with the payments and paying extra towards the arrears, all they kept saying was how do they know that the situation might change again and payments will start being missed. I doubt that I will receive anything in writing from them. Could you start to help me with drawing up a statment so as soon as the eviction warrant comes through I can pop over to the court? Is there any extra information that you need from me? Thank you

[Ell-enn]

Hi there, I will get back to you this evening if that's OK- (I am at work at the moment and likely to be interrupted !)

I can certainly help you draft a statement for the N244.

[br1ghton]

Thats fine, I will check back online tonight. Thanks

[sixofspades]

Kensington like to be tricky when it comes to acknowledging receipt of letters pertaining to legal matters. They won't play fair and it buys them time. They demand their victims follow the law to the letter whilst they themselves dance merrily around it.

 

They pulled the tactic on me but it didn't quite work as they'd already acknowledged receipt of another letter that was received by them at the same time. They decided to claim they'd simply misplaced the letter in question, "finding it" when I pointed all of this out to them (it was a Subject Access Request they managed to delay by two weeks because of this).

 

Your best bet would be to have your proof of delivery on hand when you ring them and then tell them you want an acknowledgement of receipt placed on your account and a response to the letter after that.