Eviction Date 4th June - Kensington Leading Me On SUSPENDED

[diverse99]

I am with Kensington and i have arrears of £40K, i have had a suspension by the court once, since then i was unable to make payments.

 

This was due to the fact that I split with my partners and sued them, had a lenghthy court battle, won however my partners went bankrupt they could not pay me which was being used to help reduce my arrears, i then had a state of ill health due to this. The solicitors then made me bankrupt back in June 2009 and i am now coming out of that and have light at the end of the tunnel.

 

However since Feb this year i have been trying to come to arrangement with Kensington. I am now self employed earning good money, and have made offers and they have been turned down.

 

They have asked for this and that, which i have sent and I already had an eviction date set for 4th June.

 

I offered them 300.00 per month on top of my mortgage of 1240.00 they gave me permission to move lodgers in which would bring a further 750 per month in.

 

They have refused saying that they want a lump sum, i have explained I am bankrupt etc and that they are not looking at my needs.

 

How am i supposed to give them a lump sum?

 

I asked what they want in form of lump sum today they told me full arrears.

 

I am going to go court again and ask for a suspension hearing to stop the eviction, to either ask for time to sell the house in 3 months? also say that under fsa rules they are not looking at my case based on what i can afford and that this is one aspect they were recently fined on?

 

or because the have now dragged it on so long to ask for time to move out as i was given false hope on constant sending of documents to them.

 

Last time my case was heard it was in front of a senior district judge and i remember her saying if i come back to court it must go back to her, should i make the court aware

 

Obviously time is of the essence to get form in and get date, also the fact they declined my offer and review kensington on Friday before bank holiday

 

What is advice if any

[Ell-enn]

OK, you need to decide whether you want to keep the house and pay off the arrears over a period of time OR do you want to ask the court for time to sell (and make increased payments while it is on the market) ? either way there is case law we can use to support your case.

 

As soon as you let me know I can draft a statement to go with the N244.

[Ell-enn]

Also, you will need to complete a budget sheet to go with the N244 (I have affixed one to this post). When filling it in, the amount you can afford to pay towards the arrears in addition to the normal monthly payment, is the amount left over after everything else has been accounted for. You will also need some proof of your income as you are self employed.

Budget Sheet.xls

[diverse99]

OK, you need to decide whether you want to keep the house and pay off the arrears over a period of time OR do you want to ask the court for time to sell (and make increased payments while it is on the market) ? either way there is case law we can use to support your case.

 

As soon as you let me know I can draft a statement to go with the N244.

 

 

I do wish to stay in my home, however I have been here, although my prior track record is not good there was mitigating circumstances, and now i am coming to the end of my bankruptcy I will no longer have other debt to pay except my mortgage and I know that i can afford this now and with paying arrears off.

 

My offer to Kensington was to pay £300 per month on top of my payment and after 3 months review, they suggested to me that I keep to these payments for 3 months there is possibility that the rest can be capitalised.

 

Which is great if i can get them to agree.

 

I did note that they were fined recently by the FSA and one of the aspects was as follows:-

 

Read Point 2 of 2.3

 

" 2.3. Kensington breached Principle 6 during the Relevant Period in that it failed to pay due regard to the interests of certain of its customers and treat them fairly. In particular, the following failings were identified in that the Firm:

(1) failed to take reasonable steps to ensure that the mortgage servicing staff acting on its behalf had an adequate understanding of and implemented the requirement to treat customers fairly in handling its mortgage arrears and repossessions activities;

(2) focused on the collection of payment of arrears over a short period of time within fixed mandates, rather than establishing a suitable arrangement to pay based on the customer’s individual circumstances; and

(3) did not have an appropriate cost-based approach to the calculation of certain charges and applied three charges to customers’ accounts that were unfair and/or excessive. "

 

I am bankrupt and they are asking me to make a lump sum payment, and i asked how much they said half or full amount, which in my opinion is not taking into consideration my circumstances?

 

That's like asking an Ethiopian to give you 2 Gallons of Water

 

I do want to stay but also may put it on the market as well as one similar in my block sold very well

[Ell-enn]

Hi there, I'm just starting to draft your statement, but need some info:

 

Is the mortgage in your name only?

Do you have any children?

Have you completed the budget sheet?

Do you have proof of your income?

[diverse99]

Hi there, I'm just starting to draft your statement, but need some info:

 

Is the mortgage in your name only?

Do you have any children?

Have you completed the budget sheet?

Do you have proof of your income?

 

Hi , thanks

 

The Mortgage is in my name

I have no children im single

Yes i have proof

[Ell-enn]

Great. Affixed is the statement for Q10 of the N244 form (suggested format). You will need to enter the information where there are XXX's at the top (the info will be on the eviction notice). When you print it out make sure your printer is set for A4 paper (not Letter size). If you need to add anything to the statement, try to do it so that the text all stays on one page.

 

On the budget sheet you need to write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on any documents you use to prove your income (they will go with the budget sheet).

 

Also affixed is an N244 form, and these are the instructions for completing it:

 

 

1. Your name

2. Tick Defendant

3. Suspension of eviction

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 attached witness statement

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.

 

 

Now assemble as follows:

 

 

N244 - signed

Statement - signed

Budget sheet and proof of income - Appendix 1.

 

 

This forms the pack to take to court tomorrow - you need to take a copy of it all so you have a set to refer to in the hearing. Make sure the pack for court is stapled securely. There will be a fee of £35.00 to pay and you should take the eviction warrant along to show the court counter staff.

 

 

Any questions, just shout.

 

 

Ell

Diverse99 Statement.doc

n244_0400.pdf

[diverse99]

Many thanks for that, I will not add to it , but I will take with the FSA PDF to show that Kensington are not the best

[Ell-enn]

OK, let us know when the hearing is.

[diverse99]

I will change from District to Circuit as the last case was heard by Circuit Judge and her notes say if reffered that should be heard again in front of her or other Circuit Judge.

 

One thinng i did note that when i got my letter from there lawyers saying i have 7 days to respond which was in Feb, that the week before the letter they had changed my home address to the correct address, as I had stated to the judge that i had not got all mail as my mail had gone to the wrong address, this was in 2008 and she ruled that they should change, they only did this 6 weeks ago, should i mention that tehy have only just done this obviously to comply now as we are back at eviction status again.

 

Takes them a whole year to change my address

[Ell-enn]

Yes, certainly mention that - you should start a new bullet point with "I wish to bring to the court's attention that despite the court ordering at the previous hearing in 2008 that the Claimant correct my address to ensure I received all correspondence, this was not done until 6 weeks ago"

(or something along those lines)

[diverse99]

Hi Ellen

 

Really appreciate your help one other thing the Court Case your have cited in the Form, what does that actually mean.

 

Also should i mention about the FSA ruling and that Kensington are doing the same again and not looking at peoples circumstances

[Ell-enn]

Sorry, I forgot to explain the Norgan ruling. This case law allows a judge to consider an order whereby the arrears can be spread over the remaining term of the mortgage (in other words longer than the lender would like ) if necessary.

 

I have affixed a copy of the case. It's for your information only, you don't need to take it to court - the judge will know exactly what the Norgan case is, as it is regularly used in repossession defences.

Cheltenham & Gloucester v Norgan.doc

[diverse99]

Sorry, I forgot to explain the Norgan ruling. This case law allows a judge to consider an order whereby the arrears can be spread over the remaining term of the mortgage (in other words longer than the lender would like ) if necessary.

 

I have affixed a copy of the case. It's for your information only, you don't need to take it to court - the judge will know exactly what the Norgan case is, as it is regularly used in repossession defences.

 

 

Thank you for that, and one last thing..

 

I have added a few things on the bullet points, should i mention that I feel the Kensington is not looking at my case properly as outlined in the recent fine findings by the fsa which i have quoted earlier

 

Your thoughts

[Ell-enn]

You should include anything you think is relevant (and true), but be prepared to be able to substantiate anything anything you are relying on - the judge may question why you think he should consider your points.

[actionnotwords]

Diverse if you have been made bankrupt and are currently bankrupt surely the official receiver,your trustee in bankruptcy will be in charge of your financial affairs and will have placed I think a form J restriction on the property and own any interest you may retain in it.

I believe the current law is that your interest must be realised ie sold by your trustee within 3 years otherwise the interest reverts back to you.

If you have a partner with any interest in the property and the property is in negative equity it is usually the case they can buy your interest from the receiver for a nominal sum usually £1.

[diverse99]

Diverse if you have been made bankrupt and are currently bankrupt surely the official receiver,your trustee in bankruptcy will be in charge of your financial affairs and will have placed I think a form J restriction on the property and own any interest you may retain in it.

I believe the current law is that your interest must be realised ie sold by your trustee within 3 years otherwise the interest reverts back to you.

If you have a partner with any interest in the property and the property is in negative equity it is usually the case they can buy your interest from the reciver for a nominal sum usually £1.

 

That is correct , however how does that help me without sounding stupid, and how do i make the court aware and does this benifit me

[actionnotwords]

Diverse

I believe dependent on the amount you were made bankrupt for the official receiver has strict charge of all your financial affairs for 12 months.

The question you must ask yourself is how much do you owe and you would have to include your arrears in this and how much is your property worth?

Please remember that the receiver will apply any profit you make from the sale of your property to pay off your debts,you will then receive the balance.

Bankruptcy means effectively that ownership of your property has now passed to the official receiver.

All your debts will be wiped out after a year but as I say the calculation needs to be made,how much do you owe other creditors including kensington and the arrears.How much is your property worth?will you come out with a net gain?

Perhaps it would be worth discussing this,first thing this morning with the official receiver,ring them they are not ogres and discuss your situation with them,you need to stay within the bankruptcy laws..

[diverse99]

Diverse

I believe dependent on the amount you were made bankrupt for the official receiver has strict charge of all your financial affairs for 12 months.

The question you must ask yourself is how much do you owe and you would have to include your arrears in this and how much is your property worth?

Please remember that the receiver will apply any profit you make from the sale of your property to pay off your debts,you will then receive the balance.

Bankruptcy means effectively that ownership of your property has now passed to the official receiver.

All your debts will be wiped out after a year but as I say the calculation needs to be made,how much do you owe other creditors including kensington and the arrears.How much is your property worth?will you come out with a net gain?

Perhaps it would be worth discussing this,first thing this morning with the official receiver,ring them they are not ogres and discuss your situation with them,you need to stay within the bankruptcy laws..

 

Hi many thanks for your reply, I am aware that the property currently has no equity in it at the moment, this was at the start of the Bankruptcy, but I will give them a call to see what they have to say

[Ell-enn]

Hi, let us know what they say. You will have to do something today though if your eviction is set for 4th and you are asking for a circuit judge.

[diverse99]

Hi, let us know what they say. You will have to do something today though if your eviction is set for 4th and you are asking for a circuit judge.

 

Hi Ell-enn

 

I am about to head to the Court now and take my forms and fee in, I have already telephoned the Court and explained, and they have checked the previous paper work and I am right, this has to go back in front of a Circuit Judge.

 

Will let you know my date for hearing.

[diverse99]

UPDATE

 

Just been to the County Court to process my Application for Suspension of Eviction has now gone into the Court to be heard before a Circuit Judge.

 

The Court has vacated the eviction date on the 4th June 2010 and put the hearing in for the 7th June 2010 at 10.30am as there is no Circuit Judges in this week

[jaxads]

Hi Diverse - if I were you I would ring the Court Bailiffs, just to make sure the information has got to them that the eviction will not take place on 3rd June.

[diverse99]

Hi Diverse - if I were you I would ring the Court Bailiffs, just to make sure the information has got to them that the eviction will not take place on 3rd June.

 

Hi,

 

Thanks for that

[diverse99]

OK, you need to decide whether you want to keep the house and pay off the arrears over a period of time OR do you want to ask the court for time to sell (and make increased payments while it is on the market) ? either way there is case law we can use to support your case.

 

As soon as you let me know I can draft a statement to go with the N244.

 

 

Hi Ell-Enn and all that gave advice.

 

Today I attended County Court after having the eviction on the 4th June 2010 vacated as I put my Suspension Notice In, the case was heard today in front of a Circuit Judge.

 

The Judge Ruled in my favour, and that the following

 

The Eviction is Suspended Until 6th September 2010

 

I am to make my normal monthly mortgage payments

 

Where Possible Based On My Budget Sheet Pay an Additional 300 for the arrears however this is not part of the order.

 

He will then review the case in September 2010

 

He went to go on an say that the case was very unique in the way Kensington had treated me, and that if he was to grant eviction as I am about to come out of my Bankruptcy would put me back in financial hardship and I am now back on my feet.

 

The lawyers said that he wanted the order to show that if i do not pay as when due that they can seek eviction. The Judged ruled NO, in that he will wait to the 6th September 2010 and judge then. They asked about costs, he also said that he will not award costs until he reviews the case in September 2010

 

So i would like to say thank you to all that advised and especially Ellen thank you