too late ? too many defaults ? eviction 31 jan - kensington mortgages

[Rocco17]

Sorry to hear that it did not work out janif.

 

What did they say about the 12 grand? They may well insist the money comes from you (not your money as such, though they will want to know where you got it from and will want to be sure its not a loan) so it would have to be a case of getting the cash and paying it into their account at the bank.

 

In terms what what Lea says about getting it in writing, that is most desirable but at this stage it may not be practical. If you call them tomorrow and ask I doubt the letter will even be with you in time. Things tend to go extremely slowly, and I doubt they will use email.

 

Obviously the soonest you know you can get the money the better, but if you can you might have to be relying on a lot of telephone calls (to the lender, solicitors and court) to make sure things are being stopped as they promised.

[janif]

hi rocco

 

thanks for posting as even if i can raise 12.5k, i am now very concerned that kensington will be squeezing more money from me and then still go ahead with the eviction. the eviction team are not back in until 8.30 on monday so as you say i will be making a lot of calls.

 

the person who i am dealing with at kensington said after speaking to his line manager, that kensington would suspend for 3 months if the 12.5k was paid and i made the monthly payment due - also on eviction day, tuesday 31 january. they would then review.

 

lea s' post suggested that they could immediately enforce the eviction again even if a payment was accepted although i'm hoping lea advised this not being aware of kensington saying that they would suspend for 3 months.

 

lea/rocco - do you think i could end up evicted even if i pay 12.5k & monthly despite being told that the eviction would be suspended for 3 months ? i don't know how i am going to get this is writing due to the imminent eviction

 

i need more assistance than ever now !!

thanks for any input

[Ell-enn]

You could ask them to email the confirmation to you

[Rocco17]

You could ask them to email the confirmation to you

 

Worth a try but I once asked the same lender if I could email something to them and they said no. It was fax or post. Might be different with communication like that. Or maybe the solicitors could email?

[Ell-enn]

They can fax their instructions to the court to stop the bailiff's attending to evict.

[janif]

i'll try asking for email & fax but you're both saying i need something in writing before any payment ?

 

the contact at evictions dept kensington appeared to be genuine and said pretty much that an offer over 10k 'may' be accepted. after offering 12.5k he came back with a yes and suspension of 3 months. all this was verbal at mid afternoon today. he is back in on monday so i was hoping to pick up with him then. rocco - do you have direct experience of this too ?

 

i hope i can salvage this but if you guys think its a non stater and nothing more than a chance for kensington to get more cash before the eviction, then let me know - i appreciate your opinion.

[janif]

thanks ell - i'm trying to pool as much info as possible on this lump sum issue. at least i know i can validate communication between lender and court. after today, i'm terrified of believing or trusting anyone.

[Lea_HTH]

lea s' post suggested that they could immediately enforce the eviction again even if a payment was accepted although i'm hoping lea advised this not being aware of kensington saying that they would suspend for 3 months.

 

No, I said it on the basis of knowing exactly what happened in court today. Put it this way - you have repeatedly told Kensington (and the courts) that you would pay, and you didn't, therefore it is entirely logical (and to be expected) for Kensington to say 'yes pay and we'll do X' - which is why the actual advice I gave you was to get it in writing before paying.

 

lea/rocco - do you think i could end up evicted even if i pay 12.5k & monthly despite being told that the eviction would be suspended for 3 months ? i don't know how i am going to get this is writing due to the imminent eviction

 

Yes.

 

i need more assistance than ever now !!

thanks for any input

 

There actually doesn't appear to be any further assistance you can be given at this stage. You have a couple of options 1) ask Kensington to put their offer in writing to you and then pay the 12.5 k (if you get it) by Monday afternoon at the latest, or 2) start packing your belongings.

 

I would suggest you do no.2 anyway, given that the eviction is booked for Tuesday.

 

As before, if you are successful with no.1 and Kensington do concede to the eviction being cancelled for three months, then you should ensure you progress the MRS application as soon as you can as your mortgage is clearly unaffordable.

[Lea_HTH]

i hope i can salvage this but if you guys think its a non stater and nothing more than a chance for kensington to get more cash before the eviction, then let me know - i appreciate your opinion.

 

This is the kind of attitude that would stop me offering further assistance.

 

Kensington are sub-prime and as such I dislike their business tactics, but I honestly cannot say that in this particular case they have done anything untoward. They haven't had any cash from you, your arrears are 45k(!), so to imply they were trying to extort 'more' from you is just dishonest. Stop. Take some responsibility for your situation.

 

I have provided you with an abundance of help and guidance, as well as provided you with one of my trained duty advisers in court this morning (at cost to us), so the above is said with full knowledge of the situation as it stands.

 

Accept responsibility and then you will be able to move on and make use of the advice and guidance you have been given. If you do pay the 12.5k without getting the offer in writing and they proceed with the eviction anyway, then you will just have to look at it as having reduced the amount you owe, by a very small percentage.

[Rocco17]

Hi again janif

 

Okay, well firstly I would call tomorrow and ask about getting it in writing. There will be someone there. I've spoken to them on Saturdays myself. Whether it is the right person or not doesn't matter - they can put a note on your account. In fact, it is worth asking if they have already put a note of the accepted proposal on there.

 

I am afraid I don't know much about whether they would still go ahead even if you do pay but in my own experience (with the same lender) they were hard to communicate with early on but once it got to this stage they seemed rather better, and although I was probably even worse than you in terms of panicking and not trusting people, they actually did end up doing exactly what they said they would.

 

As for whether they would just apply for a new warrant immediately, I doubt that too. The 3 month thing is just their policy I believe.

 

In terms of the cash though it is important to find out how to get it to them. Just having people saying they will pay won't work - they will probably insist the money is from you, so at this stage you will probably need to get the actual cash. And quick.

[janif]

Lea - I have a bad history. Before the judgement today, you agreed I had some grounds for consideration. I had one suspension last july. Nothing before that. Today was a bad Day but I have not been in court for multiple eviction hearings. Anyhow, this is my fault not yours.

 

At least you have made me aware of the worst case scenario re lump Sum. I should definetly be preparing for that.

 

 

 

 

No, I said it on the basis of knowing exactly what happened in court today. Put it this way - you have repeatedly told Kensington (and the courts) that you would pay, and you didn't, therefore it is entirely logical (and to be expected) for Kensington to say 'yes pay and we'll do X' - which is why the actual advice I gave you was to get it in writing before paying.

 

 

 

Yes.

 

 

 

There actually doesn't appear to be any further assistance you can be given at this stage. You have a couple of options 1) ask Kensington to put their offer in writing to you and then pay the 12.5 k (if you get it) by Monday afternoon at the latest, or 2) start packing your belongings.

 

I would suggest you do no.2 anyway, given that the eviction is booked for Tuesday.

 

As before, if you are successful with no.1 and Kensington do concede to the eviction being cancelled for three months, then you should ensure you progress the MRS application as soon as you can as your mortgage is clearly unaffordable.

[janif]

Thanks rocco.

 

Sounds v similar to where I am now. I'll definetly call tomorrow, saturday. You're right in what you said. I have made contact with someone in eviction who sounds understanding despite my previous record. I can't clean up the past but if I can salvage the situation, then great. Appreciate your imput rocco.

 

 

ge

Hi again janif

 

Okay, well firstly I would call tomorrow and ask about getting it in writing. There will be someone there. I've spoken to them on Saturdays myself. Whether it is the right person or not doesn't matter - they can put a note on your account. In fact, it is worth asking if they have already put a note of the accepted proposal on there.

 

I am afraid I don't know much about whether they would still go ahead even if you do pay but in my own experience (with the same lender) they were hard to communicate with early on but once it got to this stage they seemed rather better, and although I was probably even worse than you in terms of panicking and not trusting people, they actually did end up doing exactly what they said they would.

 

As for whether they would just apply for a new warrant immediately, I doubt that too. The 3 month thing is just their policy I believe.

 

In terms of the cash though it is important to find out how to get it to them. Just having people saying they will pay won't work - they will probably insist the money is from you, so at this stage you will probably need to get the actual cash. And quick.

[Lea_HTH]

Lea - I have a bad history. Before the judgement today, you agreed I had some grounds for consideration. I had one suspension last july. Nothing before that. Today was a bad Day but I have not been in court for multiple eviction hearings. Anyhow, this is my fault not yours.

 

At least you have made me aware of the worst case scenario re lump Sum. I should definetly be preparing for that.

 

Absolutely, with the facts as you presented them, you ought to have had a chance - but the appeal was heard on the basis of whether the DJ had erred in fact or law, and he hadn't because the facts were not exactly as you had presented them here.

 

I am absolutely aware it is not my fault - it could never be, so not quite sure why you even stated that.

 

With all due respect to Rocco for the help he is trying to offer you - I think you need to be absolutely realistic about this. Even if you come up with 12.5k, your mortgage is not affordable - and part of the reason the appeal was denied was because your I&E had been examined before and you still hadn't paid.

 

One SPO, two stay applications (that means you didn't pay before it got to court and you didn't pay after the SPO, and then you didn't pay after the first stay)- it makes no ultimate difference when the affordability of the mortgage is the true crux of the matter - and it is an issue for you. Which is why I said that the MRS was your only real option if you managed to obtain the 12.5k, because ongoing the court have stated you cannot afford the payments.

 

If Kensington agree to cancel the eviction, all well and good, but without MRS, or some drastic change in your income, it will be game over as you won't be able to afford the CMI (there is plenty of evidence of that) or any amount towards what will still be substantial arrears.

 

This is not about being pessimistic - it is absolute realism based on your actual circumstances.

 

I have said what I can say and there is nothing more to say until you have a letter from Kensington agreeing to cancel the eviction in exchange for the 12.5k - and even then, the only other thing to say is 'MRS application'.

 

Let us know how it goes on Monday.

[Rocco17]

Thanks rocco.

 

Sounds v similar to where I am now. I'll definetly call tomorrow, saturday. You're right in what you said. I have made contact with someone in eviction who sounds understanding despite my previous record. I can't clean up the past but if I can salvage the situation, then great. Appreciate your imput rocco.

 

 

ge

 

As I say, I don't know for sure and I was as worried as you are about what I was told but there comes a point when you have to take a risk really. At this stage there isn't much else they can do other than tell you over the phone.

 

Call tomorrow, ask what notes are on the account, ask if it can be put in writing (or email/fax), tell them you will be getting the money, ask how they want you to pay it and then go ahead and get it if you can.

[janif]

ok rocco. i 'll check if yesterdays (friday) proposal was logged and recorded. you're also correct re any money paid to them. they want proof it is a gift rather than a loan or secured against the property.

 

i putting all efforts into raising the money and confirming the suspension. i'll then have 3 months to work on the MRS which i'm hoping will also progress on monday am.

 

thanks for your support

[Rocco17]

What did they say today? Did you manage to speak to them?

[janif]

the eviction dept back in on monday at 830 - was told to call back then, notes were there to say proposal being discussed.

 

i may be able to get the funds but nothing confirmed yet...

 

will let you know how i get on. thanks

[janif]

with much assistance, i've managed to raise the 12.5k !!

 

now, i need some assistance re suspension of the warrant. i need this from kensington ahead of any payment.

 

how should i approach them with this ? i spoke to one induvidual in their eviction dept and he appeared genuine in his efforts to assist me in trying to keep me in the house. i suppose tomorrow i'll find out how genuine he is. he said i could ask to speak to him so we can pick up on our dialouge on friday.

 

as advised by lea, i will press on with the MRS also .

[Rocco17]

Excellent, well done!

 

Okay, do you physically have the money and if not when will you be getting it? At this stage you may need to actually deposit the cash into their account. See what they say about that though.

 

Call first thing, tell them you have the money they asked for and ask them to confirm that they will cancel the eviction if you pay it. If there is any way they can fax or email something over then even better but there might not be at this time.

[janif]

rocco - glad you're online..

 

ok, i will have the cash from close family/friends tomorrow, before close of banking hours - hopefully mid afternoon if everything works out. however, my genuine concern is the potential for kensington not to provide the proof of suspension if the 12.5k is paid.

 

i have a line of communication with one induvidual (phone call) plus their solicitors (email plus phone call). There must be a way for them to email or fax between them both.

 

i'll focus on the suspension email/fax first. any ideas let me know. I'll update tomorrow during the day.

[janif]

also, at what stage are the court/bailiffs office contacted to cancel the eviction ? how can i confirm ?

[Rocco17]

I would be surprised if Kensington will use email. I have asked them about emailing before and they wouldn't have any of it. The solicitors might do though.

 

Although I would be the same about not paying until I had something in writing it might be a case of taking a risk on it.

 

All they need to do is call the solicitors and call the court to stop the eviction. This can be done right up to the last minute but as I said before you might find yourself doing a lot of phoning around tomorrow making sure things are actually getting done!

[janif]

yes lots of phone calls but i have no issue with that, will get cracking tomorrow am.

 

i may even go to their office in Reading if their eviction/litigation is based there.

 

lets see.

[janif]

did you pay without anything to confirm the suspension ?

[Rocco17]

I have had to do so in the past, but it wasn't with the same lender and was quite a while ago.

 

Whether it is worth going to their office I don't know. The people you speak to on the phone aren't based there.They don't even work for Kensington. Its all outsourced to a company that deals with loads of other companies too.