Urgent help and advice required eviction tommorow 12pm kensington mortgages

[jimmyq]

Hi

 

I have a mortgage with kensington i fell behind with the mortgage due to non paying tenants etc etc

last october kensington sent me an eviction notice to which i paid part of the arrears and made an arrangement with them to pay the rest off

then i fell behind with the mortgage again and could'nt stick to the previous arrangement anyhow ive got an eviction notice for tommorow the 14th of march 12.00pm

 

i have been phoning kensington for the past two weeks first off (customer service) told me to pay the full arrears and gave me their account details etc. then i tried to make an arrangement to pay part of the arrears and pay the rest off in a few installments. Iwas told that this should be ok they wanted my income and expenses to which i gave them they also wanted the tenancy agreement.

 

upon giving them all the information asked for i was then put through to a person who said she is the evictions consultant and literally interogated me on the phone her tone was not right and was very unhelpful she told me they cannot do an arrangement with me and i had to pay the full arrears £3200!

 

i asked her if i could speak to someone senior but she siad shes the highest it gets would not give me the managers details etc etc

 

Anyhow i told her i will pay the arrears in full by getting the money off a family member(uncle). to which she replied inorder for me to do this i will need to prove the source from where the money is coming from ie a letter saying i have been gifted the money and my uncle gifting the money has no financial interest in my property.

 

After doing this i faxed and emailed it over 5 times to which they denied recieving it! i phoned them up again she told me they havent recieved anything i asked her politely saying please hold the line ill quickly sent it again as it takes 20 minutes getting through the same women said we are busy dont have time to hold and disconnected the phone!!!

 

eventually on friday morning they said they have recieved it and will get back to me after ringing them several times Again i got through to the evictions team (once i was even told i cant talk to them until eviction has taken place)

 

i then complained about the lady who was dealing with it and spoke to the manager and requested for someone else to deal with me anyhow they put me through to another consultant who said the letter from my uncle is not good enough they want proof to see where he is getting the money from before i can pay them, to which i told them im not sure he has some savings and has recently been paid from an insurance company or something (really it has nothing to do with them!!)

 

anyhow i sent them his bank statement yesterday showing he had funds in his account after phoning a few times again to see if they have recieved it i got no answer from the evictions team and was told ill get a call back

 

i was called yesterday morning saying they have recieved the statement and it was ok for me to put the money in thier account. i put the money into their account and cleared the full arrears with an extra £40 this was yesterday morning. i phoned in the evening an was told the systems are slow nothing was showing as yet. now 5pm yesterday

 

i rang them this morning asking to speak to the evictions team the customer service chap told me their line is busy and will call me back a few hours went by i phoned again was told the same thing again i asked if my money was showing the chap replied yes he can see the funds but will get the evictions team to ring me

 

Iget a phone call at 4pm today saying the statements i provided show no money being withdrawn from my uncles account as the statement was dated up until 26th feb

 

they said if he gave me the money yesterday i need to show them he withdrew it yesterday!! i told them he had the cash at home and paid i dont know when he withdrew it from his account but they are now saying the eviction is still in place until i dont show them this proff the eviction will still take place at 12pm tommorow ????????

 

i thought if there is no arrears there is no eviction they have the full money in their account can they actually do this???

 

i also asked my uncle whos saying he had leant the money to his friend and transferred it into his account he then took it back off him and gave me it!!

 

how do i go about this can they take this house off me tommorow even if there is no arrears i also told them i will pay them a direct debit for all future payments but they are such [EDIT - PLEASE REFRAIN FROM PERSONAL ABUSE]s wont help at all gave me nothing but stress! and now even more!!

 

please someone help or adive me here

Edited March 13, 2012 by honeybee13
Editing out problem word, just in case.

[ims21]

Thread moved to Home Repossessions

[Lea_HTH]

First thing tomorrow morning go to the court and make a stay application on form N244. You will need to state on the form that you have paid the arrears in full, and provide proof in the form of a receipt for the transfer of the funds.

 

Whilst the mortgagee can ask where the money is coming from, you are not obliged to provide them with an answer - they cannot demand your uncle's bank statements, it's not their business. Payment has been made, they've accepted it, end of.

 

Court desks open at 10 am. Leave someone at the property to inform the bailiff that you have gone to make a stay application - they will likely receive a call from the judge to stand down until he/she has heard your stay application. If there are no arrears, the eviction is not likely to go ahead.

[jimmyq]

thanks ill go do this in the morning i really dont want them voming to the house as the tenants are already terified and upset ive promised them nothing will happen i was'nt aware that these idiots are going to drag this on like this eventhough they have had all the money too thanks for the info ill go to court once ive spoke to kensington at 9am

[dx100uk]

and if they have levied any PENALTY charges put inh a reclaim

 

they charge from everything from phone calls to debt management fees

 

ALL are reclaimable

 

dx

[jimmyq]

hi ive just got off the phone with them and i spoke to shawn in the creditmanagement team who told me the account is no longer with the evictions team and is now uptodate with them. Also there is a note showing on the system they requested cancellation of eviction with their solicitors this morning at 8.46am

[Lea_HTH]

hi ive just got off the phone with them and i spoke to shawn in the creditmanagement team who told me the account is no longer with the evictions team and is now uptodate with them. Also there is a note showing on the system they requested cancellation of eviction with their solicitors this morning at 8.46am

 

Phone the court and make sure the eviction has actually been cancelled.

[jimmyq]

hi bit of an update to this situation

 

they did not evict me but i did put a formal complaint in regarding the way i was treated and dealt with on this matter.

 

I recieved a letter saying they apologise and agree the agent was wrong and could of presented a softer aproach and wrong for disconnecting the phone on me.

and also apologising for for contradictory information i was given from their agents

 

its a bout 3 pages long full of apologies etc and at the end of it they have offered me £100 for a full and final settlement to the complain i made ?

 

do i sign and accept any advice on this please?

[hazepaul]

sorry wrong Thread

[dx100uk]

what about charges re post 5

 

dx

[suffering]

whats the news on this are you aware of case;

 

Blemain Finance Ltd v Andrea Jayne Ridley Darlington County Court 21 June 2012

 

http://nearlylegal.co.uk/blog/2012/09/arrears-warrants-and-abuse-of-process/

 

if you didnt accept their measly £100 you may get compensation

[SabreSheep]

Reclaim those charges

 

Also from now on restrict your dealings to writing and if needed Email. Paper trail is king.