Kensington repossession notice

[Ell-enn]

It could be 28 day possession order, however that doesn't mean you will be evicted on that date - if you have not already left the property on the possession date Kensington will have to apply for an eviction order which could give you another 14 days or perhaps more. If you are returning to the UK by the end of September you should be able to apply to the court to have the eviction stopped but you will need to have a realistic proposal for repaying the arrears. We can help you with the application to stop eviction. What date are you due to return to the UK.

[ajd01]

I have no set date of return

.it should have been anytime from 2nd week of October but I will have to be back to sort this out.

 

 

I will phone the court tomorrow and hopefully they will notify the judge as to why am not attending and see what happens

 

 

.does the fact that I have nearly £3000 in charges added on to this account,

 

 

these are returned DD fees and mortgage arrears fees that date back to 2007.

[Ell-enn]

You say you have £5000 arrears - is that just missed payments or are the charges in that figure ?

[ajd01]

just missed payments as far as i am aware.

 

 

The charges have been added to total outstanding amount.

 

 

I tried to make arrangement before i left to come to work here but it was difficult to get them to agree

,they just kept pushing for more and i told them that what i was offering was what i could afford.

 

 

When i received the email from their solicitor they claimed they had agreed and extra 20 on top of the monthly payment.

But they hadnt they were saying my I + E showed i could afford more that i offered which was arround 100 more.

 

 

I told them what is on paper is not always the way as i am self employed.

 

 

I feel they dragged this out they knew i was coming here an now it is easier for them to take it to court.

 

 

Granted payments were missed while here but this due to the struggle of getting a bank account here

and being able to transfer money(which i now have).

 

 

I told them i could transfer around 1700 in the middle of september when my account has full access to it.

 

 

I dont want to lose the house,i would rather sell.And i dont see why this would not be an option for them.

 

 

If i could sell and pay of the deficit if there is neg equatity i am happy with that,

 

 

If they get possesion i will look at my other option.

But as i said i would just like to clear the arrears over 6-12 months and place the property on the market at the same time.

[Ell-enn]

OK, let us know what happens when you phone the court tomorrow and see if you can send a fax. I am away from mid morning tomorrow until thursday and won't be able to get online but I'll check in before I go to see if you have any news.

[ajd01]

Ell-enn,

Hope you read this.

 

 

Sorry not been on for a while as internet has been vry on off here.

 

 

i managed to contact the court on the morning of the hearing and spoke to somebody who said they would let the judge why i was not attending,

hopefully the msg got passed on.

 

 

The hearing went ahead and he granted possesion.

 

 

My have gone back to the the UK,so she is now there.

 

 

We received a letter on wednesday that has given us 28 days,

so this meaning the 30th of this month.

 

 

So i am now stressing about how quick i can back

,whever i can extend this to give us more time etc..

 

I am unsure what direction to go.

 

 

I dont want to start be paying the mortgage payment this month if i can not stop eviction as this would be deposit money to move

and make life easier,but also dont really want to lose the house.

 

 

.Ideally i would like to some how persuade the court that if they could hold off on eviction,

we pay the mortgage and place the house on the market.

 

If you can advise what i should do next

 

 

,if i can do it from here or if i can get my my wife to submit something.

 

 

If you can PM as well if you would like further detail,

 

 

if you have time..

 

Thanks in advance

[ajd01]

Hi ,

we had a hearing on the 2nd of the month which i could not attend as i am working abroad.i rang the court to notify them and have the msged passed on as to why i was not attending..Anyway the judge ruled in kensingtons favour and granted possession.The date states the 30th.

 

I just want to know is this the date of eviction or is it just date for possession

Will they have to go back to court to get eviction and is there anything i can do to try stop it at this late stage?

I am still working away till the 2nd october but my wife and daughter have flown home so i some back in the UK if needed.

 

Any advice would be welcome asap..

[Ell-enn]

Hi there, the date of 30th September is the date by which you should give up possession of the property, not the date you will be evicted. The lender will have to apply to the court for an eviction warrant to have you evicted from the property. You can then apply to the court on an N244 form asking for a hearing to have the eviction stopped - but you will need to show you either have paid the arrears or can pay them together with evidence of affordability going forward. What is your financial position with regards to clearing the arrears ?

[ajd01]

Thank you,

I am self employed and can cover the mortgage and 100 on top of the normal monthly payment Kensington went through my income expenditure and said I.could afford more,but as I.pointed out to them what is on paper is not always true to life..the.arrears stand at 5000..but as mentioned before there are 3000 in charges..ie: arrears fees..

Will this help my case.

 

Thanks again you are great help ell-enn

[ajd01]

Can somebody just clarify this for me.

 

We had possession hearing start of September,possession granted for 30th..but we have hears nothing as of yet and still in the property.

 

Do just play a waiting game for an eviction notice and once received what will be the minimum time

we will have and if we are to file to the court the n244 form do we wait to receive the eviction notice or should we do this now.

 

Ideally we want to go back to court to give us time to sell the property

and also state that £2800 in charges has been added to the account in arrears fees and see if we can have them removed.

 

Any advice in this would be appreciated.

[ajd01]

Hi,

There has been and offer submitted to me for the refund of arrears charges.This falls short by 500 and is being offered to be deducted from the mortgage.Should i accept this and is it correct that it goes to the mortgage account.Is this the way it is usually done.

 

cheers

[AndyOrch]

Assuming you are happy to accept then yes ajd....... its is referred to as off setting.

 

Regards

 

Andy

[lookinforinfo]

If all the charges are unfair [or unlawful] they should refund them all.

[ajd01]

Thanks for the replies..I just wanted to check that the offer to pay back to the mortgage account was correct..

[ajd01]

keeping it short...

 

6 months arrears @ 686pm = 4116

 

they say total arrears are 7200 (6 months arrears)

 

am i missing something as this does not make sense.how can they get this figure but still only 6 mmonths missed payments??..

 

cheers in advance

[ajd01]

Hi,

Just wanted a little advice.I had a court hearing back on 2nd september for possession,

 

 

i could not attend as i was working overseas and possession was granted dated 1st october 2013.

 

Since returning to the uk i paid the monthly mortgage since november.

 

No agreement was in place,partly my fault but i asked kensington to tell me what they would accept as i have made offers

before which were refused and stated i could not afford more than i was paying them.

 

There are 6 months arrears showing,

 

We have had a letter from eversheds dated 14th march 2014 stating they have been instructed to apply for an eviction date.

 

 

I am little confused as to when to file a N244??..

 

 

Do i have to wait till i hear from the court and then file?

 

We are in a lot better position to cover our monthly payments and pay a little towards the arrears

 

 

but i have other debts i would also like to clear and dont want to over commit and kill myself trying to keep up with everything.

 

Ideally i would like to go back to the court to apply for more time,

 

 

and would a judge consider that i would be willing to put the property on the market

 

 

while making payments rarther than going down repossession route.

 

thanks

[Ell-enn]

Hi there, how much are the arrears and how much extra can you afford to pay towards them each month?

 

 

How many years are left on the mortgage?

 

 

Is the property in joint names and are there any children living there?

[ajd01]

Hi Ell-enn,

 

The arrears stand at £9,000 although on my credit file it is showing 6 months arrears which would not be anywhere near this amount,but ill look at that later date.

I would not like to commit to more than £100 extra a month,for now whilst i clear other debts as this will just lead to stress.Ideally we would like to put the property on the market.

It is a joint mortgage and there is around 17/18 years left and we have a daughter who is 6.

 

I do want to pay the arrears and i am not avoiding debt,we just had bad patch,struggled and we are now in position to correct it.It is time we need whilst we play catch up.

We feel that if we had time to sell whilst making payments this would be the best option for us,But unsure if a court would see this as an option.I have tried to make agreements in the past but they seem to just want to push for more money and i kind of gave up and just paid the monthly that was due.But they continue to add £50 pm fee as well.

[ajd01]

Hi,

Can somebody please advise in the n244.do I wait I wait for an eviction letter direct from the court then file this.

And also the arrears fees that have been added to the account.I know Kensington were fined for charges back in 2010,so why do I continue to receive the charges now.these amount to nearly £3,000 over the term of the loan and none have ever been refunded or deducted from the account.

 

Thanks in advance.

[ajd01]

Hi i ave posted before relating to a repossesion order that has been granted.i have now recieved a notice of eviction,date is is 7th may.I would like some advice on which way i should go with the situation and help on filing n244 form.I have a had quick look at the form and would really need help on this.

If anybody can help with this i happy to post up a run down of the situation.

As the date is of eviction is set for 7th may i could do with advice urgently

 

Many thanks

[Ell-enn]

Hi there, have a look at our guide here - http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession there are instructions for completing the form together with a sample statement to go with the N244

[ajd01]

Thanks for the links Ell-enn.I am going to print off later today and fill in,Although i may need a little advice on some of it.Also do i take this to the court with payment,Is this best thing to do and will they give me a hearing date there and then.

 

Thanks

[Ell-enn]

Hi, it's best to hand in the N244 to court personally - the fee is £45 and it will need to be in cash (although some courts do accept debit cards - you'd need to ring them first to find out). They should be able to give you a hearing date while you are there.

Make sure you take a copy of the N244 before handing it in so you have a set to refer to in the hearing.

[ajd01]

Hi Again,

Need some urgent advice.I have filled in the n244 and just want to check the witness statement (q10).This is filled in by myself.Is this correct,i dont actually need a witness , ie : friend or family member.

 

Can somebody advise if this correct

[ajd01]

Hi,

I have an eviction date set for 7th may (next weds).

I am waiting on kensington to call back and discuss an offer after i have submitted everything they requested.As it is friday and still waiting and we have a bank holiday monday i am little stressed.I want to make them an offer of :

 

£1500 payment now.

£250 pm on top of payments

 

the arrears stand at £10,073

 

Should they accept this?

I have a N244 form filled and ready to file to the court today if needed.

Can anybody advise if this to late to file the form as i need to do it within the next hr if i dont hear back from kensington by then as i have to go in work.