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    • Hi Guys,   Following in from my 17 page thread, that dates back over ten years, I am starting a new thread, at the suggestion of the site team. My issue relates the a) service charges relating to the Leasehold flat I bought back in 2006 b) a Managing Agent who is of questionable abilities as a manager of our block of flats. The Managing Agent has claimed £6k in fees to which (I think, as does the new Landlord) he was not entitled. I am wanting to get it back, and/or the fees on my account calculating properly which would leave me with a credit balance.  I am recently in receipt of a 4th claim relating to this dispute, with two of the previous three going 'no where'. The other one they won in default on 2011, but I successfully had that set-aside.They have not given me the money back though. It all started due to poor management of the block, and it transpired upon scrutiny that the management arrangements appear to be unenforceable prior to 2014. It's very complicated. This information is required simply posted, and not as a PDF, so here goes:   1.       BlurredFX Service Charge Saga 2.       Sept 2006 a.       In 2006 BFX buys a leasehold flat. His solicitor advises him that Ground Rent is payable to Landlord-one and Service Charges are payable, but to be wary of the service charges, as he is unable to confirm how they are being administrated. b.       BFX is sent a bill for service charges from PQR Managing Agent. BFX enquires as the legitimacy of the service charges, but is unable to get a satisfactory answer. The service charge requests are not complicit with the required legislation – such as the name of the Landlord. They are served in the name of ABC Management Company Ltd c/o PQR Managing Agents. c.       ABC Management Company has two Directors, both residents of the block in which BFX resides and to which this dispute relates. d.       Landlord-one is absent, except for Ground Rent requests. 3.       2006-2009 a.       Despite written and verbal requests, BFX refuses to pay any service charges until ABC Management Company are properly authorised by Landlord-one – because without such, he has no recourse or way to complain. b.       Demands are not complicit with the legislation. c.       The property was not properly maintained. For example, the lease obligations for an internal redecoration every five years had no been met. The obligations to maintain the exterior of the had not been met, and the timber double glazing was starting to rot quite badly. 4.       2008/2009/2010 a.       TUV Managing Agent Ltd buys out PQR Managing Agent (a sole trader, I believe). They seem to operate interchangeably for a few years, using different headed paper along the way. They seem to be interchangeable. It is the same personnel. 5.       June 2009 a.       TUV Managing Agent LTD, on behalf of ABC Management Company Ltd, file a court claim against BFX. [CLAIM2009] b.       BFX asks them to fully particularise their claim, including asking for details of who authorised them to manage the building and various other pertinent questions. 6.       10th August 2009 a.       BFX sends CPR18 – request for information to TUV Managinig Agent c/o ABC Management Company 7.       2009 a.       Hearing is scheduled for Jan 2010 [CLAIM2009] 8.       February 2010 a.       There is a hearing. b.       Ref: [CLAIM2009] c.       From the Court: IT IS ORDERED THAT the claim be stayed to enable the Parties to endeavour to reach a settlement if no application is made to restore by Tuesday 6th April 2010, the claim be struck out 9.       24th March 2010 a.       TUV Managing Agent sends BFX an agreement to sign, agreeing to pay. BFX does not sign the document. 10.   2010 – 30th or 31st March 2010 a.       BFX attends a meeting with a Director of ABC Management Company and Director of TUV Managing Agent. b.       BFX outlines his position, and suggests a verbal agreement to pay from 2006-2010 once the management of the block is properly administrated – my preference being the ‘RTM route’. c.       The other people at the meeting do not appear to understand. 11.   1st April 2010 a.       TUV Managing Agent on behalf of ABC Management Company write to the Court, asking that the claim be restored, claiming BFX has remained silent. b.       Notice of allocation from the Court, dated 15th April, for a hearing in July. 12.   July 2010 a.       On the day, a lady at the Court informs BFX that TUV Managing Agent has been on the phone, and said that BFX has paid the money and to cancel the hearing. b.       BFX had not paid any money at all. c.       Nothing more is heard of [CLAIM2009] 13.   6th October 2010 a.       ABC Management Co c/o TUV Managing Agent send a letter, after the Freehold Reversion of BFX’s block comes up for sale. TUV Managing Agent outline three options – do nothing, RTM, or buy the freehold. b.       BFX opines that it is not good advice, but is ignored. 14.   December 2010 a.       BFX’s health starts to visibly deteriorate. 15.   Late April 2011 a.       BFX is blue-lighted into the regional hospital, as witnessed by Director of ABC Management Company. 16.   Early May 2011 a.       TUV Managing Agent, on behalf of ABC Management Company, commence a new claim against BFX – literally within a week or so of BFX going into Hospital! b.       This is [CLAIM2011] 17.   August 2011 a.       TUV Managing Agent and ABC Management Company are awarded Judgement in Default. b.       BFX remains critically ill in Hospital. 18.   September 2011 a.       Letter from BFX’s Mortgage Company-One to BFX b.       “We have been advised by TUV Managing Agent that your Ground Rent and Service Charges of £6k-ish has not been paid.” Iy goes on to say pay them. 19.   September 2011 a.       In reference to [CLAIM2011] a letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “As the managing agents of BFX’s Block, I write to advise you that your client, BFX, is in severe arrears and therefore is in breach of his lease. c.       “A County Court Judgement was served on August 2011 in the sum of £6k-ish. A Copy of the Judgement is enclosed for your reference. d.       “I therefore request that this payment is now made in full by your client within 21 days, failure to do so will result in further action being taken and a Section 146Notice [sic] being served on Mr Piggin” 20.   October 2011 a.       Letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “Further to your letter of 25th October 2011, please find below the details of the bank account to make payment of the outstanding service charge and ground rent for the above property” [BFX’s property] c.       Mortgage Company-one makes a payment to ABC Management Co c/o TUV Managing Agent, for the claim amount. 21.   January 2012 a.       Landlord-one sells his freehold to Landlord-two. BFX receives a letter from Landlord-one’s solicitor. It states: b.       “…we write to advise that the benefit of the receipt of the ground rent payable under such Lease has now been transferred to Landlord-two to whom all future payments of ground rent including all arrears and the amount due from 2st January 2012 shall be payable to and whose receipt shall be a full and absolute discharge under such Lease” 22.   February 2012 a.       Landlord-one sells his freehold to Landlord-two. b.       Landlord-two writes to BFX stating that he owes Ground Rent since 2006. c.       That letter from Landlord-two to BFX also states d.       “While we have no wish to disrupt and current workable management arrangements we do have concerns in that respect as the building is not being managed strictly in accordance with the Lease provisions and although we would have no great objection to ABC Management Company Ltd continuing with the management of the structural and communal areas of the building we would be happier if the present informal arrangement, which could in theory be discontinued at any time by any party, could be formalised either by a Deed of Variation being entered into in connection with each individual leaseholder or by a complete Deed of Variation being entere into by all parties. We hope you will support a Deed of Variation and would request your written views in that respect. e.       “We were in direct communication with PQR Managing Agent prior to completion of our purchase and enclose for your information copy letter written to that firm on 11th January 2012. PQR Managing Agent have confirmed they have never received any ground rent payments and they are raising our ‘insurance concerns’ with X Insurer.” f.        The letter referred to above also asks PQR Managing Agent to make certain material disclosures to X Insurer. g.       In his letter to TUV/PQR Managing Agent, dated 11th of Jan, Landlord-two also states, h.       “As management is current [sic] carried out by you on behalf of ABC Management Company Limited, who are not named in the Lease and therefore maintenance obligations are unenforceable against or by that company, you may wish to give consideration to:” It then proposes a) a deed of variation, or b) Landlord-two becomes a client of TUV Property Management, and long term management is done that way. i.         The letter from Landlord-two continues: j.         “Finally, while we appreciate that you are not authorised to collect ground rent and indeed we assume you have not therefore been collecting ground rent, can you please confirm for the avoidance of doubt that you have never collected any ground rent payments from any leaseholder in connection with this building or, if you have collected any ground rent payments, can you please let us have details of such payments.” 23.   October 2012 a.       BFX makes an application for the Judgement to be set-aside, an account of his being hospitalised almost constantly since April 2011. b.       A hearing is scheduled. 24.   January 2013 a.       There is a hearing, the Judgement against BFX is set-aside. TUV Managing Agent and ABC Management Company do not attend. BFX has until February to file his Defence and Counterclaim, which he does. 25.   March 2013 a.       AQ’s submitted, and hearing scheduled. b.       TUV Managing Agent, on behalf of ABC Management Company is ordered to pay the hearing fee. 26.   18th April 2013 a.       Court orders unless TUV Managing Agent, on behalf of ABC Management Company pays the fees, the claim shall be struck out. b.       Letter from the Court: BFX’s counterclaim remains listed for May 2013. There is a hearing, and TUV Managing Agent, on behalf of ABC Management Company fail to attend. 27.   May 2013 a.       After a hearing, where TUV Managing Agent and ABC Management Company fail to attend, the Court orders: “The claim be adjourned generally with the liberty to restore on the application of either party.” 28.   2nd half of 2013 and 2014 a.       Various letter from TUV Property Management, and meetings of residents. It is decided by Leaseholders in BFX’s block that we should exercise our ‘right-to-manage’. 29.   17th February 2014 a.       Letter from a solicitor dealing with the RTM progress, it says Landlord-two now has 28 days to file a response. 30.   4th June 2014 a.       BFX Receives a letter from TUV Property Management it states: b.       “Please find enclosed a new standing order form for BFX’s block. c.       “We have opened a new current account for BFX’s block due to the Right to Manage coming into effect in 1st July 2014 d.       “The new standing order is to commence on 1st July 2014…” e.       It continues with pleasantries about cancelling old SO etc. 31.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.3k, the description on the invoice being ‘Account Adjustment: Transfer from previous Management Company’ 32.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.6k, the description on the invoice being ‘Account Adjustment: For period 4th July 2014 – 30th September 2014’ 33.   28th July 20014 (1) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.5k, having added £12. It states ‘Account Adjustment: Title Register’. b.       IT ALSO SHOWS BFX’s FIRST PAYMENT of 1 month’s service charges to ABC RTM Company Ltd as ‘Payment Received’ 34.   28th July 20014 (2) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.8k, having added £360 court fees. It states ‘Account Adjustment: Court Fees’ 35.   28th July 20014 (3) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £4k, having added £120 in court fees 36.   11th August 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX adding another £85. Description: ‘HM Court fee as fee is £205 not £120 – difference’ 37.   August 2014 a.       Following another emergency admission to Hospital for BFX, ABC RTM Company Limited immediately file a claim [CLAIM2014] for alleged arrears from 2011-2014. Approximately £4k. 38.   November 2014 a.       From the Court: Claim [CLAIM2014] stayed until February 2015, by which time the Defendant is to serve his Defence and in default shall file and serve further medical evidence supporting his inability to do the same. 39.   September 2015 a.       Claim stayed until end of October 2015 40.   November 2015 a.       Claim stayed until Jan 2016 41.   8th January 2016 a.       BFX makes an application for summary judgement [of CLAIM2014] that the claim be struck out, as it is a relitigation of [CLAIM2011] 42.   Feb 2016 a.       Transferred to local Court. 43.   31st March 2016 a.       There was a hearing of my application (I think) b.       From the Court, re [CLAIM2014] c.       IT IS ORDERED THAT d.       The hearing of today’s date be adjourned e.       The Claimant to file and serve a fully Particulars (detailed) Particulars of claim [sic] to set out the basis to the claim, entitlement of the Claimant to recover sums from the Defendant, detailing sums recovered and any outstanding payment plus other details which the Claimand may advise to address by 22 april 2016 f.        The Defendant to file and serve a detailed defence addressing the Particulars of Claim in paragraph 2 above by 12 may 2016 g.       If the Defendant wishes the application of today’s date to be relisted (upon consideration of the fully particularised Particulars of Claim), the Defendant should write to the court, at the same time as filing a defence, with a copy of this order, asking for the Court to relist the application for hearing with an estimated length of 1 hour 30 minutes (30 minutes of it being reading time). In the event that the application is relisted, both parties to file and serve detailed statements addressing the subject matter of the application 7 clear days before the hearing. 44.   17th May 2016 a.       From the court: b.       “IT IS ORDERED THAT The Defendants application be relisted in accordance with the order made on the 31st March 2016 on Monday 27th June at 15:30pm with an elh of 30 minutes,not to be heard by telephone” [sic]” 45.   June 2016 a.       I think there was a hearing, possibly. I am looking for the paperwork. I attended the hearing directly from a different regional Hospital to the usual one, where I was being treated for a brain infection. We got our heads bashed together by a clearly infuriated Judge, Judge advised ABC RTM c/o TUV Managing Agents to get a solicitor, tells BFX to be clearer in what he says. Nothing further was heard. Until… 46.   7th April 2017 a.       BFX has an invoice for 1066.00 from TUV Managing Agent c/o ABC RTM Company Ltd 47.   August 2017 a.       BFX mortgage sold from ‘Mortgage Company-one’ to ‘Mortgage Company-two’ 48.   13th September 2017 a.       BFX received an invoice for £5,000 for his share for new windows to BFX’s block. It seemed complicit with s20 LTA 1985 etc. BFX pays £5k. b.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not split as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. c.       N.B. BFX’s flat is in a conservation area, and the price reflects expensive windows, as specified by local planners. There were other attempts to put in cheap, nasty windows, but BFX was able to stop this by making informal representations to the local Borough Council – who in turn contacted TUV Managing Agents, who in turn eventually put in a proper planning application for proper windows, which was approved. d.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. 49.   12th October 2017 a.       BFX receives invoice for service charges (or statement of account): £4,800 approx. No payments are made by BFX 50.   25h September 2018 a.       BFX receives an invoice (or statement of account) for a total of £492. b.       It appears they have decided not to collect this amount 51.   March 2020 a.       Claim2020 from ABC RTM Company Limited c/o Company Director (not TUV Property Management) for £890 plus £70 Court fee. BFX has not been paying his fees because the management of the block is terrible.
    • Yes I know.  We would like the story posted up plainly on a post in a new thread with no attachment simply a step-by-step account of what happened and what led to the litigation. I think we can understand why this thread has gone on for 18 pages
    • I think he's hoping the attached pdf would be a satisfactory starting point for a new thread?
    • Please start a new thread so that you can post up a nice brief bullet pointed chronology of what happened which led to the litigation.
    • Hope it all goes well for her CB, let us know how she gets on.
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Just some advice on letter received from Kensington solicitors.

 

 

Kensington are filing for possession.

 

 

we have 3 missed payments,Sep,Nov,Dec, 2011..

 

We have made payments for for Jan and Feb and march is due at the end of the month

 

 

.they state that the arrears are jus little over £2500,

but are monthly payments are £670,

so does not add up

 

 

.there are £50 charges for each month un arrears.

 

 

could these charges be included..

 

I.am going to.ask them.to drop to interest only but keep the payments the same.

 

 

this means arrears would clear in 10 months.

 

 

firstly would they accept this????.

 

 

..and all also it wise to claim back the charges of £50 a month..

Any advice

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Just to add..we had arrears around 2 years back,got the same thing ,but paid of the arrears within a 4 month period.they also charged the £50 per month fee then,so there could big ammount added In fees.maybe £700-800..now if I claimed this back it would actually clear large ammount of the arrears.really unsure whether it is wise ti claim back charges while being taken to court for possession

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Hi there, you should write to them with your offer of payment towards the arrears. It's a good idea to also include a budget sheet and I have affixed the one we normally use in these situations - it calculates automatically as you fill it in.

 

If you need help with the letter please let me know and I'll draft one for you. Have you read the guide to repossession at the top of this forum? there are template letters and budget sheet there. http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

 

Have you actually received a claim for possession yet?

Budget Sheet.pdf


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Hi,

i have 3 months arrears on the mortgage.

These date back from around 11 months ago and since then i have been paying the mortgage as normal + and extra £50 evry month on top,

 

 

this is not an agreement i have with them,

but they are how just not been coperating so i did this off my own back.

 

 

Then they sent a letter saying they were send one of there advisers

 

 

,so i agreed to meet him thinking maybe if we go through this with him they may listen.

 

We did a breakdown of income and expense which has since been sent back to kensington showing that i really cannot push to anymore money at this moment.

 

 

I asked for a 12 month agreement to interest only but carry on with my payments as normal as this would clear the arrears.

 

 

They sent a letter back which arrived yesterday stating they have declined this and feel i can pay more to them.

 

They are also trying to claim i am renting the house out and put up the repayment,

 

 

I showed there advisor our council tax bill as proof we live here.

 

I really dont know what to do i have kind of give up with them.

 

My major problem is that in may i will be working abroad for 6 months so if they go for possesion i will not be in the country to attend.

 

 

I am going to ring them tomorrow and record the call (do i need to let them know i am recording).

 

 

The reason for this is think they are just being difficult,

 

 

i am trying to make arrangement to pay and they are just pushing for more money.

 

I also though about doing a voluntary repo as we have neg equatity.

 

 

Outstanding is £86k and at the moment they are going on the market for £80k,

 

 

so sale price would be 70-75 and at auction even less and then file as bankrupt to right of the now unsecured debt

 

 

..Extreme option,i know but does not really worry to much.

 

Anybody have any ideas i can throw at them when i ring tomorrow??.

 

 

Because at the moment it is there call,

 

 

i give them my best effort and they thrown it back.

 

Cheers

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Hello.

 

A couple of suggestions:

 

 

  1. Make sure thatyou put everything in writing to Kensington and that you send it via registered mail. Do not rely on anything over the telephone.
  2. Are you the only person at the house? I ask because should Kensington attempt possession you need to be sure you receive the correspondence.

I have asked Ell-enn of this site to respond to your post!

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Hi,

Thank you for the reply.

 

 

I spoke to them this morning and was actually very pleasantly surprised.

 

 

I talked to somebody helpful and pleasant for a change.

 

They are still being a little difficult but hopefully I should be able to have everything sorted by the weekend.

 

 

I queried the total of arrears they say is outstanding as it does.not add up and is around £600 more than it should be

and also the fact that I will not pay the increased monthly payment for their fairytale story about me renting out the house.

 

 

seems totally absurd that they could go for possession due to arrears for something they just.made up and have no evidence off

and I can very easily prove I have never let the house..

 

 

Hopefully this will be sorted out,just annoying I have to put myself out due to there attitude.If not I'll be asking for more advice.

 

Cheers

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I'm glad.

 

A word of caution: I've had a large number of battles with Kensington: make sure you get it in writing!

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Did you get this sorted? I had an issue last year with an interest rate increase. I was not happy but it was deal with after I spoke to my solicitor. Might be worth you appointing one!!

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Hi,

Brief account of situation..

I have a court hearing for repossession with Kensington on Monday morning 10:00 am.

 

 

I am currently working Cyprus and so.can.not attend the.hearing to.out my view across.

 

 

I feel that the court will grant possession ti Kensington and need to know how how long I will have to vacate the property.

 

 

.I need at least 28 days to get back ti the UK.

 

 

the arrears arrears stand at 5000.

 

 

I do have arrears fees and return dd fees that total to 2800 on the account and I have been trying to fight these.

 

 

I have explained to Kensington I would like to adjourn,thats a no go.

 

 

.I have offered to place the.property on the market...again no go.

 

 

I feel my best option is to.let the property go and once sold declare bankrupt.

 

 

.I.just want this weight lifted and start again

,as it's stressing me,and have give up.

 

 

.please advise if there is anything I can do..

 

 

ie: contact the court Monday to submit my position and have somebody there to state my case

and explain why I have not attended.

 

 

.please help im desperate to know what I can do,if anything.

 

 

.how long will myself and family have to vacate,will it be 28 days or less..

Edited by ajd01

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when do you return from abroad ?


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I emailed them and asked to hold till end of September as this the earliest I can return...can I ring court early and get someone to notify the judge of this and as I want to represent as feel my account has been badly handled..

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Do you have access to a fax machine?


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Hi Ell-enn,

I have access to email,

 

 

but not fax.sorry for the rushed reply earlier,as I am at work.

 

 

.could I not ring the court and ask them just to explain why I am not there.

 

 

I know I need to explain my situation I just don't want the judge to think I cant be bothered

 

 

..maybe I can download a email to fax program as I have used these before.

 

 

..what would you suggest is best way forward with this.

 

Thank you for your reply earlier...

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You certainly do need to contact the court either by fax or phone so they know you are concerned about the situation. If you are able to fax, you must quote the case number and mark it urgent - just state your situation as best you can, but keep it fairly concise and to the point and inform that you asked Kensington to wait until you returned to the UK.

 

Are you able to offer monthly payments towards the arrears going forward ? If you manager to send a fax you will need to ring the court to check they have got it - the court office should open at 9.00 am although hearings don't usually start until 10.00 so they should be able to let the judge know you have made contct.


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I emailed Kensington and explained the situation.and offered to make 2 x payments of £800 this is more than the mortgage payment..

 

If the judge ruled in Kensingtons favour

 

 

how long do they normal give to leave the property?.

 

 

.I would need till at least the end of the month

 

 

.I will worry more about this after tomorrow but would just like to know in advance.

 

 

I also offered to place the property on the housing market myself as we would be looking to sell in our return

 

 

As renting would be better now due to working abroad.

Thanks again ell-enn

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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.


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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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.

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


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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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.

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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.


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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

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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..

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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 ?


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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

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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.

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