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Kensington repossession notice


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  • 1 month later...

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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  • 7 months later...

Hi,

I currently have arrears on my mortgage with kensington.

Since last november i have been charged £50 every month in charges for being in arrears.I am 3 months in arrears but continue to pay my mortgage as normal every month.I have also had arrears before on this account that have since been paid off.My question is,Am i entitled to claim back the charges as think they are little excessive,and can i claim for the earlier charges aswell.

If yes,then the charges would probably pay off over 1/2 the current arrears.Should i send and SAR request and find out all charges and then look to claim.

Any help on this would be good.

 

Thanks in advance

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Yes you can claim these back, here is the letter just amend as required.

 

They will probably say that their charges are lawful, if so read this [ATTACH]39380[/ATTACH]

 

It is the "Final Notice" for a fine placed on another lender for breaches of MCOB's rules, one of which was excessive fees (see page 4, 2.6 [3])

 

The remedy/redress required by the FSA was to refund each £50.00 charge/fee (page 6, 2.11 [5]) so it looks fairly clear that the FSA consider £50.00 to be excessive.

 

You could amend the letter citing those two sections as reasons why you believe their charges to be unfair... :-D

HTH (Hope This Helps) RDM2006

 

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  • 2 weeks later...
  • 1 month later...
  • 2 months later...

Hi,

Ill keep this short.

 

i have 3 months arrears with kensington that date back to sept last year.

 

I ahve tried to get them to make an arrangement but they wont.

I have paid and extra 50 pound a month on top of my normal payments since the arrears (this is not arrangement).

I have asked them to drop my mortgage to interest only for 6 months,

i would carry on making payment as normal and the arrears would be well and truely cleared in this time, but they wont agree.

 

Now they have sent letters and upped my normal payment saying they suspect i am renting the property and have adjusted the interest rate.

 

I phoned and told them i have not rented but they dont listen.

 

Told them i can not pay more than i am paying and dropping to interest only to clear arrears would be best for myself and them..

 

They are also adding 50 pounds a month arrears fees,should i claim this back??

 

How would al this look if they tried to take this to court for possesion??

 

I have tried all i can and now it seems like they are trying dirty tactics.

I actually think i want them to take this further

I cn prove very easily that the house was not let.

 

Please can anybody advise if they can do this,

especially the letting bit.

 

Please help.

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Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them.

http://news.bbc.co.uk/1/hi/business/8615870.stm

http://www.telegraph.co.uk/finance/p...y-the-FSA.html

http://www.fsa.gov.uk/library/commun...2010/065.shtml

http://www.guardian.co.uk/money/2010...mortgages-fine

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

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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  • 1 month later...

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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  • 4 weeks later...

Hi there,

I am trying to use your links to access the template letter but it always tells me I do not have permission for access???

Please help as I really think I need something like this letter due to Kensingtons hideous arrears charges!

Thanks in anticipation.

 

It is working now... Thank you.

Edited by shellby8681
problem rectified
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  • 2 months later...

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

 

 

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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.

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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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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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