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A while back I requested charges that were unfair to be returned.kensington have replied back with an offer around 1/4 of the actual unfair charges.this was a while back and I never pushed in with it or accepted the offer.is there a time scale??what do I do next if want to push for whole amount or do you think I should accept there offer.

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11 threads merged on the same issue please always keep to one thread

per reclaim

 

 

dx

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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9 threads merged.

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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No. You should insist on 100% plus interest or else you will sue under MCOBS.

 

Why wait?

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  • 2 months later...

Hi,

I am just after advice on trying to suspend the eviction date allowing us an extra couple of weeks to sort something out.

The date they have given is 6th may but we just need a little longer. Do I file the n244 form to ask for this at the court?.

 

Thanks

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Hi there

IN order to help those in the know advise you please can you put a little history in here.

 

Also what are your circumstances that you intend to request a stay of eviction?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Sorry,yes..

 

We had suspended order just over 12 months ago which we kept to up till March and missed one payment so I set it up again but struggled and missed the payment date.so they went back to court and the next thing we got a letter with the date for eviction.

Thing is the only thing they will agree to is to up the payments and in all honesty I am tired of living like this.working and stressing to make payments and pay bills every month.with the amount of arrears it will be a good couple of years at least of this and we've decided to walk away.

Let them have the property and go from there.i know there will be a shortfall but the house has slight negative as well so selling will leave us with most likely the same debt.

There is myself,wife and 7 year old daughter and we can stay with my parents for a while but they are away at the moment and this is why we need the time.i am going tomorrow to sort out storage for goods.

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Hi ajd - I remember your possession case. What are you going to put in Q.10 of the N244 ?

 

Also, if possible you should take the N244 to the court office as there is a fee to pay (£50) - if you post the form they may not process it in time for you to get a hearing before the 6th May

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Hi ell-enn,

Thanks for the reply and also the help you gave me last time.

I am totally at a loss to be honest on what to put.all I want to ask for is an extra 7-14 days allowing us to get organised and remove everything from the property.

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OK, I think you should just state that you have come to the decision that you no longer wish to live with the struggle of paying off the arrears and therefore you are making arrangements to leave the property. However, although you have found alternative accommodation for the family the move cannot be completed until the end of May and you respectfully request that the court suspend eviction until then to allow you to make arrangements regarding school etc for your child.

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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Thank you again Ell-enn,

This pretty much sums up the situation and how We feel.although though no and understand that repossession should be last resort I just feel it is getting very stressful and causing family problems as we live to a tight budget trying to clear debts and have no family time due to pressure from this.

Although still a little worried it does feel like a weight is slowly being lifted.

 

Thanks again

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ajd01 I know exactly how you feel.

 

Last July my husband and I were in the same position. Stressed all the time, husband had ill health and I was working. We also have 3 daughters and barely had any family time as we were just paying bills all the time.

 

We rang our mortgage company and told them we'd had enough. We stopped paying the mortgage and saved the money to rent a house. We left our old home last September and haven't looked back.

 

Our house sold not long ago so we are waiting on the shortfall amount but know they can't threaten us any more. I'll pay what I can afford.

 

Although my husbands health hasn't improved we spend more time together, we laugh we carry on and we've had a weight lifted off our shoulders.

 

I really hope it works out for you and your family.

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Thank you sirbob,

It' is exactly like you say,I think I have kind of realised over the last few months that things just can't continue the way they are.time with family is more important and to work every hr and not be able to take time out spend some quality time together because of constant worry is wrong.this why I am not going to court to ask for more pressure and stress,to start the cycle over again.once the house is gone they have nothing take and I will make an offer to pay the short fall when it comes,but I do remember how difficult they made it for me the last time around when I needed to send them things as they don't have email and only deal with fax.

Anyway I hope things work out for yourself and family and your husband gets back to good health.

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Please keep us updated ajd, hope it all works out OK

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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Just another quick question on this.if we are evicted and we are not capable of moving everything from the property before this date will the mortgage company allow us to leave items for around 7 days.

If not what happens??

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  • 5 years later...

Hi,

 

Myself and partner went through a home repossession in May 2015 and it always showed on my credit reports.

After the repossession we moved abroad till last Feb when we returned to the UK

 

.We didn't have any contact with mortgage lender while abroad,

long story but they made things very difficult before whilst we tried to not have the property not repossessed which I won't go in to at the moment.

 

I noticed last November time the repossession was removed from credit reference agencies and does not show anymore under defaults or repossessions.

But also since around 3 weeks ago we have a 2 letters from a collection company saying they are collecting on their behalf..which I will respond to with a letter template I found on here referring to the sale of property etc.

 

1st question is why would the record be removed from credit files

an 2nd can it be put back once removed.

 

Thanks in advance

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whos the fleecers thats trying to scam you?

i will gather you mean there was a shortfall debt?

 

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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Hi,

 

the company is capital recoveries, sending in my wife's name and yes for a short fall.

They don't seem to have sent mine yet..lol..

 

As i said it is a long story which I did post at the time on here when going through the repossession,

 

Kensington claiming they only had fax and not email etc and just making things difficult

when we moved away I made things awkward for them explaining I won't be able to forward anything as I don't have fax..yes I know I should have but they put us through a difficult  time and didn't make things easy.

 

Why would it have been removed from the credit reports within 5 years though, this is what I don't understand.

And to collect on it now would they need to re-apply for anything.

 

I don't deny I must owe something....

 

 

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ok i've merged all your historic threads on them here

so we'll read later

 

i will guess they arer afer scamming you for the old shortfall.

until/unless you get a letter of claim

you are safe to ignore them.

 

the credit file removal might well be the SB date/default dates 6th birthday removal which happens automactically.

 

 

 

dx

 

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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2 hours ago, dx100uk said:

ok i've merged all your historic threads on them here

so we'll read later

 

i will guess they arer afer scamming you for the old shortfall.

until/unless you get a letter of claim

you are safe to ignore them.

 

the credit file removal might well be the SB date/default dates 6th birthday removal which happens automactically.

 

 

 

dx

 

Thanks dx,

 

So sit and wait.

 

Will they re apply the default and if they do can they do it or do they have to apply for anything legally.

 

Again thanks.

Edited by ajd01
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Once its gone it cant return

sit back and smile

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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2 minutes ago, dx100uk said:

Once its gone it cant return

sit back and smile

 

Brilliant,

 

I never avoided as such and never do avoid paying any debts but these clowns wanted to play silly games when we were trying to come to arrangements originally and made life difficult..so I will smile about this.

 

Thank you for the advice again.

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