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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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Kensington Mortgage Company - eviction notice - help!!


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Hi All,

Im new to this site and hoping that you can help me with my problem.

 

I have a mortgage with the Kensington mortgage company.

 

The mortgage is in arrears to a total of £9222.

 

I am able to pay the arrears in full, however the Kensington mortgage company have told me that this may not stop the eviction notice.

 

Can Kensington refuse to allow me to clear the arrears as they are threatening.

 

My son and his family live in the house, which is in my name,

he has lived there all his life, the payment to clear the arrears will be made from my husband to my account,

so that there is a financial paper trail, which they have asked for.

 

My difficulty is that I live abroad and providing the mortgage company with my statements as they requested

is difficult without me travelling to the UK to get the statements to forward them on to the mortgage company,

is there anyway around this.

 

Some advise I have received has suggested that I can get a court ordered suspension of the eviction,

I also read somewhere that Kensington can ignore this and treat it as advice rather than a court order is this true.

 

The main reason that the mortgage is in arrears is that Kensington have increased the mortgage rate by 2%,

they say because, the house has been let unauthorised,

the increase has added almost £400 pounds to the monthly repayment.

 

They call the rate hike a loading charge.

 

Can they do this.

Kensington have always known that my son lived at the property.

 

Please help.

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Kensington have been fined by the FSA in the past for unfair treatment of their customers. They acted in breach of MCOBS.

No they can't refuse to allow you to clear the arrears.

Do nothing on the phone, keep on trying to pay them. Do everything in wirting and keep everything you receive from them.

If they refsue money then keep a record of it - and keep the money by to pay them ultimately.

They will need a court order to get you out and you can sho the judge how unfairly they have treated you. Follow the links to the mortgage articles and read up about Kensington.

 

If you can show that they have always known that your son was there then that may help you as they may be deemed to have accepted the situation. However, in principle they would be entitled to increase the mortgage.

You should pay off the arrears and organise another mortgage with another lender.

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Thank you Bank Fodder for your advice, and I am actively making the arrangements to pay the arrears from where I am. I can show that they have always known that my son lives there, they have and always had his contact details if they need to discuss anything with me. They call the rate hike a charge, this is why Im confused.

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