Kensington Repossession

[headacheallday]

Hi

 

Once again I find myself in a horrible situation. I last came on here to stop my Capstone repossessing my house and Ell-en was totally amazing with her advice. I spent one of the longest and worst days of my life in court but the judge suspended it and gave me longer to pay. That was 12 months ago and I've cleared £13k of arrears with £800 to go.

However, and here's my new problem-despite tackling all my debts and clearing a fair few, Kensington (secured loan of £5000) have now got a repossession order and will evict us on monday 17th @12.45. Despite paying the loan for 2 years, with their charges added they say we owe over £9K ! My husband lost his job last November and has been off work since. I have been paying everything that I can myself and working 16 hours a day. He is now very depressed and quite frankly suicidal, so I can't discuss this with him !

After last time I know that I could get the N222 (?) from the court and apply for it to be suspended, but I don't have the time. I know that sounds crazy, but I have an all-day meeting for my business on Wednesday and from Thursday 9am until 7am Monday 17th I am actually out of the country. My employers have paid for myself and other managers to attend a conference in New York. If I don't go I will lose my job (as they have paid so much for my place). Although I work for 1 company, my position is classed as Sef-employed. So what can I do ? I know you're probably all thinking there's no choice I have to stay at home and deal with, but if I lose my job there really is no point. I am going to contact them again tomorow to see if they will accept a repayment plan, BUT when I tried to do this 6 weeks ago they kept asking for more information and didn't agree with my expenditure. eg) My phone bill is £98 per month (but that's for tv, telephone for house PLUS broadband, 2nd telephone for office as I work from home)

 

Please help as I am worried sick. I basically have 2 free days to sort this out (but I don't know if I can ask the court for a specific date ?)

Thankyou. Any help or advice would be fantastic.

[headacheallday]

Hi

 

Just thought I'd update. I phoned the court yesturday and asked for an Emergency hearing for today. I told them the truth, as always, and said that I would be out of the country after Thursday. The court staff and process were brilliant and the judge ordered Kensington to accept what I was offering. So pressure is now off.

However , whilst I was waiting to go in the Kensingston "Legal representative" spoke to me before the hearing as he said "he didn't have a clue" and if I could give him the facts that would speed the process up. All the way there I kept telling myself not to fall for it and not to answer his questions, BUT I did-truthfully and he concluded by saying-"I really sympathise-but my client wants their money NOW and won't accept anything less".He said he was sorry but on Monday I would lose my home. He got me so upset he actually reduced me to tears. (Which doesn't happen very often as I have to be the strong one).

ANyway we went into the judge, who only confirmed my name and then spent the time discussing with this 12 year old legal bod. The judge did make it very clear that he was not on their side and they were being very unfair and that there was no way he would evict us based on this small amount (which reduced overnight by £3K-strangely). BUT what really got to me was the outright lies that this legal person told. At first I tried to answer, but the judge told me not to (which was very frustrating). Kensington's solicitor sat there and literally called me unreliable, with no provable income (I told him I could send him every piece of paper to back up what I said prior to the hearing). He said my husband was obviously a liability as he's lost his job 3 times . There were so many "made" up things from him and Kensington that I sat there opened mouthed ! However, thankfully the Judge I think saw through it , asked me what I could pay and then set that for 16 months.So yes all over for now, but how can these people get away with their bullying tactics ! Imagine if I had been much older, or seriously ill, they could cause irrepairable damage. Not to mention giving the leagl profession a bad name.

Thanks for at least listening everyone x

[headacheallday]

Sorry just 1 more thing. On the way out of the court, the solicitor said "off course interest and charges will still go on this" so you'll need to find some capital to pay this off quickly.

The judge took the amout owed today and divided by the amount I can pay and set the term at 16 months. However, Kensington are adding £150 in charges and interest, so I would get this clear withing the 16 months-what can I do ? Can I get Kensington interest and charges stopped or reduced ?

Please can someone advise.

[Lea_HTH]

The interest and charges are contractual issues, however now that a court has ordered the arrears to be paid in 16 months, there should be no further charges for being in arrears, or late payment charges (unless of course you make late payments in the future).

 

You can't do anything about the interest, or the fact that they will charge you for attending the court hearing - you'll find those costs listed on your next statement. If they look unreasonably high (over £600 for a hearing would be unreasonable), then you should ask them to provide a break down of their costs.