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help - kensington going for eviction ** won -withdrawn**

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hi iam new to this site:oops:

 

iam just in need of any advice will be very grateful for any information on suspending an eviction date,

 

we defaulted on the court order in august

 

we have been since they informed us early september on getting a payment plan back in place

 

ive sent paper work after paper work off to them (kensington)

 

and always has the same answer ring back tomorrow the referal team got to deal with it,

 

when i finaly rung yesterday they said action has been taken

and all paper work gone off to the local courts for an eviction.

 

any help in how to aviod being evicted,

 

i have heard got to fill a n244 form in do 1 of those come with the dreaded letter from the courts

or have i got to obtain 1 from the courts in person,

 

just a very worrying time i just want to get a plan in place an all they want is are home..

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Hello dallingtribe.

 

Is this a mortgage with a bank you are refering to ??

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not got loads of PENALTY fees have you

 

missed

debt management etc

 

so they've already had you in court?

 

dx


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yes its with a mortgage kensington.

 

and yes we went to court in feb of this year

 

then defaulted in august

 

since september we have been tryin to get a payment plan in place,

sending paper work after paper work off to them,

 

ringing daily for two weeks

 

also kept sayin referal team are dealing with it ring back tomorrow,

 

finaly got an answer from them and said they have today (wednesday) taken action

and has gone to court for an eviction date,

 

i would like to know what do i do in the mean time ??

 

sorry for the delayed reply.

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I have moved your thread to the Mortgages section where you should get more specialised help.

 

i would like any help you got to offer regarding my postion, with trying to get a suspension of the warrant. the mortgage company kensington applied for the eviction date wednesday, i rung their solicitors today 19th november 2012, an they adviced me they applied to the courts friday 16th, so we are just in limbo in what to do, i have tried reading in what can be done, i have got a form to fill in a n244, could you please help me if you got time. thanks dallingtribe biggrin.gif

 

Are you making any payments on the Mortgage ? if not, can you afford to make payments ?

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yes making payments,

we got in to difficulties back in august when my partner did not have any work,

 

he is a self employed plasterer,

 

tried to get the payment plan back in place

 

kensington kept sayin send this send tha

did so

 

then we always had the referal team is dealing with it

 

after 14days of constantly ringing kensington,

 

they informed us they had taken action wednesday 14th november and gone to court to get an eviction date,

 

our tax credits has gone up sinse being in default, sent tax award notice off to them,

also my partners work as picked up an got so much work on,

 

so sinse the 14th november i have tried an tried to get them to stop the eviction same answer no,

 

this is a very stressful time so any information/advice would b greatly appreciated

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They haven't got the eviction date as you have a chance to go to court. This is just an office with the judge and company rep. It's not that easy to get an eviction if you can show that you can maintain payments. If you take paperwork and a budget sheet so the judge can see that you can now afford to make payments, he is very unlikely to order an eviction.

 

It is imperitive that you appear at the court though because the judge will want to talk to you, in fact, he will be more interested in you than the company rep.

 

If the payments you can make are satisfactory and you tell Kensington that you will be appearing at the hearing, and Kensington know that they wont get an eviction notice issued, they probably won't even bother to turn up.

 

You should be making payments to Kensington now even if they aren't the amount that they want, send them and keep sending them. Refusal to accept payments don't go down well with courts.

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so do i wait 4 tha eviction date then as soon as i receive that ring up tha courts 4 an emergency hearing go an attend court with the filled in n244 i can afford the monthly payments plus the £100 per month for the arrears, yes we are sending payments as much an as often as we can did pay £200 over last month in what they was asking for and still taken action to try and get an eviction date, thank you for advice.

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No, Kensington will apply to the court for an eviction notice and will be given a date to attend to tell the judge why you should be evicted. You will get a letter telling you of that date so you can attend and tell the judge why you shoulldn't be evicted.

If the eviction hearing has gone ahead and you didn't attend, then they will have been granted the eviction and yes you must get the N244 in, do it today don't leave it until it is too late.

Get together all the paperwork in your favour so he can see that you shouldn't be evicted.

 

Do you have a family/children because that will be taken into consideration.

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i rung up the courts and they said that i must wait for the date of eviction and that will be hand delivered letter,

 

they did not have any information

 

they did say ring back before 10am tomorrow to speak to the bailliffs in my area,

 

yes i have 3 dependent children 10.13.16.

what other paper work do i need ?

 

ive got the n244,

 

i filled in a income & expenditure form,

also a brief letter about why i shouldnt be evicted

 

also a change of circumstances stated in the short letter,

 

its the not knowing what date is the worse,

 

i cant bear the waiting for the letter to arrive. thanks for you advice so far.

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so could i take that form and all the supporting paper work to the courts today ?

 

as when i rung the courts they said must wait for the eviction letter then ring back the courts to make an appointment to see the judge,

 

also been told they might not have processed the warrant yet

 

has kensington solicitor only summited the eviction friday 16th november,

 

i hate waiting i like to get things done asap.

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I think I have misunderstood you. So this has already been to court and the eviction granted?

Did you attend that court?

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sorry i prob havnt explained myself,

 

we attented court in feb then they put a is it a possession order on the property,?

 

was told to make £819 the actual monthly payments,plus an extra £100 per month of tha arrears,

 

the arrears are £16,000 due to the fact 4years ago i was battling with cancer

my partner had to take time off work to care for the children an myself,

 

when we attended court we were ordered to maintain those payments,

 

we defaulted in august just gone due to ( my partner ) did not have any work for the entire month of august

we did pay the mortgage just not the arrears,

 

i was short of £400 in september

an £74 in october,

 

for several weeks i was trying to get a payment plan in place,

 

they kept sayin send bank statements in which done so twice,

then rung up daily for 2 weeks.

 

then on wednesday last week they said they have applied to the courts for an eviction date,

what do i need to do ?

 

have not received the eviction notice yet, they said it would be hand delivered .

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Ok. You can't take the N244 yet as there is nothing to stop until you get the actual eviction order. You must take the paperwork you will be relying on as well as the N244, the form by itself isn't enough, so get everything ready so that as soon as/if you receive the eviction notice, you can get right down the court with it all.

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thank you for help.

 

i just rung the mortage company and had a break down in what we have paid into the account since court in feb

we did not default in august as stated in their solicitors letter 23rd of october,

we paid the whole monthly payment plus £100 off the arrears,

 

we have defaulted £732.31 sinse court but not the figure they come up with £1,155.69

 

start of the default was in september,

 

i have offered a lump sum £2k yesterday

 

they declined the offer an pay every four weeks as they would get 13 payments instead of 12 plus £100 amonth also declined,

 

what paper work other than the n244 ?

 

iam sorry on keepin on to you.

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Hi there, if you take the N244 to the court before you get the eviction notive it will cost you £80 - so it's best to wait till you get the notice and then its £40. Have a look at my guide to repossession here: http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

it will give you examples of the form , how to fill it in and how to structure a statement to go with it. I can help you with this but it will have to be either later tonight or tomorrow morning. Have a read of the guide in the meantime.


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hi ell-enn yes i printed the form last night, have had good read of the booklet most helpful. yes i would love your expertise help in what to take an what to fill in, ready for court thank you. when your ready let me know in what you need to know.

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Hi, ok catch up with you later :)


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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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Declining a payment is exactly what a court would come down on.

 

Send them a letter with the offer, make it next day delivery if your want, but keep a copy so you can take it to court.

You also need a paper copy of the statement showing the payments etc you mention above.

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i have all day been on the phone with the mortgage company

 

the default figure is £47 not over a thousand pound,

 

also they have been adding on their monthly fees of £50 per month thats why they didnt put the payment plan back in place

 

they always drag it out

 

its with the referal team so obviously the arrears kept going up and up,

 

i verbaly asked could i make the £2k payment they did note it as when i rung again today they mention it to me,

saying if i paid that amount the head office could still go ahead with the eviction,

 

even today the bloke from kensington said we can afford in what is asked of us,

 

and do not know why thead office is being unreasonable,

 

so yet again he has refererd to head office in what i proposed today so hopefully (wich doubtfully)

they will come up with the answer before w have the dreaded notice threw the post.

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You should send payment to them even if they don't agree to it. As thing stand, they can say to the judge, 'there has been no payment since xx date' and that will be true. They might even deny that you have made any offers, you have no proof because you keep talking to them on the phone.

If you must talk on the phone, then get yourself a telephone recorder so you can record the conversations else stop doing it and correspond in letter or email.

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i have all day been on the phone with the mortgage company the default figure is £47 not over a thousand pound,also they have been adding on their monthly fees of £50 per month thats why they didnt put the payment plan back in place they always drag it out its with the referal team so obviously the arrears kept going up and up, i verbaly asked could i make the 2thousand pound payment they did note it as when i rung again today they mention it to me,saying if i paid that amount the head office could still go ahead with the eviction, even today the bloke from kensington said we can afford in what is asked of us, and do not know why thead office is being unreasonable, so yet again he has refererd to head office in what i proposed today so hopefully (wich doubtfully) they will come up with the answer before w have the dreaded notice threw the post.

 

Below is a fine which was placed on another mortgage company for breaches of the Financial Services Authority (FSA) Mortgage Conduct of Busness rules (MCOB's) one of the breaches was excessive charges (Page 4 Part 2.6 [3])

 

What they had to do, to redress this breach, was to refund each £50 fee they had raised (Page 6 Part 2.11 [5]) so it is fairly clear that the FSA consider a £50.00 fee to be excessive.

 

1. Claim these fees back.

2. Inform the court that they have been breaching these rules

3. Report them to the FSA (Enforcement and Financial Crime Division)

 

[ATTACH]39479[/ATTACH]

 

EDIT: oops, looks like they fined kensington before here in 2010. It would appear that they have gone back to their old ways. The FSA wont like that :-D

Edited by rdm2006

HTH (Hope This Helps) RDM2006

 

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Oops, looks like they fined kensington before here in 2010. It would appear that they have gone back to their old ways. The FSA wont like that, neither will the court, come to think about it. :-D

 

And here it is [ATTACH]39480[/ATTACH]

 

EDIT: and don't forget each fee charged has increased your arrears!

Edited by rdm2006

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

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All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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Click the * on the post you found helpful.

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and dont forget the interest

 

fill this out:

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that foslink3.gif will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitutionlink3.gif is claimed.

 

CISheet v101.xls

 

 

dx


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thanx 4 ur info

 

i rung tha f.s.a up today

 

they said kensington could charge what they like, as we would of been fully aware of their fees when we took tha mortgage out,

 

contacted kensington again today and offered to get the payment plan back in place,

 

gotta ring up tuesday to see if head office will agree,

 

adn paid £500 off today

 

they finally let me pay that, which was strange as 2days ago wouldnt let me make a payment,

 

we would never have these arrears amounting to what they are if they would stop adding their charges on,

 

if they wont drop tha notice an allow us to get the payment plan back in place if not just wait 4 tha eviction date 2 arrive,

 

then get down tha courts soon as.. keep u updated thanx both 4 ur advice.

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