kensington being very unfair....

[Polly32]

hi i recieved a letter today dated the 3rd of jan saying that kensington have applied to courts for reposseion date, i rang the solicitors as i didnt understand it and they said they are waiting for a date to take the property,

 

i asked if i was to attend court and she said no it would be a staright repo, i dot know what steps to do now ive written with an ofer making a copy spoke twice to the solicitors and posted here,

 

do i go for an emergency hearing tomorrow or wait until the actual date of the repo , any advice would be much appreciated and sorry for getting on everyones nerves and posting where i shouldt i just thought id have to make a new post each time, thanks for putting up with me polly x

[honeybee13]

Hi Polly, thank you for posting where your other info is.

 

I'll send a couple of SOSs for you and hope some other help will be along too.

 

My best, HB

[Polly32]

thank u and again sorry i just thought i had to start a new thread again xx

[dx100uk]

polly dont worry about that

 

lets get you sorted.

 

 

dx

[Polly32]

thank u x

[Lea_HTH]

1. How much were the arrears when the suspended possession order (SPO) was granted in Feb 2012?

 

2. How much are the arrears at as today's date?

 

3. Have you checked your bank account to establish how many payments you made since Feb 2012 (to date) and worked out how much, if any, you have missed? (If you haven't done this, go and do it.) Are you in a position to pay any missed payments (if any)?

 

4. How many years/months left on the mortgage (exactly)?

 

5. How much is the property worth, and how much is outstanding on the mortgage?

 

6. How much can you reasonably afford towards the arrears in addition to the monthly payments?

 

Kindly answer the questions using the same numbering and answer as briefly as possible. The majority of the answers should consist only of figures.

It is my intention to be brief as my time is limited, so please do not repeat anything that's already been stated as I have read the thread and the information required to make a successful stay application has not been given.

[Polly32]

i was rouhgly 8400 in arrears at the time of the sco arrears to date are 9300 roughly wont know til i get back home i have 818 to pay 2 mth of mortgage in my bank waiting

i will check bank i almost defo know i missed the 170 but the 2 others im unsure will check

 

14 yrs 6 mth left on mortgage

i can reasonably afford at the min well for 13 wks the £45 the judge awqarded me to pay i am now having to claim benefits so in 13 weeks the social will pay the intrest so once that happens i will be willing to up the payment

property is worth 99.000 and current mortgage is 68890

if i have to pay for an emergency hearin i will only be able to pay 50-100 depneding on my wage off the missed payments

 

my montly payment is on intrest only at 365 plus 45 judge ordered this is comfatable for me but like in 13 weeks i would e able to pay a little more , i am looking and applyi fo jobs the one i have at the min is permanat cover work so dont get a lot of hours,

i always ask how much i need to pay so cant understand how this has happened i dont want to lose the house ive worked hard for , i know ive not helped the situation by missing but sometimes things cant be helped

[Lea_HTH]

I am not interested in the extraneous information you are posting - just answer the questions and number them as requested. I already said my time was limited.

[honeybee13]

Thank you for answering the SOS, Lea. I hope this can be sorted.

 

My best, HB

[Polly32]

sorry 1...8400

2.. 9300

3 will go and sort tomorow at bank

4..14 yrs 6mth

 

5.. £99.0000 outstanding balance £68890

6..£45-50 a month

[Lea_HTH]

I'm not going to put this gently because I think you need to know the difficulties you face.

 

If the arrears were 8400 when the SPO was granted in 2012, they should now be at 7960 if you had kept to the court ordered 40 per month towards the arrears. They are actually 9300 according to what you have written above, which indicates that you not only have not paid the 40 per month, but also missed additional monthly instalments as due under the contract. This is not an amount that can be attributed to 'error' - the arrears have increased by 900.

 

You need to get hold of your statements to see if this increase is due to arrears charges or management fees. However, I do have to say that it is far more likely that those charges have been listed separately and have not been included in the above figures - but you must clarify this by checking the statements.

 

Now, it's not the end of the world, but the judge is going to take some persuading that you can actually afford to pay what you say you can pay.

 

If your arrears are exactly 9300 (and I doubt this - you'll need to give the accurate figure to get an accurate answer), then the Norgan compliant figure (case law) is around 47 per month - it will, in other words, take you the entire remaining length of your mortgage to repay the arrears. Now, this would not be a problem if you could show that you had been able to afford that payment, but you haven't made that payment at all in the last year, or your arrears would not have risen, therefore, the claimant (Kensington) will be saying that the mortgage is clearly unaffordable and that their interests are being prejudiced.

 

Your saving grace is that there is some equity in the property - so you will need to include in your N244 statement that whilst the repayment of the arrears will take the life of the mortgage, there is sufficient equity in the property not to prejudice the claimant unduly.

 

How much is your current monthly instalment?

Have you completed the income and expenditure form that is included in the sticky thread created by Ell-enn on the repossession forum? If not, do so.

 

You will be in a better position if you can offer a slightly higher amount towards the arrears, but only if this is realistic. My view is that you appear not to have been able to afford the 40 per month, so whether you'll be able to pay 50 is debatable.

 

You say you returned to court to lower the amount - I have based this on the SPO being granted in Feb 2012, but I am starting to suspect it was granted prior to that. If that is the case, can you tell me when the original order was granted and how much the arrears were at that stage?

 

Does your local court have a duty solicitor?

Again, please do not write too much in response - I really only need the information I have asked for in order to be able to advise you on what needs to go into your statement.

[honeybee13]

Hello ladies.

 

Here's a link to the sticky with Ell-enn's budget sheet in case it helps.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

 

HB

Edited January 18, 2013 by honeybee13
Missed the link last time, sorry. :(

[nomorecrooks]

I'm not going to put this gently because I think you need to know the difficulties you face.

 

If the arrears were 8400 when the SPO was granted in 2012, they should now be at 7960 if you had kept to the court ordered 40 per month towards the arrears. They are actually 9300 according to what you have written above, which indicates that you not only have not paid the 40 per month, but also missed additional monthly instalments as due under the contract. This is not an amount that can be attributed to 'error' - the arrears have increased by 900.

 

You need to get hold of your statements to see if this increase is due to arrears charges or management fees. However, I do have to say that it is far more likely that those charges have been listed separately and have not been included in the above figures - but you must clarify this by checking the statements.

 

Now, it's not the end of the world, but the judge is going to take some persuading that you can actually afford to pay what you say you can pay.

 

If your arrears are exactly 9300 (and I doubt this - you'll need to give the accurate figure to get an accurate answer), then the Norgan compliant figure (case law) is around 47 per month - it will, in other words, take you the entire remaining length of your mortgage to repay the arrears. Now, this would not be a problem if you could show that you had been able to afford that payment, but you haven't made that payment at all in the last year, or your arrears would not have risen, therefore, the claimant (Kensington) will be saying that the mortgage is clearly unaffordable and that their interests are being prejudiced.

 

Your saving grace is that there is some equity in the property - so you will need to include in your N244 statement that whilst the repayment of the arrears will take the life of the mortgage, there is sufficient equity in the property not to prejudice the claimant unduly.

 

How much is your current monthly instalment?

Have you completed the income and expenditure form that is included in the sticky thread created by Ell-enn on the repossession forum? If not, do so.

 

You will be in a better position if you can offer a slightly higher amount towards the arrears, but only if this is realistic. My view is that you appear not to have been able to afford the 40 per month, so whether you'll be able to pay 50 is debatable.

 

You say you returned to court to lower the amount - I have based this on the SPO being granted in Feb 2012, but I am starting to suspect it was granted prior to that. If that is the case, can you tell me when the original order was granted and how much the arrears were at that stage?

 

Does your local court have a duty solicitor?

Again, please do not write too much in response - I really only need the information I have asked for in order to be able to advise you on what needs to go into your statement.

 

@ Lea_HTH: your advice is, as always, excellent.

 

One thought on the arrears: has Kensington put monthly arrears charges on to the arrears amount (unususal but not impossible with Kensington) or has it capitalised the monthly arrears charges? Bear in mind that the Kensington monthly arrears charges are £50 per month so this could be a significant factor in this particular case.

[Polly32]

hi i will input rhe figure shortly and yes they have charges me £50 im goin to ring and get exact figures so i have all info

[Polly32]

jusy got eviction date 30th Jan

[honeybee13]

I'm sorry to hear that, Polly.

 

That means it's important now to find the information for Lea so she can help you to fight this.

 

HB

[BRIGADIER2JCS]

jusy got eviction date 30th Jan

Only 12 days when was the order dated??

[Lea_HTH]

@ Lea_HTH: your advice is, as always, excellent.

 

One thought on the arrears: has Kensington put monthly arrears charges on to the arrears amount (unususal but not impossible with Kensington) or has it capitalised the monthly arrears charges? Bear in mind that the Kensington monthly arrears charges are £50 per month so this could be a significant factor in this particular case.

 

I did consider that, and OP needs to check statements, but my feeling is that they have been listed separately and not included in the arrears amounts - even sub-prime lenders are getting savvy to this and I am seeing far fewer cases in court where the charges have been included (they are far more likely to be included in the money judgment, but not in the actual claim for arrears).

[Lea_HTH]

12 days is not an issue - once the date on the possession order has passed, the bailiffs need give only a further seven days from the delivery of the notice of eviction.

 

Polly needs to make her application as soon as possible - preferably to take it into court by Wed of next week at the latest. The court view stay applications more preferably when they are made sufficiently in advance and not too close to the actual eviction date (if the hearing is listed close to the date then that is down to the court), but the earlier the application is made, the better.

 

It is still not clear when exactly the possession order was granted - as Polly answered the question posed to her about the arrears charges, but ignored every question I asked in my post last night.

 

Whether there are arrears charges included or not, there are still arrears on the account and there are still multiple missed payments under a court order - so the things Polly needs to concentrate on are the things I've directed her to do (and answer the questions posed), and not faff around with stuff that can be dealt with once she's ensured her home is secure.

 

I'll be opting out of this fairly soon as my time is being wasted repeatedly asking for information.

[Polly32]

arrearss then s co issued for£8615.33

amount to date 30th£9544.30

dates missed £20 April

paid fu amount till July

part payment in July and Aug all amounting to £462.00 December and January in bank waiting to be paid.

£50 monthly arrears charge has been added each month

remain mortgage 68.880 valued at 99.000

[Polly32]

sorry and can pay £50 a month i will have to wait till im.home to do income expen form

[Lea_HTH]

You state that your CMI is 365 - which means your arrears amount to over 26 missed payments - more than 2 years. This is not great news for you.

 

Your Norgan payment is 54.86, if you are correct about the length of time left on your mortgage (14 years 6 months?) You will not be able to pay less than that amount towards the arrears. So the income and expenditure sheet has now become crucial for you to complete in order to ascertain where you can make cuts in other payments.

 

As I said previously, unless charges have been included in the above amounts, you have increased your arrears by 928.97 since the order was granted (Feb 2012 - though you have still not confirmed that this was the actual SPO). This amount is representative of 2.5 months of missed CMI (monthly payment) - had you made payments of the 45 towards the arrears, your arrears should have been 8175.33, which means there are outstanding payments totalling 1368.97 since the order was made. IF charges are included, that amount reduces by 550 (11 months of 50 charge), but you are still behind on the court order.

 

Kensington should not have been adding arrears charges to the 'arrears' figure - so you need to be certain that these are not included in the arrears figure you have given above. You need to be clear - so check and double check.

 

Why are Dec and Jan payments in the bank 'waiting to be paid'? Pay them.

 

What is your current interest rate on the mortgage? You made reference to claiming benefits and the interest being paid for you - but this will only be the case up to a particular percentage.

 

Once you have done the income and expenditure form, you will need to explain (briefly) why you have had such difficulty maintaining the payments and why you are now in a better position to be able to afford them. As I said previously, the fact that there is some equity in your property means the court may consider giving you another chance. I am presuming there are no other loans on the property?

[nomorecrooks]

Polly32: please have a look at my other posts on fighting Kensington at this stage. I can tell you that there are others who have had very similar battles with Kensington and won.

[honeybee13]

Polly32: please have a look at my other posts on fighting Kensington at this stage. I can tell you that there are others who have had very similar battles with Kensington and won.

 

Hello there. It's kind of you to offer help.

 

Would you be able to post a link please? Polly is still finding her way around the forums and is a bit fraught atm. Links would help her.

 

My best, HB

[Ell-enn]

what stage are you at now Polly - have you got an N244 form to put into court for a hearing ?