Jump to content


  • Tweets

  • Posts

    • Morning dx, Doc1.pdfStarted early to scan, the first 18 pages I have scanned which is covering letter and witness statement MK1.   Have a nice day. Regards  
    • We all saw this coming. The start of curbs on the Electoral Commission for daring to investigate Johnson's financing of the Downing Street flat refurb and Vote Leave's referendum spending.   https://www.independent.co.uk/news/uk/politics/electoral-commission-boris-johnson-flat-b1868407.html  
    • Here's Chris Grey's blog on Brexit for June, with thoughts on matters beyond the headlines and bluster.   Brexit & Beyond: Johnson and, um, integrity CHRISGREYBREXITBLOG.BLOGSPOT.COM In my previous post , I argued that I did not think that Joe Biden’s intervention, for all that it was reported to be diplomatically forcefu...  
    • thanks Dx. Yes I am having a look at other threads as well.  
    • You say that you had some communication with Blue Motor Finance. Did you do this on the telephone or in writing? You should read our customer services guide. It's extremely important. You should try to do everything in writing but if you have to do things on the telephone then you should make sure that you make detailed notes of your call and then confirm them in writing. So for instance if your discussion with Blue Motor Finance was on the phone, you should make a note of everything that was said – including the fact that they said that the matter would have to be investigated because the dealer was prepared to carry out repair – and you should send this to be motor Finance with a note confirming that this was the conversation they had with you. It is very important to develop a paper trail. Otherwise everything becomes deniable. The situation is that if a defect occurs within the first 30 days of ownership of the vehicle then you are entitled to reject the vehicle under the Consumer Rights Act. You have to assert this right by contacting the dealer – and in this case Blue Motor Finance – in writing and point out that you are asserting a right under the Consumer Rights Act 2015 and you are rejecting the vehicle. Tell them that you want arrangements to be made to give you a refund of all costs including any costs or interest which has been levied by the finance company. Be tough with the finance company. Don't act as if they are do you a favour. Make sure they understand that you are not in the mood to muck around and you won't wait very long either. Don't forget that in this case because you have purchased the vehicle through hire purchase, it is Blue Motor Finance which is the responsible party. That is going to be helpful because if you had had to deal only with Chobham, you would have had very serious difficulties. In addition to writing to Blue Motor Finance to assert your rights, I suggest that you send them a copy of the article from the daily mail which has been linked above and you can draw their attention in your letter to the fact that this is the company that they are dealing with. You can send these messages to Blue Motor Finance by email. You should do this urgently. This weekend. You should also tell Blue Motor Finance that you have now taken advice and that you now understand that their initial statement that the matter needed investigation and that the dealer was going to carry out repair, is unacceptable and actually unlawful and contrary to the short-term right to reject contained in the Consumer Rights Act. Tell Blue Motor Finance that if they will not cooperate immediately in returning all of your money and cancelling the finance agreement that you will consider legal action against them for breach of contract and also for treating you unfairly country to their statutory duty under regulations developed by the Financial Conduct Authority. You should stop driving the car immediately. How far away from you is the dealer? Frankly you want to get rid of the car as quickly as possible. If you had not had finance in place then we would have cautioned you about this because you could end up losing possession of the car and also not having your refund. However, as you are dealing with a regulated finance company, and of course as the money has been loaned to you and you have not paid a great deal of it back it, your best interests would be in getting rid of the car so that it is no longer your responsibility to maintain, to insure or to generally worry about.   In addition to the hire purchase loan, did you pay anything on deposit? How did you pay? Did you pay by cash or by debit card or credit card? If you're confident then you should drive the car carefully to the dealer and leave it with them on their forecourt. Do not leave in the streets. You should photograph the car inside and out so that there is no argument later on as to the condition of the car when you returned it. If you are worried about driving the car then you should tell Blue Motor Finance that you want them to make immediate arrangements for the removal of the vehicle. Tell them that you are giving them seven days to organise this at the end of which you will charge in storage at £10 per day. This is assuming that you are keeping the vehicle on your own property and not on the road. As soon as you have got rid of the car, you should take immediate steps to inform the authorities that you are not the owner of the vehicle. Make sure that when you return the car it is returned with all its paperwork but you should use whatever portion of the V5 is necessary to transfer ownership away from you. Take copies of all the documentation before you hand them back. If you fail to do this and if the dealer does not change the ownership – then you are at risk of some other person driving it in your name and incurring penalties for road traffic offences or parking offences. That will then give you more complicated problems to deal with as you have to try and convince people that you are not the owner and not the driver of the car at the time. You should calculate exactly what this whole thing has cost you. This means all of your out-of-pocket expenses including the cost of going to see the car, going to fetch it, driving it back, any expense of insuring it or anything else because later on we will help you claim all of this back. Of course you will claim all expenses and fees et cetera associated with the finance agreement. As a matter of interest, how recent is the MOT on this vehicle? Who MOT'd it?  
  • Recommended Topics

  • Our picks

  • Recommended Topics

Reppossesion Help Urgently needed - **Successful Outcome **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2929 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

eviction date due tomorrow 26/4 tried speaking to lender (2nd mortgage) to no avail, not willing to help in any way. they want full arrears paying before they will even take a payment. what can I do, have had eviction date suspended before, original payment was 75 per month at last hearing judge ordered me to pay 250.00 extra on top but a one off payment of 1,000.00 which Kensington wanted. Kensington will not just take the monthly payment plus agreed arrears until I pay the 1,000.00 which I haven't got and cant raise. when you call them (on a daily basis) you get passed from pillar to post and every time they wont accept payment until they have the 1,000.00 - am at wits end, cant sleep HELP ....

Edited by Lola26
Link to post
Share on other sites
  • Replies 68
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Sorry to hear you have all this worry Lola. You could go to court to challenge the eviction but of course you are dreadfully short of time. I am guessing it might just still be possible - what time is the eviction set for tomorrow?

Link to post
Share on other sites
Sorry to hear you have all this worry Lola. You could go to court to challenge the eviction but of course you are dreadfully short of time. I am guessing it might just still be possible - what time is the eviction set for tomorrow?

 

Its at 11am filled out the N244 at the courts now am at wits end

Link to post
Share on other sites

Kensington won't take the monthly payment at all (why?) Paying the agreed monthly amount is surely better than nothing and in the meantime adding charges just don't know what to do or where to turn

Link to post
Share on other sites
Ell-enn is not online right now but I have asked Lea to come over and she is brilliant too.

 

Hang in there.

 

 

Thanks for the support submitted the form to the court and paid our fee have a hearing tomorrow at 10am any advice or information I can take with me would be greatly appreciated (new to the forum so getting used to how it works) didn't know it existed but glad it does!!!

Link to post
Share on other sites

I'm sorry none of the experts are around right now, but I've had a look at another thread and the judge can order that the arrears can be paid over the length of the mortgage and there is case law to back this up.

 

Have to go to school right now, but hope you will have some help by the time I get back.

Link to post
Share on other sites

I am sure someone will be here later on today when their day jobs have finished.

 

Are you offering to the full monthly payment plus something off the arrears ?

 

How long does the mortgage have to run ?

 

So it is Kensington who is refusing to accept the payments ordered by the Judge ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Lola if it is any help I know exactly how you feel. Can you tell us a little of the situation?

 

Bear in mind that judges are much nicer people than mortgage companies or their solicitors and eviction is only a last resort where there is no hope of the borrower ever getting on top of things again.

 

How many months are you in arrears? Do you have young children or dependant adults living with you?

 

It seems odd that your repayment went up from £75 to £250 - what was the thinking on that? I am paying an extra £250 and it is crippling me. I wish I had pushed for less, but in the heat of the moment we would agree to anything to keep our home.

Link to post
Share on other sites

BornThisWay: you can apply to the court for a variation of the order if it is financially difficult for you to keep to it.

 

Lola26: How many payments of the CMI plus amount towards the arrears did you miss first time around? How many have you missed this time around? How many stay applications have you made in the past (is this the second)? When was the original possession order suspended and how much were the arrears at that time? How much is the outstanding loan? How much are the arrears (ensure they are only arrears and not charges)? Do you have any other loans secured on the property and if yes, are you in arrears there too? How much is outstanding on any other loans? How much is the property worth?

 

The answers to the questions will allow me to see what a judge might think of the situation and at least that way you can go to court tomorrow prepared for the likely outcome, rather than spending the night worrying.

 

Are you in a position to pay the CMI plus something towards the arrears? How much can you reasonably afford? How many years and months (exactly) are there left on the loan?

  • Haha 1
Link to post
Share on other sites

Desperate Danielle, sorry for not responding sooner (had to get out and get some air and clear the head .) is the case law you are referring to CMG vs Norgan Case Law 1996 in relation to the arrears being paid over the term of the mortgage (which for Kensington there is 154 months!! The court order was an extra 250.00 per month plus the £75.00 original repayment meaning that the arrears would be paid of in 40 months !! we have never had a breakdown of costs, interest or payments missed despite continued requests. So i.e amount owing £10,746.42 we have no idea how they have got to this figure, I'm no maths genius but this would equate to around 10 years missed payments ( we haven't had the loan for that long, around 2008...) original mortgage is due to finish around 2026

Link to post
Share on other sites

Do you have a copy of the N244 you submitted to the court today? what did you put in Q.10 of the form ?

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.

Link to post
Share on other sites

we were in arrears with first mortgage (main mortgage) but this is sorted and payments made on time and up to date and have not missed any payments on this for 18 months and have proof of this (long story but both made redundant etc etc and escalated from there until we both got work.....) second secured loan was originally for 7,500! oh yes we can pay the current monthly instalment of 75.00 plus the 250.00 off the arrears totalling 325.00 but Kensington now want the full arrears paying in full which we cant. Over the last 3 months they wouldn't accept the monthly payment at all just kept saying they wanted 1,000.00 before they would accept the monthly payment ....

Link to post
Share on other sites

Q.10 was the evidence set out in the box below and we hand wrote a statement. The court clerk said it would be kept on file and wouldn't give us a copy back. Time was running out to get it back to the court and panic set in and didn't think to get a copy before.

Link to post
Share on other sites

Can you remember what you handwrote in Q.10? Did you affix a budget sheet or any evidence of your payment record over the 18 months ? Did you state that Kensignton wouldn't accept your payments?

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.

Link to post
Share on other sites

we are offering the full monthly payment and something of the arrears. the mortgage has still got 13 years and yes Kensington are refusing to accept payments and have done so since February because they want the full amount each time we contact them your passed from pillar to post and no on wants to listen all they state is "the full amount of arrears need to be paid in full before they take the monthly payment. They make you feel worthless and like a criminal (before we were both made redundant, living quite comfortably, but by no means millionaires at all..) and could easily afford what we had to pay (used what little savings we had to get by whilst both looking for work ..) both had to take pay cuts in our new employment but you do what you have to do.

Link to post
Share on other sites

How much are the arrears ?

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.

Link to post
Share on other sites

You really need to work out if the mortgagee is telling the court that the arrears figure is missed payments - perhaps you could answer each question asked and number your answers, providing only the information asked for. This will make it quicker to give you accurate advice.

Link to post
Share on other sites

we submitted a full payment schedule of our main mortgage and a copy of our quarterly mortgage statement to prove all payments been made and are up to date (haven't missed one in 18 mths) also provided them with an attachment to earnings statement (council tax arrears ) which Kensington are aware of (8,522.00 in 14 months) which is crippling us, my husband is working 7 days a week and has done so for the last 12 mths (currently off work with work related injuries (since Wednesday of this week, hopefully back on Monday after a short rest, despite doctors advise for two weeks at least (was at the hospital yesterday in fact) but it seems the more he earns the more they take and we are left with even less hence why we couldn't pay the 1,000.00 Kensington wanted. We did sate that Kensington would not accept the payments despite contacting them regularly to do so. We are taking the budget statement with us. The clerk wouldn't give us the originals (or copy them for us) as she said they would be kept on court file....we would have paid for them to be copied if they had said that they could do so..

Link to post
Share on other sites

Kensington state they are 10,746.00 but we don't know where they got this figure from ! we have asked on numerous occasions for a breakdown (and in writing .) but they have never responded . Original loan was for 7,500.00.

Link to post
Share on other sites

See my post with the questions in (post 12), and answer them as follows:

 

1.

2.

3.

Etc...

 

Until the answers are given in a readily accessible format, we are just going to be going back and forth trying to extract information. Most of the answers will be a figure, so don't add any extraneous information to the post you answer them in.

 

We will get there much quicker if you answer the questions first.

Link to post
Share on other sites

sorry new to this ... head is all over the place...

-

From what I can gather the mortgage lender is stating that the total level of arrears is £10,746 - they do not give a breakdown of what are arrears or charges just a total figure

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...