Mortgage Probelems and Court date for repossession.

[Andrea51]

Hi

 

Please I was wondering if you could help and advise regarding a court hearing on 27th August.

 

Kensington have applied for a repossession order I am embarrassed to say this will be the 2nd time but due to a situation of circumstances and my fault to a certain extent.

 

My last hearing was the 5th January 2010 for arrears of £5247.17 the court agreed that I could pay the arrears of at £85 per week this was meant to be for 51 weeks. This has been paid. Checking all the sheets Kensington have given me and confused over some of their figures. My arrears at the end of May 2012 were down to £1119.62 which included a missed payment from January 2012 £856.69 due to fraud on my bank account. Was unable to make up the payment but continued to make payments to clear the arrears. Admittedly missed some arrears payments but mortgage was paid.

 

June 22nd I had an accident was off sick and the June 2012 payment was not made. In January 2013 had an operation and was off sick for three months. The pain was horrendous. Missed January mortgage but paid two months in February plus made payments off arrears. Missed March paid £150 off arrears. Paid April plus £102.26 off arrears. Paid May plus £237.26 off arrears. No June as went back to work 8th April but lost my job 15th May due to business downturn and my sickness record. I have really tried and kept Kensington informed all along. I did say to Kensington that once I was back at work my pension payments would be going to clear my arrears. Applying for jobs like mad.

 

My arrears Kensington say are £3905. if I can pay £900 by the court date 27th August then 40 weeks at £75 then I could clear the arrears. My accident claim against the council is being handled by a local solicitor not a claims company and she is going to write to Kensington. After the site visit of the accident and liability is confirmed an interim payment will be requested to pay my arrears. My solicitor thinks I have a strong case.

 

Kensington have been applying the £50 monthly arrears fee which totals £2685. I have read on this site about claiming them back. They have put up my monthly payment from £882.74 to £920.48 due to my account status. Helping people in difficulties Oh yea !!! I have 3 years 2 months left on my mortgage. I have my Pension £600 per month and my partner is self employed but sub contracts for a very good company and will make up my payments and pay the weekly payment. Proof of his earnings available. The worry of all this is making me sick everyday along with all my pain killers and only 4 hours sleep at night not very good at the mo. Please can any one help an advise. I would grateful. Andrea51

[Ell-enn]

Hi Andrea, You say you last had a hearing in Jan 2010 and I assume possession was suspended on the payments terms of £85 per week. What exactly have you received regarding the hearing date ? is it a Claim for Possession of Property ? or is it re-instatement of a hearing ?

 

If Kensington already have a suspended possession order from the original hearing I am surprised they have issued a new claim.

 

However in the meantime you should send them a letter stating your position and your proposal to pay the arrears - if you do have to attend a hearing then this will help your case by showing the judge that you have tried to come to an arrangement. If you need help with the letter please let me know.

 

Try not to be too stressed - we can help you with whatever paperwork needs to be done.

[Andrea51]

Hi Ell-nn

 

It states on the paperwork Notice of Commencement of Possesion Proceedings. So new claim ?

 

On the paperwork from the previous hearing General Form of Judgement or Order It is Ordered that Adjourned genarally and the claim be struck out if no request to restore received by 5.1.2011

 

I now have a copy of the letter the solicitor is sending to the mortgage company.

I also have a copy of the statements from Kensington showing that I made all the payments as promised before. To be honest unsure what to write at the moment. Could I please send it to you for your persual before I actually send it ?

 

A51

[Ell-enn]

Hi Ell-nn

 

It states on the paperwork Notice of Commencement of Possesion Proceedings. So new claim ?

 

On the paperwork from the previous hearing General Form of Judgement or Order It is Ordered that Adjourned genarally and the claim be struck out if no request to restore received by 5.1.2011

 

I now have a copy of the letter the solicitor is sending to the mortgage company.

I also have a copy of the statements from Kensington showing that I made all the payments as promised before. To be honest unsure what to write at the moment. Could I please send it to you for your persual before I actually send it ?

 

A51

 

Who's solicitor is sending a letter to the mortgage company?

 

Yes, you can send the letter to me at [email protected] (there is no space between the c and o, the site just shows it like that for some reason). Let me know when you have sent it so I can log in and take a look

[Andrea51]

Hi Ell-nn

 

Sorry the letter is from my solicitor handling my accident claim. They are an old established firm and the solicitor herself has had a large amount of experience in handling claims in London. They are quietly confident in my claim.To be truthful not sure if the letter will help or hinder. Will send you a copy.

[Andrea51]

Hi Ell-Enn

 

Have sent you a copy of the solicitors letter for your perusal. Any comments would be great.

 

Andrea51

[Andrea51]

Hi Ell-enn

 

Have not been here and not dealt with this to much as no computer and sadly my daughter lost the baby she was expecting (7 months)

 

When do I have to hand in my defense? Do I write to Kensington as well before court date with budget sheet and offer to pay monthly sum to clear arrears.

 

Sorry still very shell shocked and seem to have lost all reasonable thinking at the moment but really need to get moving on this.

 

Kensington replied to my solicitor with a budget sheet and said to prove I can make payments. Have a site meeting next week with solicitor and insurance company regarding my accident claim.

 

Your help and guidance would really be much appreciated.

 

Andrea51

Edited August 16, 2013 by Andrea51
spelling

[Ell-enn]

Hi there, you should really get your defence into court on Monday if the hearing is on 27th - I can help you with a statement but I'm at work at the moment so don't have much time. If you can be online tonight or over the weekend we can get it done then ?

[Andrea51]

HI Ell-enn

 

Sorry not been available up the hospital with my daughter in ICU she is poorly. My blood pressure due to stress of everything is 210/105 been in coronary myself,not good.

 

Kensington phoned me Friday afternoon and wanted to do a budget sheet over the phone said I could not do that at the time as had to rush to hospital and was meant to call today its already to send to them. Discharged myself this afternoon as really need to get the defense in to the court and talk to Kensington. Should I ? As well have as site meeting with solicitor tomorrow regarding my accident and a job interview Wednesday.

 

Am sending you a copy of the letter Kensington sent to my solicitor and copies of the budget sheet I have prepared. Do I also need to prove my partner's earning's which I can do. I do nt know if Kensington watch this forum so I will ask another question be email.

 

I really do not know if I can survive till next week. Really trying hard to keep it together for the family.

 

Andrea 51

[Andrea51]

Hi Ell-enn

 

Sent you the rough copy of the budget sheet need to it put all together later today.

 

Andrea 51