Kensington SPO ***Resolved***

[markez78uk]

Thx ellenn will get it filled in and let you know once done x I'm a mess ;(

[OLIVE.FAMILY]

Please please try not to panic. WithThe help and support from Ell-en and others on here I have manged to hold off numerous evictions and have kept my house. Just do a search for olive.family and you will see my posts dating back over the years. You are in good hands. I do really feel for you. Maybe if you take a look around at all the other success stories and hopefully that will give you a small piece of mind

 

 

Olives xx

[markez78uk]

ive been unable to pay for 3 months tho so that's going to go against me and my arrears are massive im at an alltime low ( thx for th support tho

[dx100uk]

why can you not have paid 'something' each month

 

totally not paying is never a good move.

 

you need to reclaim that additional building insurance when you already had one in place

 

you need to reclaim all those arrears and any other 'fees' they have levied you.

 

kennys cannot change the amounts set by the judge without going back to court

 

you must stop paying other debts

 

bar CTAX and util bills.

 

i'e like welcome finance [bet you reclaiming to do there?]

[markez78uk]

I had lots of payday loans that I cleared in Feb march April and

 

mortgage told me the award of arrears 2650 could be used as leui payments however then found they couldn't .

 

I have a secured welcome loan that I have now got set 0% intrest and will be clear in 5 years

 

I've been in a mega mess however moving forward

 

I'm in a much better position and hope to clear all the arrears in 10 years with Kensington and

 

Kensington decided they would only pay me half of the arrears 1325 and haven't applied them to the account

6 months after agreeing they had charged me ;

 

( I'm in a right panic ;( just filling budget sheet in and hopeing judge will be kind ;(

[OLIVE.FAMILY]

You say they haven't applied the 1325 back on your account...do you have in writing they agreed to this and statements to show they haven't paid ? I cant see a judge liking that too much xx

[markez78uk]

Yes got the offer in writting and also ststemnts showing not applied but I hqvent paid anything for 3 months judge won't like that ;(

[dx100uk]

ok listen

 

sri to lecture again

 

but you MUST IGNORE ALL OTHER LOANS!!

 

your mortgage come FIRST!!

 

unless there is anything in the judgement box

that SAYS they can levy charges I think they Cannot

 

unless the judgement was just for the arrears?

 

they should be giving you the full £2650+interest

 

did you do the spreadsheet?

[OLIVE.FAMILY]

No he won't so you are both pretty even . Is this your first ever eviction hearing ?

 

As I said before I have managed to fend off a few hearings.

 

Not something I am proud off in all honesty but at the same time could not be helped.

 

Classic case of burying my head in the sand..

 

the worse it got the deeper my head.

 

Until the eviction notices.

 

I have never been so scared in my life.

 

I done it though. ..with the help and support from on here.

 

Like I said though I went to court three times and have been threatened a fourth.

 

As long as you can show you can afford paying and make a payment of some sort before the hearing I am really.

 

sure you will be ok.

 

X

[dx100uk]

can you clarify this from your first post please...

 

the suspended possession order was issued in oct 2007 for my monthly payment plus £50.00 i think i need to dig it out as it was nearly 6 years ago i will post later the exact amount

 

if this is true

kennys have/had no right to add charges nor try and up the payments.

 

dx

[markez78uk]

I had a suspended warrant in 2007 issued

 

the monthly was £400 + £50 off the arrears

 

however ive been on interest only and the monthly now is £676.00

 

im making a payment tomo £480

 

then my offer is £850 a month starting end of june

 

they're not happy with that

 

my wife only started work in October

 

I paid £750 a month in sept, October, dec and £800 in jan

 

however as the arrangement of 3 months finished in December

 

Kensington slapped the £50 arrears fee on in jan as no arrangement was set up

 

this is when I asked if the refund of £1325 could be used to pay feb and march payment to help me clear other debts

 

filling in budget sheet as we speak

 

cant seem to download the budget sheet

 

im cacking my pants now as on starts gcse and evection date is 11th june .

 

Kensington phoned me back today and said they where till looking at my proposal I sent on the 20th may

and wanted to know why I hadent declared netflicks £5.99 on my budget sheet and sky payment

 

also they haven't sent a letter declining my proposal at the beginning of the month

 

I was also sent a letter from eversheds on the 9th saying I could have a personal adviser come round at a cost of £80 to advise

and access my situation

 

I agreed but told by Kensington a day later I couldn't and then evection notice was issued on the 15th of may

and a warrant for possession granted on the 21st of may

- they don't mess about

 

I asked for a payment arrangement in march for £800 a month and they set it at £1497.00

- have proof but they say this was an ahoc payment of £677.00 on the 14th of march followed by £800.00 28th of march

 

I got the letter dated 12th of march on the 17th so not even enough time to make a payment within a so called unaffordable agreement

 

they cancled the arrangement on the 28th as I couldn't afford what they where wanting ..

 

..sick of it -cant sleep and sat here looking to see if I can get a council house ARGGGGH

 

it works in chrome i will get filling it in now x thx everyone x olive can i kindly ask how much your kensington arrears where ? mine are £22933 thats why im worried

 

cant see where to imput my incomigs ? wages ect as it starts with state pension ?

 

thx dx

[OLIVE.FAMILY]

I have two accounts.

A mortgage and secured loan.

 

Mortgage is now 11,000 but I have consolidated once.

 

Loan is 25,00.

 

We however have finally decided enough is enough.

 

We have been fighting them since 2007 with various evictions and their blatant bullying tactics years ago.

 

We are however leaving with the knowledge that its our decision (even though we have an eviction date shortly after yours).

 

WE have decided to not fight as hard as we would usually and ask them for a different compromise.

 

We have found somewhere to live but its not available untill October

so we will be asking to put the house up for sale with assisted selling but

with a view to complete no earlier than October if someone wants to buy it.

xx

[markez78uk]

wow

 

i took mine out in 2007 also through a company called tml on the internet

 

i was pushed onto them as a remortgage my last company spml went bust

 

i cant find anywhere to live im trying but i have 3 recuse dogs and a parrot no one wants animals

 

going to local council tomo

 

my problem is house is worth £90,000 if im lucky and

 

my mortgages balance is £127,000 so im on a shortfall

 

so i leave they will chase me for £37,000 instaead of £23000 :(

 

i also have a secured loan on the mortgage with welcome finance of £14000

 

however got that fixed on a 0& intrest rate now so will have that cleared in 4 years

instead of the 16 it was 3 months ago

 

good luck olive family - have u had a suspended posession before what happened when you appeared for the warrant of evection ?

[OLIVE.FAMILY]

I went into a room...like an office. Kenny's solicitors were there (they are usually just some local firm who would have got your papers the day brfore) The judge will ask you both for your stories. Just answer his questions, take the telling off. He will then give his verdict. I was expecting a big court room at first so was really surprised it was his office

 

http://www.consumeractiongroup.co.uk/forum/

showthread.php?398831-Kensington-Mortgages-Assisted-Sale&p=4541662#post4541662

 

Take a look at my recent events with them. It could help you if you were sold your mortgage with TML

 

xx

[Ell-enn]

Is this version of the budget sheet any better Markez ?

Budget Sheet.xls

[caro]

I really do wonder about the amount of charges. If you are that far in arrears I would have expected much bigger charges, and of course the interest on them, not to mention that they should ALL be paid back. You really need a breakdown of them, and make sure that, at the very least, you mention them in your application against the eviction.

[Kenny 1]

I have been reading through your thread,

 

i too have been in a similar position to yourself with a 5 day eviction order so

 

i have been where you are now and

 

i understand just how difficult this time is for you,

 

however sympathy is the last thing you need at the moment,just some good, sound advice.

 

Firstly i would forget about charges for now (you can come back to those later after the hearing)

 

The main difference with a mortgage in relation to all other credit you take out is that your buying your home,

the roof over your head,

its where you share your life with your family,

no other debt you take out is filled with emotional ties like the purchase of your home

 

,in some ways it transends being a debt and of course its so much more than just an advance of funds for which you have to pay back,

and its that emotion that you must get out of your head if you are going to keep your home.

 

Kensington are doing nothing wrong in gaining possession of your property and serving an eviction order on you for mortgage arrears.

 

your payment history since 2006 has been at best intermittent and at worst downright appalling.

 

You have put other debts before your mortgage repayments,

whats worse you defaulted on a payment arrangement

,to be honest its no wonder you have had their arrears dept breathing down your neck for years adding charges to your account (rightly or wrong)

 

your priority debt is your mortgage full stop.

 

You need to calm down,

start thinking straight and use this paragraph as your starting point.

 

The way you have to look at this is that you took out this mortgage,

you signed the paperwork so you're responsible for paying it back and thats what this hearing will be about affordability plain and simple.

 

A judge wont be interested in the fact that Kensington are a bunch of sharks,

or a string of sob stories for that matter about what led to you being in this position,

lots of waffle will get you nowhere.

 

The facts are this,

you are in arrears can you pay it back?

how much can you pay?

and most important can you stick to the agreement you propose.

 

It will be a 10 min hearing (if that) you're going to have to show a judge that you can afford this mortgage

and be able to clear the arrears and thats not going to be easy given the history to date.

 

When i was reading your thread i thought if it were me i would throw in the towel

but when the figures are added up you could be set for 40k shortfall so repossession is a last resort

in fact you cannot really afford to have the house repossessed

so you need to tread carefully and get your facts and figures in order,

you have two weeks before the eviction date so there is time yet.

 

Using Norgen you could get away with around 90 pound a month off the arrears for the remaining term plus your 640 contractual

,lets say 750 per month,

 

i wouldnt stretch it much more than that,

in your shoes i would be offering 800 a month total but no more,

its no good putting figures forward if you cannot keep to arrangement your putting forward.

 

I reckon you stand a good chance at that but if you fail to keep to it i think you could and would loose your home.

 

If you are successful and theres a good chance you will be,

 

then claim back all those charges,

 

fight one battle at a time.

 

I have to add a p.s to the above,if in future the 800 gets too much or you fall on hard times again you can always put the house up for sale on the open market,getting the eviction set aside widens your options for the future.

[markez78uk]

thx for all your kind words and support x

 

ell-enn I have filled in my budget sheet now what shall I do next ?

[Ell-enn]

Would you mind emailing it to me at [email protected] (there is no space between the c and o, the site just shows it like that). I will look it over to make sure it's ok

[markez78uk]

just sent it now

kind regards mark

[Ell-enn]

Hi, got it - I have replied with some suggestions

 

Hi, your budget sheet is OK now. I will draft a statement to go with your N244 form later today.

 

 

Is the mortgage in joint names?

How many children do you have?

[markez78uk]

2 children age 15 and 13 yes in both names however Kensington still have wife down as her previous surname before we got married in 2008 I have sent marriage certificate off 3 times in the past - however Kensington seem to have lost it ? even tho I have sent recorded delivery twice apperntly it went to the wrong department ? thanks so much ell x

 

once done please can you explain what I need to do with the form ect as never done it before

thx so much

[Ell-enn]

You will have to take the form to your local court along with a fee of £45 in cash. In the meantime you can fill in the N244 as follows:

 

1.Name(s) both you and your wife

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

11 Sign and cross out all options except Applicant

Sign and cross out all options except Applicant. Enter your address and contact details.

I will be back later with a draft of the statement to go with it and further instructions.

 

when can you make a payment and how much ?

 

 

Are both you and your wife now in employment ?

[markez78uk]

made a payment today of £480 then I have offerd £850 28th of june and every month there after I work 40 hrs my wife 26 hours at the moment

[Ell-enn]

OK, have you got a copy of the letter they sent stating their goodwill gesture refund of charges?

 

 

Have you filled in the N244 yet?