Kensington SPO ***Resolved***

[northernbloke]

Speak to local court to find out definitely.

[markez78uk]

Thanks for the reply .

 

 

Spoke to court who gave me bailiff contact number

he advised eviction date is set for 12th May he has popped a letter in post today .

 

please could I have help with the n244

(good news is I can make the 28th proposal they declined payment on my account ) cmi + 200

 

They did apply on the 1St April for the warrant

the letter dated 12 th April stating they are trying to work with me and contact them by phone to avoid any further action advising me proposal was declined was a load of codswallop .

[Ell-enn]

Hi, I'll take a look over the weekend but I have some commitments so it may be Sunday before I can start to draft anything.

[markez78uk]

That's lovely thanks so much .

 

I'm really mad as they called me end of March and didn't write declining March offer !

day later I got solicitor letter !

 

 

Thought they had to give me 15 days notice

Recorded phone call stating they would only cancel eviction on repayment of full arrears.

 

after the proposal you kindly helped me with I'm being advised they want to work with me and repossession is a last resort.

The letter dated 12 days after solicitors eviction letter

Reads.

 

We have considered your offer

unfortunately it's been declined as your income and expenditure shows non essential items are being prioritised.

 

You should continue to pay as much as you can afford towards your mortgage

in the absence of an arrangement

and where the arrears are increasing .

we may instruct solicitors to commence possession proceedings .

 

 

should proceedings be commenced any costs will be added to your mortgage balance and attract additional interest until repaid.

 

Taking repossession action is a last resort and we wish to work with you to try to avoid this .

I strongly recommend you contact us on the telephone number asap to discuss alternative proposals ...

End of letter.

 

I called that evening which is posted above and was told senior management wanted full arrears and that's the only way eviction warrant would be canceled !

That was applied for on 1St April

[Ell-enn]

what non essential items do they think are being prioritised ?

[markez78uk]

They didn't say as this was on the letter .

 

 

When I called the handler just said can u pay all the arrears ?

 

 

I said no reply was well we instructed our solicitors end of March to go for eviction warrant And the person dealing with the account wasn't in .

 

She then stated senior management make the decisions and the only way to stop eviction was to clear arrears in full .

 

This contradicted the letter I received .above .

 

They keep wanting me to call them ! But I've been advised to do all by writing !

 

How can they advise me they may go for reposessuon even tho they did 12 days earlier ?

 

And state they are trying to work with me to call them and discuss alternative proposal .

 

 

When I call they say can u clear arrears in full ?

No well then we are not canceling the warrant !

 

Arggggg I give up .

[dx100uk]

Kenny's will always say the person you want is not around.

its part of their script.

 

 

dx

[markez78uk]

Not sure what to do now .

 

I'm paying them on Thursday

bailiff said its 12th May the eviction date .

 

Shall I put another offer in for May ??

As I'm paying what I proposed for April !

And arrears will have come down since original solicitor letter .

Or should I just hand n244 in and hope judge sees I can afford my proposals

 

Again the bailiff has stated the eviction is on wife's maiden name ?

Do I have a stance on incorrect paper work ??

 

eviction warrant arrived today 12 th may

I have letters of Kenny's credit department stating phone them to discuss proposals as they want to avoid eviction and work with me.

 

when I ring they keep stating unless u clear full arrears they won't cancel eviction and it was applied for 1St April but these latest letters are dated 12 th April

 

Solicitor and ballif warrant addressed to wife's maiden name !

We got married in 2008 and her marital name is on mortgage account

Starting to really panic now

[caro]

Keep off the phone. You've made your proposal and everything is in hand to fight the eviction. Pay what you have proposed on the date proposed to show the court you are doing as you said. If kenny's refuse the payment, keep it in a separate account if you can and be prepared to pay it on the day of the hearing.

 

Ell-enn will be back to you tomorrow so everything is in hand. The judge won't evict you if you have a realistic proposal to pay the arrears.

 

If it hasn't been mentioned already I'd ask the judge to order that you are not ordered to pay kenny's costs as you have done all you can to resolve this without the need for court action.

 

You have done everything you can for now so try and relax a bit.

[markez78uk]

That's lovely advise thanks caro

 

Can I claim back the fees for submitting the n244 ? Just a question ?

 

Sending off letters to ombudsman today as well as I had a complaint with them regarding blocking wife's card to make payments .doing it again online payment

 

Seeing that the warrant and solicitor letter are in her maiden name ,this is why !

As card is in marital name and Kenny's won't accept 3Rd party payments .

 

They told ombudsman they would update the details as they had our marriage certificate on file .

 

They where also orderd to pay back all the fee including £18 fees they keep charging for missed direct debits even when there is no direct debit on the account !

They have slapped the fee on my statement for last month

 

It's back to square one.

[Ell-enn]

Hi Markez, I'm just finalising your defence statement for the N244 - was it you or your wife who couldn't work in Jan & Feb due to the workplace being flooded ?

[markez78uk]

Was my wife.

Thanks ell I'm so nervous now

[Ell-enn]

OK, Can you please take a copy of -

 

the letter you sent on 8th April

their reply

Your budget sheet

 

Write your names and the claim number on the top of each of those

 

 

 

 

Also Affixed is the N244 and the instructions for filling it in are below:

1.Names

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'll be back shortly with the statement.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

Edited April 25, 2016 by Andyorch
New link provided

[markez78uk]

Thank you

The bailiff has hand delivered the eviction notice today (we have already got one through the post ) they granted eviction on the 7th April however Kenny's letter dated 12th declining my proposal stated they want to work with me and if no agreement is agreed they may instruct there solicitors to apply for eviction ???

[Ell-enn]

I know it's confusing but that's just what they're like - I have mentioned all this stuff in your statement and the judge will be able to see they don't know what they're talking about.

 

 

Can you also take a copy of the letter from your employer regarding your pay rise in June, same as the other documents can you put your names and claim number on the top of the copy please.

 

 

Let me know when you have done the copies and filled in the N244 - I will then send you the statement and further instructions to put the pack together.

[markez78uk]

Hi ell

It's July I get the payrise

Regards mark

I will be doing all the forms tonight

When I get in from work

[Ell-enn]

OK, my mistake - you need a copy of the letter re your pay rise in July.

[markez78uk]

Did I mention they sent solicitor letter end of Feb threatening eviction but with drew it beginning of March as they sent my account to Kenny's specialist services also the arrears where wrong on the solicitors letter can I use that swell ??

Regards

Mark

[Ell-enn]

Mark, if we had to include every situation in your statement we would run into several pages and the judge simply wouldn't read it all - these hearings are only allocated 10 minutes so it's important to get the case across as clearly as possible, writing a rant of everything the lender has done wrong won't help. We need to keep the most important facts to the forefront, the main one being that you can now make your monthly payments and something towards the arrears, together with their shoddy treatment of your attempts to come to an arrangement.

[markez78uk]

hi ell sorry to be thick !

what do I put in the top right of the n244

regards mark

 

*sorry for the rants **

just seen your above post

regards

 

where it states - suspension of eviction can I ask the previous suspended possession order to be changed ? eg a collective amount ? not cmi + £amount as kennys keep putting cmi up ?

 

STRUGGLING WITH N244

what to put in the fee account no:

claimant name & ref is this kennys or eversheds solicitors ?

Defendant name - I know that's me but what reference to put in ?

so so sorry I'm not with it on this form

 

I filled 80% n244 in

just struggling with the above

[Ell-enn]

the information you need should be on the eviction warrant i.e. Court , Warrant no, Claimant, Defendant,

 

where are you seeing "fee account no" ?

 

where it states - suspension of eviction can I ask the previous suspended possession order to be changed ? eg a collective amount ? not cmi + £amount as kennys keep putting cmi up ?

 

No - the judge cannot tell the lender what the contactual mortgage payment should be, only what you should pay towards the arrears.

[markez78uk]

3rd box down under claim number

it also asks for defendant ref ?

 

Ell Can I email the n244 to you to see what you think

Regards mARK

[Ell-enn]

Yes ok, will take a look

[markez78uk]

done thanks

[Ell-enn]

OK, ignore the fee account

 

Is the Claimant name not on the Warrant ?