Kensington SPO ***Resolved***

[markez78uk]

ok thanks

yeah the arrears are 21k but this includes the £592 for the missed payment

and i will be paying £792 on the 28th of august

 

and i sent the letter thanks so much ell

i take it i deffo shouldn't call them

[andrew1]

Looking at those two letters from Kenny's and the solicitors, I might be tempted to ask Kennys when you next write (wait for the time being for the responses to your letter) to confirm there are no costs being added to your Capital balance without any advice to you for the employment of these solicitors or any other third party costs.

 

Just bear in mind what I mentioned previously that these costs get added to your account without notice to you and without any opportunity presented to you to pay any of these costs off so you don't have to pay interest on them over the next 25 years or however long the term remaining is.

 

You need written confirmation there are no costs you don't know about going on that capital balance and if there are, then you need to put into writing you are to be informed of them, with a complete breakdown of what they are for in order that you can mitigate the effect on your finances of interest accruing on those costs.

 

We don't like surprises when it comes to being ripped-off now do we?

 

Wait for the response to your letter as Ell-enn suggests and see once you have set all this up and started making payments how you can fit that question in to them. Don't jeapordise the current situation by asking now, pick your moment when things have settled, but you need that question answered. " What costs are being added to the capital balance that you are not advised of, if any ? ".

 

You have to treat Kennys like a one-armed bandit which lets you use an open ended credit line on a credit card instead of cash and who then won't let you out of the arcade until you've paid every penny off. The machine just sucks every penny out of you too!

 

Sleep tight.

[AndyOrch]

Very good

[markez78uk]

Thanks Andrew1

Awaiting the response from kennys

I feel a bit better now seeing the line - we will cancel the eviction if we can agree a payment to clear the payment arrears

[Ell-enn]

Might be an idea to email them and say you have received their letter regarding coming to a payment arrangement but you have already sent them a proposal which you hope they will respond to quickly. If you didn't email the letter yesterday then attach it to this email.

Make sure you have a correct email address for the right department that needs to know about your letter.

[markez78uk]

Morning ell.

I don't have an email for kenny's.

I had an old email address ,but they have said they don't deal with emails in the past .

Should I send abother letter asking them to respond quicker ??

Regards

Markez

[honeybee13]

Hi Mark.

 

 

I don't know the answer to your question, but I've let Ell-enn know that you have a question. Please bear with us, I'm sure she'll be along soon.

 

 

 

HB

[markez78uk]

Thx HB

[markez78uk]

The solicitors have sent another letter dated the 6th

It states ..we refer to the hearing which took place in 2007.

An order for possession was granted suspended upon payments of the current monthly instalment together with £100 each month to reduce the arrears. That's not my typo ! The order is for extra £200 !! They can't even get that right !!!

 

As you have not complied our client has instructed us to enforce by applying for an eviction date to be set ..

 

Grrrrrrr

 

I will upload the letter later this evening .

Regards

Markez

[Spudzulu]

The real issue is that you have not maintained it.

It's two minutes since Ellen told you not to miss one payment or they would be after you, and here you are.

 

There will come a point where you run out of chances, despite the excellent advise on here.

I fear that time has come, you just can't go round in this big circle.

 

I genuinely wish nothing but the best for you, you need to take care.

Edited August 12, 2018 by dx100uk
quote

[markez78uk]

I know and it makes me feel so down .

 

I have missed 1 payment to and I'm trying to make it up

...I really am .

..oh no I don't know what to do it churns me up so much

 

Regards

Markez

[honeybee13]

Mark, have you considered taking financial advice to organise your finances so that you always make the mortgage payment? Or is life more chaotic than that?

 

 

HB

[markez78uk]

Hi hb

I wrote to them to ask if I could have a payment holiday for a month and also I advised I was moving jobs .

they ignored me and didn't reply .

 

Im only in a mess because I moved jobs to a better paid job and old company took £500 off my wages when I left .

.I just hope a judge can see I have tried all my best to advise Kenny .

Who didn't want to know and just went straight for eviction

 

also the arrear were just over £30k when I went to Court in 2016 they now stand at 21.1k and I will be paying £792 in the next 2 weeks so will be down to £20.3k approx .

 

Kenny's just won't listen and pass me from pillar to post and lie when I call them ..

they tell u different thinks each time u call …

 

I haven't called them and they keep sending letter saying to call them ASAP and texts to say call them ASAP

I have written to them but they keep ignoring my letters .

 

We are financially stable now with the new job and can't wait for the day I can leave these criminals ..

I feel so so down and dread each day to day .

Markez

Edited August 12, 2018 by dx100uk
spacing

[honeybee13]

It must be hard.

 

 

I was thinking more of an independent advisor, maybe the CAB, who can give you tips on organising finances and maybe, once you're back on an even keel, building up some kind of fund to dip into for the mortgage in the event something unexpected happens.

 

 

HB

[andrew1]

Mark, it's not over yet and isn't until the fat lady sings!

You still have a chance even before any eviction to convince the judge of events which appear to have improved somewhat since 2016 as you say, but I know I go on about this over and over

- there are costs gathering apace behind all these actions and if you are going to find yourself in court again, that's the time to bring this frustration of yours to a head and lay it to the judge that life would have been so much better if Kennys had been giving you some forbearance and actually answered your letters.

 

If it's possible, can you make some kind of schedule of letters you've written, the key questions asked, the length of time you waited for a reply before having to write again?

 

You are going to need hard evidence of all this to lay in front of the judge so that he can take one look and see how unhelpful Kennys have been. He needs to know what difference it would have made to you at a time you and your family were under so much stress.

 

I'll come back later, but get this started as soon as you can because it will make a difference.

[Spudzulu]

I know and it makes me feel so down .

 

I have missed 1 payment to and I'm trying to make it up

...I really am .

..oh no I don't know what to do it churns me up so much

 

Regards

Markez

 

Hi

 

Please don't feel down and allow me to apologise if I've made you feel that way.

 

You have received some gold standard advise today, and you should be encouraged by it, but you must follow it mate. Stop second guessing, no wonder your head is going around in circles. Have you spoken to anyone about how you feel?

 

There is no reason why you can't sort this, but please look after yourself.

[markez78uk]

It's fine spuds,u have nothing to apologise for,

 

Thanks Andrew ,

Yes I will start gettin my evidence together ,I have 4 recorded receipts for the letters and 4 signatures

 

I have the reply from my complaint that didn't cover everything from their reply along with the missing statement they said they had sent explaining the redress

 

they still haven't explained how the cmi rose 3 times in 10 days after they were ordered by the fca to remove the included charges and fees that were included in the current cmi ..

surely after they removed this the cmi should of gone down .

 

funny why they haven't sent a statement..I was reading that fca fined kennys for this behaviour back in 2010 aswell ..

 

I'm just stressing not knowing what's round the corner and so glad I have u guys to talk to

 

Thanks everyone for the 5 star help .it means the world

 

Ps I will upload the solicitors letter tomorrow.

cant believe they can't even get that right .

i wish it was only £100 toward the arrears each month , but it's not it's £200

 

Just wish I could sleep

at work at 6am and can't stop my head from overthinking it all

Edited August 12, 2018 by dx100uk
spacing

[andrew1]

I think the thing to remember Mark is that most of the people on this thread have either faced repo or eviction themselves, helped those facing it to get through or have a vast amount of experience travelling the journey with others going through it,

 

What you read on here is not like it was in 2006 when I first came to the forum

when there were a lot of armchair lawyers who 'thought' they knew what to do,

but some hard experience to back-up what they are saying and that includes me!

 

At this juncture, it's not about winning or losing, it's working out the best strategy to:

 

a) get your financials into a shape strong enough to support the next 6 months while getting out of this current state of affairs and

 

b) getting the right strategy and evidence together to get you past any attempt by Kenny's to obtain an eviction.

 

People do get to this stage and then put the judge's mindset into a positive mode and you have shown that since 2016 you have made some really positive steps to bring your arrears down - that's a big positive at this point in time so record that.

 

You have also, despite these horrendous worries hanging over you and the fastidious neglect of Treating Customers Fairly by Kenny's, managed to secure yourself a better paid job which is miraculous given the stress you are living through and this new job is being jepordised by Kenny's draconian stealth tactics and unjust enrichment by their unprofessional recklessness which just adds charges to your account just because they refuse to answer your letters or listen.

 

All that needs to be placed, with supporting documents as mentioned above, in front of the judge to stop this eviction and allow you to continue.

 

I'm not sure what Ell-en will recommend with regards to your next move on the solicitors letter, but just keep your faith in yourself, don't beat yourself-up about this - this is not your fault, If you had known what this company was like before you entered into this mortgage you'd have never gone near them - it's the broker who needs to be in court who recommended them in the first place (if there was one) because they should tell you what a bunch of shysters they were.

 

That's all for later, but get some sleep and try not worry, you can get through this, it'll be a fight, but you can do it.

 

Just prepare for the next presentation for the court as there won't be many chances left.

 

Sleep tight and don't be too hard on yourself. We are all here for you.

 

Andrew1

[markez78uk]

Thanks so much for the positive words Andrew1

I'm so grateful

I just hope I can get this one last chance sorted

 

please also find attached the new letter from solicitors

instructed to repo.pdf

[andrew1]

Okay, I'm not going to pre-empt what Ell-en might suggest you write back, but if this were me I'd be sending (if only for the Judges benefit when/if the day comes) to state that you have written to their client advising them of the improvement to your finances and have submitted a proposal to them with regards to bringing the account into order and advising them of your new employment which enables you to do so, but they have yet to reply.

 

I would also point out that your situation has been frustrated by the lack of responses to your 'x' number of letters sent to their client where you have tried to engage with them which they refuse to answer. Their suggestion of telephone conversations is not something you wish to undertake due to the stress it entails and the emotion involved and you have respectfully asked their client to maintain everything in writing, which they seem to be ignoring frustrating the situation all the more. not something you expected from a professional organisation such as Kenny's (God forbid the language, but you are writing this for the Judge to read, not because Kenny's deserve it!)

 

If you can get that into what Ell-en suggests then do.

 

All you are doing now is writing for the Judge to see you have made the efforts which are being ignored and to be honest Mark, remember this is all going to plan for Kenny's because this is their business model, get it out of your head this is your doing. Okay, you fell behind, but they are after your equity now and that's how they make their money.

 

If you had the equity in the property they could have looked at consolidating the arrears into the capital, increasing your monthly payments and letting you get back on-track. Not sure if you've asked them to do that without going back over the thread, but it's generally not in their interest to do that. They make their money on the higher interest rates, the wanton charges for everything and then make you pay their legal costs (as mentioned in that letter you just posted - ask for a breakdown of what they are to date) and then on the repo/resale. The business model is stuck to rigidly so people who fall foul of their ways pay heavily.

 

That's why you are not to blame for most of the situation you are in, you are just another victim.

 

Same with Swift and numerous other sub-prime lenders. It's no help to you, but these companies all operate on the same business model and have a well-oiled machinery behind them to bleed you dry and spit you out. The Courts can only go so far and you'll only get 10 minutes in Court to put your case forward to convince them to support you. Even if you get a 6 month reprieve (suspended possession Order) to show you can do it, but you can't mess up thereafter or you'll lose out. Better to sell than be repo'd believe me. Give this some serious thought. Keep a plan B in place as you can't always rely on a Judge to go your way and if eviction is rubber stamped in Kenny's favour, you'll only have days to sort yourselves out, not weeks or months, days!

 

Be on top of it, work on pleasing the Judge, but that letter you posted above provides you with the option and Ell-en may come up with a few choice words to work with.

 

Good luck, Keep strong.

[markez78uk]

Again thanks for the kind advise andrew1

I will see if ell can help me draft another letter to them .

I'm hoping I can get this months payment on the account before the eviction day

they have text me again this morning stating I need to call them ASAP

 

 

They have stated on both there letters if an arrangement can be agreed they will cancel the eviction - however they wont reply to me asking for an arrangement - so I feel that's deeply in my favour - I also asked what the current cmi will be end of july in my last letter as it changed 3 times within 10 days and they didn't even advise that .

 

 

I have no plan b apart form going to council if the eviction does go ahead - but I really hope it doesn't

 

 

*we re mortgaged back in 2006 and was advised we would be ith SMPL Who then sold the mortgage to Kensington we were happily paying the payment to be then told 12 months down the line we had been on discounted 1 year rate and the mortgage payment shot up from £480 a month to £1065 a month that's when the initial trouble started ,apparently the mortgage broker that sorted out the re mortgage forgot to put that in the paper work we signed and also stated a self certification wage for ourselves as it turns out or paye wages back in 2006 wouldn't of got us the re mortgage as we didn't earn enough as well - he ran off to dubai we know a few people who used him

[markez78uk]

Just checked the tracking - they got the letter Saturday that ell kindly helped me with - same person signed for it that signed for the letter that kennys didn't reply 2 - hope its not the cleaner lol

[AndyOrch]

https://www.wrighthassall.co.uk/knowledge/legal-articles/2016/10/26/enforcing-suspended-possession-orders/

[Ell-enn]

I wouldn't normally advise ringing them, but it might get you some clarification that they have your letter. Ring them (record the call) and ask if they have your letter - advise them that it's in response to their letter stating if a payment arrangement can be agreed they will stop the eviction - and when are they going to respond to it - DO NOT get into any conversation about payments/income & expenditure etc. Tell them these telephone calls are causing you severe stress and confuse you when they ask questions which is why you have been sending letters . All the relevant information they need is in the letter and all you want is a reply. Probably wait till tomorrow before you contact them to give time for the letter to hit someone's desk. If they say they haven't got it ask for an email address to send it to.

[markez78uk]

ok I will call them tomorrow (the dread) , thanks ell past phone calls is that they wont setup an arrangement without income and expenditure and awaiting a senior management team member to make the final call to accept or decline or they try and barter with you saying we may stop the eviction if u can pay more .

not quite sure what that link means Andy sorry I'm a bit thick

 

Thanks so much guys and girls

 

*do I have to tell them im recording the call ?