Kensington SPO ***Resolved***

[AndyOrch]

The following is probably more relevant......in response to the last letter you uploaded.

 

http://www.housingrepossessions.co.uk/applying-stop-evictions.html

[markez78uk]

im being honest - im really scared right now

and feel so worried and desperate

I will call them tomorrow

Regards

Markez

[Ell-enn]

Do you have the last income and expenditure sheet you did for the last hearing?

[markez78uk]

hi ell yes

I need to update it tho to new wage and I have managed to clear some council tax stuff

[Ell-enn]

OK, well don't leave anything much left over or they will want it towards the arrears (even though they know only the court can set the payment and already have). Have the sheet in front of you when you call them and if all it takes to stop the eviction is going over the I & E then it may be worth it. If they say they want more than the amount court order stated each month to stop eviction, then end the call by saying that they are trying to over-ride what a judge has set in court and you will be reporting that matter to the court forthwith.

 

 

Your call - but it might be worth trying to stop the eviction without going back to court - we can then focus on fighting the other battles you have with them - but the most important thing right now is the roof over your head!

[Ell-enn]

By the way - you haven't had your first new salary yet have you? so you would only be guessing at what the figure will be each month............... the more you earn, the more tax & Ni & pension you pay......

[markez78uk]

yes ell its the most important thing

thanks so much . I will call tomorrow -day off and let you know what they say

kind regards

markez

 

no I get my new salary at the end of this month

[Ell-enn]

Well, as you don't know how much it will be, just work on current figures.

[markez78uk]

ok no problems

thanks ell-enn so so much

[markez78uk]

So I'm calling them in about 1 hour ...just tried and I've been on hold for over 20 mins presume it's dinner time . I will update when I can get hold of them ..

Regards

[markez78uk]

* so I have just come off the phone 1 hr 11 mins

 

I asked if they had got my letter with the proposal they said yes

 

I asked what I can do

- they said nothing because this will be the 6th eviction the only way to cancel it would be to pay the full arrears balance before the eviction date

 

I asked why they hadn't replied to my letter asking for

capitalisation,

payment holidays

what the actual cmi was ?

and advising I would be paying end of august

I sent this letter on the 30th june

 

after the rep placed me on hold for 30 mins and asked the complaints department

 

they state the reply was in the final complaints letter response letter as follows

 

you are unhappy that we require income and expenditure

- My complaint was im unhappy every time they phone me I have to go through income and expenditure

 

Please be assured that your comments are appreciated, however if an account is in arrears and/or our customers financial situation has recently changed , we are required to obtain a full picture of the situation by asking appropriate questions .

 

if it then becomes necessary to set an arrangement to clear any outstanding arrears over a set period of time .

 

it is important to understand that certain information needs to be obtained from you before we are able to assess your case and are an arrangement .

 

this is inclusive of your income and expenditure details which are required to ensure that you are able to afford any arrangement which may be put in place .

 

The call handler stated If I had called up with the income and expenditure they might of been able to do something

- but the account is past that now and they need full arrears !

which is amazing !!!! NOT !!!

 

since that letter was dated 28th july and I got it on the 2md august and they asked there solicitors to apply for eviction on the 1st of august !

 

and as that's a final response so there's nothing else I can do you would need to forward this onto to the FOS as at this side the complaint is closed

 

and because they asked me for the full picture (as in the above ??) and I didn't call there is nothing they can do

 

I told him that the above statement was inline with a complaint - not an answer to my questions - he said sorry nothing they can do

 

he then put me on hold for another 20 mins while speaking to complaints department

the account isn't applicable for a payment holiday

 

and he emailed the capalisation team - and that's not applicable either because the account is interest only

 

came back and said sorry the only option to stop is for full arrears .

 

but recommends I put in an application to the court to have an application hearing :O to cease the action on the account

 

I stated can you put a note on my account im paying full cmi and extra £200 at the end of this account

 

I also asked to be put through to direct debit team

- gave them my details and they setup new direct debit to go out end of this month

- I decided this best way so it goes straight out of account

 

I then asked why the cmi rose 3 times in a month after the FCA Re address

they checked the r ate change and said its because of an external event

- this sometimes effects you sometimes doesn't ?

 

AFTER I EXPLAINED THAT IT HAS RISEN FORM £541 TO £544 TO £589 TO £592

they stated I presume this is part of your complaint MAY I ASK was there as response submitted to you ?

 

I said no it didn't explain as they missed loads out and didn't enclose the statement

he said

- to be honest with you I would of re submitted a complaint for you but because im forwarding it to the fos then that's going to get it to answered for you and that will get it clarified

 

he said you are asking a question as even tho he had been there a few years it it something he wouldn't normally answer on the phone it something I would have it investigated it you had put this on my plate id be wanting that to get investigated its something I can answer on the phone ?

 

he then said BUT THE OBUNDSMAN WILL GET IT CLARIFIED FOR YOU THATS FOR SURE

I replied I will probably lose the house by then - he then said have a good day take care now ....

 

And yes I've recorded it all

so eviction date will be coming

GOD HELP US

 

*I stated can you put a note on my account im paying full cmi and extra £200 at the end of this account

 

sorry meant

I stated can you put a note on my account im paying full cmi and extra £200 at the end of this August

 

* also meant as even tho he had been there a few years it its something he wouldn't normally answer on the phone it something I would have it investigated it you had put this on my plate id be wanting that to get investigated its something I cant answer on the phone ?

 

oh and they text me at 11.20 and about 15 mins ago

 

stating please call ASAP WE NEED TO TALK TO YOU ABOUT YOUR ACCOUNT

god I feel so ill

 

im going for a walk down the prom to try and clear my head

 

What shall I do now ? Await the eviction day ?

Thx

Markez

[Ell-enn]

What shall I do now ? Await the eviction day ?

Thx

Markez

 

 

That's all you can do now Markez, you've tried to reason with them but you got nowhere. We'll just have to make sure we get the very best defence we can. Leave this all till tomorrow now - no good going over everything again you'll just wind youself up. Take some time to get things straight in your head - you will need to follow instructions and advice as we go along, so you need to be clear about things.

[AndyOrch]

They have to get permission of the court first by way of an application...and you must be given notice...otherwise you can set it a side

 

The Civil Procedure Rules state at Part 83(3)(e):

 

"A relevant writ or warrant must not be issued without permission of the court where-

(e) under the judgment or order, any person is entitled to a remedy subject to the fulfilment of any condition, and it is alleged that the condition has been fulfilled..."

 

The argument was that the warrant of possession is the 'remedy' and the 'fulfilment of condition' required to be demonstrated first is the breach of any terms of suspension. This effectively means that, before a warrant can be issued, permission must be obtained from the court.

 

For the avoidance of doubt, it will only apply to suspended possession orders and not outright possession orders.

 

The relevant case is Cardiff City Council v Lee [2016] which was decided in the Court of Appeal.

 

Its all in the link I provided yesterday.

 

 

Andy

[markez78uk]

Thanks ell I will try and clear my head .it's bouncing off walls .

Can't belive the call handler said I would suggest getting an application applied at the court to cease any action ..that has thrown me for 6

 

Thanks Andy

God it's scary ...speak to you guys soon

[markez78uk]

Good morning

I feel so down and ill

the panic is setting in and I'm struggling

thanks so much for the support guys it keeps me going

Regards

[andrew1]

I know this is not what you want to hear Markez, but I'd seriously consider nipping into an estate agent and getting the house on the market as a precaution and this might buy you time.

 

Taking the facts as I see them, this is an interest only mortgage so the main capital is still sitting there outstanding - Do you have any kind of endowment policy sitting there to cover the capital when the mortgage period expires?

 

There are c20k of arrears which you are catching up on, but the Judge has limited powers with regards to giving much leeway.

 

Kenny's will be pressing for repo.

 

Do you have much equity in the property over what you owe Kenny's?

 

An empty house is subject to vandalism so the property sale price might be effected if empty and therefore the equity is diminished. It's a point to argue in your favour if they get you in court. Try and avoid eviction at all costs, better sell if the worst case scenrio happens and if the house has been valued and on the market (you don't have to sell if you can come up with an alternative and get through this, but it shows the court you are trying to save what equity you may have left). Kenny's legal costs will be something of a hefty cost too remember.

 

That'll all stack up in their favour when they are trying to prove you can't afford it. - You just have to prove you can and that you can make significant in-roads into the arrears if you can convince the judge to go with you.

 

It's tough, but don't be too hard on yourself, it's no consolation I acknowledge, but as I said before, this is Kenny's business model and that is what you're fighting here. To fight against it is damned hard for even the hardest fighters out there. If you do get an order against you, which we pray you don't, then keep your head held high - it's the Sub-Prime system against you, not your own human failings. Thousands get behind for all number of reasons financially, you are not alone in that and these leeches suck the life out of so many. You will find a way through this, it's not the end of the world, just the beginning of a new one. Build from day 1.

 

Sorry to be focusing this post on the worst outcome, but get things into your mindset for all eventualities.

 

"Keep a positive mental attitude through the assumption of a negative result"

 

Keep strong.

[markez78uk]

Thanks Andrew 1

the equity is possibly even at the moment the balance including the arrears is 134,000

the house is valued between £130-145,000

if I can clear the arears - the balance would be £114,00 so there would be equity

there is 18 yrs 9 months left on the mortgage

the plan for the future is to try and get these arrears down and gone in the next 7 years and then go on repayment

 

 

our credit file should be clear and sorted by late 2019 - apart from kennys - however they removed the account from my credit file in may after the FCA Findings and haven't put it back on as yet

 

as they reported I hadn't made a payment on the account since 2007 as I was in arrears and on interest only - it was really dragging the credit account down ,

 

then hopefully late 2019 we can approach a real mortgage company and re mortgage

 

also my parents have a house worth 250,000 that will be left to us - hate to say it but that's how life rolls (they are in the late 80s now )

That's me being honest and that's our plan

 

Regards

markez

[andrew1]

Forgive me touching on sensitive subjects, but as you say, this is how life rolls and we need to look at all options -and I mean all and sadly right now.

 

I don't suppose your parents place could be considered for an equity release scheme to raise the capital to clear all your arrears is there?

 

I'm not in favour of Equity release generally for these purposes, but it's one possible option you may wish to look at. Of course, I don't know all your family circumstances, but I'm clutching at straws now in the event the Court go against you.

 

Sorry, me and my costs issues won't go away I regret. You may find that with all Kenny's litigation costs added you may find yourself in negative equity and I would suggest right now -like today, applying to Kenny's for a redemption/settlement statement to pay the whole mtg off and get a full figure including all costs. That way you will know exactly what these legal costs will amount to.

 

Call them (I don't normally recommend that as the others here don't so keep to subject matter of the call) and ask them what the redemption figure is, they won't know why you are asking and may think you've been talking to another mtg provider to pay them off - don't tell them why, just ask them what the figure is, they'll confirm it in writing and it'll stand for 14 or 30 days (can't remember now exactly how long), but it won't matter as you won't be paying this off right now in any case so it'll just expire and be forgotten about.

 

You need to know the redemption figure, including any litigation or any other costs to date. There may be more to come of course with the next court hearing so you'll be able to factor that in later, but at least you'll know exactly where you stand as of today.

 

That's the figure Kenny's will present to court and be asking the Judge to Order and you need to know too. I don't think you do right now so prepare yourself for a shock.

 

That'll bring the reality to the fore and tell you what your chances of success are. This is what the Judge will be looking at for sure. He'll see you haven't got a lot to play with. We need to prepare you for the best case scenario and the worse case scenario and you need to prepare for the worse just in case.

 

Hope that helps.

 

Andrew

[markez78uk]

Thanks Andrew , I will try and call them this afternoon

trouble is they take you round in circles for 30 mins before you get any answers

my parents are on a very low pension and my Dad is VERY ill so I haven't burden them with anymore troubles

 

I really cant ask them and I will have to ride the rollercoaster myself

I really do appreciate your input I really do -

 

 

I feel so low and cant get it out of my head I'm struggling

Regards

Markez

[Ell-enn]

I think Andrew has given you some very good advice, I too was going to suggest trying to sell the house and also be looking at somewhere to rent if the worst comes to the worst. With all the previous applications for eviction and the amount of arrears a judge may well think that enough is enough... brutal I know, but I'm sure you've thought of this yourself. You really need to have a safety net.

 

 

I know you say you can't ask your parents, but have you thought how they might feel if you do end up losing your home and they could have helped stop it ?

[markez78uk]

hi ell

unfortunally I cant ask my parents - I have asked in previous times and been denied by them

 

without going into to much detail they helped my sister 3 times from 3 divorces and they lost everything (monies ) buying out the ex partners and things ..

 

I've just spoke to a mate who said he will lend me the missed july payment monies - should I call Kenny's and ask if they will accept the missed July payment and cancel the eviction ?

regards

Markez

[andrew1]

You are feeling low because you don't have immediate answers or cash to put things right and the feeling comes from a degree of helplessness. Somehow, you have to draw on your inner strengths, not just for you, but for those around you who are looking to you to remedy this.

 

You have skills, qualities, achievements in your life no matter how big or small which make you the person you are. The reason people love you and support you. Take a reflection on what those things are and then tell yourself you are bigger and better than these dross you are dealing with. It won't necessarily save your home, but it'll help you keep your self respect because this is NOT your doing, keep telling yourself that and build on it. It's the system you are fighting and it's a big system which is extremely difficult to beat-they have plenty of patience and plenty of deep pockets to insure they win most of the time. That doesn't make you any lesser a person. These companies are run by people and it is those people, not necessarily the companies who are the lesser people and it is the people who you need to let the judge know who are bringing you to this point. Thoughtless, antagonistic, arrogant, couldn't care less kind of people who work to rules and targets without any thought for what you may be going through.

 

They have the upper hand because you are in their control zone, but just think for a second how things might change that position somewhat once you are free of them?

 

If they do take your home and you end up somewhere else, be it Council or rented, does that make you a lesser person? No, you've just levelled the playing field and rather than dealing with these people (and that's all they are) on their terms, you can now play them any which way you like. Take them out of their comfort zone if you feel you have issues to take up with them and money to reclaim or drop them from your mind from day 1 and rebuild.

 

I chose to fight some of my issues once I had my freedom from the stealth and arrogance that comes with them, first I found over £2000 worth of legal charges added to my mortgage (because they can) for DSAR's which should have only cost me £10 each back in 2008 and 2010 when I sent the DSAR's in.

 

I picked my fight and did it my way rather than theirs at a time when they couldn't add their solicitor costs they employed to fight me off onto my mortgage any longer. Took me a year to fight, but I picked up £3700 with the assistance of the ICO who supported me. They (the bank) sent my Data to their solicitor to cleanse it before dispatching same to me, but charged me for the pleasure. I would never have known had I not dug deep into what they'd done. I have a whole swathe more but I am picking my time and my fights on my terms not theirs.

 

As Frank Sinatra said ' I did it MY way!" - you can if you're up for the fight and I was, some decide to just move on and rebuild, but I have a way to go yet with what I have found out and you may too.

 

It's not ideal and it turns your life upside down, but we rebuild - that's what humans do.

 

Try to find solutions to the thoughts which trouble you, one by one. You'll get there.

[markez78uk]

wow you have just mad me cry Andrew 1

(think ive been long over due for a big cry )

I just want to get sorted what ever that may be

 

all this because I couldn't afford last month

and cant find the money else where - going forward im earning a lot more now so that's something to look forward to

 

Thanks mate - strong kind words

 

Regards

Mark

[andrew1]

Thanks, but all meant to help, don't be too hard on yourself.

[markez78uk]

so I called them

redemption will be 134,***

admin fee £80

interest £700

 

I have left the exact figure of the 134,000 as I've been told Kenny's read these posts ?

 

I also tested the water and asked if I can raise the missed july + £200 payment by the end of the week would they accept it ?

placed me on hold for 20 mins and came back and said no sorry we know you have moved jobs and let us know but because of the arrears balance and previous history on the account

we would only cancel the eviction upon full arrears being cleared

 

oh well tried

Regards

markez