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Kensington SPO ***Resolved***


markez78uk
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Hi, they can apply to the court for an eviction warrant at any time if you breach the court order - they do not have to tell you but they may have the decency to write saying they are applying to the court for the warrant (don't hold your breath) - the next thing you will know is that you get notification from the court of an eviction date and that's when you apply for a hearing to get it stopped (as you know from past experience).

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ok thanks ell

will ride the storm

mostly my fault for missing the july payment - but also very miffed the way I have been treated and the fact they wot tell my why the cmi after the redress had increased

 

I hope I not being thick - but cmi was £541of which included arrears and charges and was incorrect and they were ordered by the FCA To rectify it and then after the re address surley after removing the arrears and fee charges it should go down ?

but it shoots up to £589 ????

 

 

then because of a libor rate change to £592

 

not sure what im missing ????

 

Regards

Thanks for all the help guys and girls

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To be honest Markez, that's not something a judge would think as a reason to miss payments under the court order - although you can mention in your defence that they have confused you with differing CMI amounts, but at the end of the day the court order was to pay an exact amount on top of whatever the current CMI is, not what the CMI was at the time of the court order. The only thing which is set in stone in the court order is the amount to be paid on top of the CMI.

 

 

Have you involved the FOS to see if they can get Kensington to give you the info you want ?

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not as yet

that's the thing I didn't have a cue what the cmi was going to be

- I asked on my letter the 19th of june and they still haven't responded with what the cmi actually is or will be :(

 

the main reason was moving jobs and having to pay back the £500 advance from 6 years ago :(

 

now im on £3000 a year more and will be paying in full on the 28th this month

- cmi +£200

 

I'm going to have to ring them - deep dread to find out what the cmi is

they lied to me in December what it was and in January this was on my complaint letter that I have just uploaded

 

October cmi was £680 which I paid

then in November they rang me and said my account was changing and the new payment would be £540 in December this included the payment towards the arrears

 

I paid £600 I then paid £540 in January

- nothing was said then they called in February and said I hadn't paid what was agreed and the arrangement was cancelled

Edited by dx100uk
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I think the best thing to do is pay the extra on top of whatever the last notification of CMI was and then wait for the next notification

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I will

should I write to them ? to advise I will be paying the full cmi and arrears on the 28th august

because they didn't reply to all my complaints on my letter -

Regards

Mark

 

I think I have made a big mistake trying to be stubborn and clever with my complaint letter ? I was just so angry

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What is the last amount of CMI they notified to you (NOT including the payment towards arrears set by the court).

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I will

should I write to them ? to advise I will be paying the full cmi and arrears on the 28th august

because they didn't reply to all my complaints on my letter -

Regards

Mark

 

I think I have made a big mistake trying to be stubborn and clever with my complaint letter ? I was just so angry

 

 

Markez, that's not a good enough excuse to withhold payment - and I'm sure you know that!

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it changed all through june - after the re address they said £589

but changed it to £592.98

 

Wife has said they have applied an arrears fee of £30 and enforcement fee of £60 onto this months balance :(

 

so I presume the eviction will be going ahead …

arghhh

 

- should I write to them to advise I will be paying in full at end of august

along with asking why they didn't reply to all my complaint points

reason for the non payment mainly down to job swap and payback of advanced monies

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they cant add anything!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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all letters are now in one PDF in date order in post 680

 

thread tidied too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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it changed all through june - after the re address they said £589

but changed it to £592.98

 

Wife has said they have applied an arrears fee of £30 and enforcement fee of £60 onto this months balance :(

 

so I presume the eviction will be going ahead …

arghhh

 

- should I write to them to advise I will be paying in full at end of august

along with asking why they didn't reply to all my complaint points

reason for the non payment mainly down to job swap and payback of advanced monies

 

I would be prepared to go to battle with them again, and I'm afraid that it would be really hard to defend using that reason. They could argue that you had not taken reasonable steps to avoid this. Didn't you know you had to repay the 500 at the end of your employment?

 

Not what you want to hear but it's better on here than from a Judge, at least you will be prepared.

 

I wish you all the luck in the world, but everyone you miss a payment you are right where this horried company want you...back in court defending an eviction.

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true and I cant thank you enough

my own fault I know - and I appreciate al the help I can get - its so nice to be able to get the help and advise along with someone to listen ,when you are in dire straites,

thanks guys

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Whatever you do Kensington will make you angry, my suggestion is that you bite your tongue, focus totally on paying them to bring things up to what the Court ordered and catching up with payments.

 

Go kick a bucket if you feel anger, but just keep your focus on what the lads and lasses here are telling you - 'forget about taking them on' - this is deep pocket tactics - they have more money to waste on litigation than you and their responses just adds charges to your account and making you even more in hock to them - they'll charge you every penny of whatever you throw at them so get into the mindset of following the rules and if you have a grudge, wait until they are paid off and then hit them when they can't add their costs to your mortgage.

 

Don't keep playing their game or into their hands like this - just focus on the money, pay it and get the hell out of their grips as soon as you can. Then pick your fights on your terms, not theirs.

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Perfect advise. PLEASE follow it.

 

true and I cant thank you enough

my own fault I know - and I appreciate al the help I can get - its so nice to be able to get the help and advise along with someone to listen ,when you are in dire straites,

thanks guys

 

This is not about fault, this is about putting yourself in the strongest possible position.

 

You are in a revolving door of missed payments >court> missed payments.

Edited by dx100uk
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thanks a lot - its a great help and keeps me going !!

ive asked my new boss to pay them straight out of my wages starting end of august

and hes fine with that .

should I advise kennys this

 

Hows that going to work ?

 

Is it not already on DD and the arrears should be on SO ?

 

Why do you want to advise them ?

 

 

Andy

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ive asked my new boss to pay them straight out of my wages starting end of august

and hes fine with that .

 

I'm not so sure Kensington would accept being paid by a third party to be honest - all to do with Money laundering unless it was by an Order of the Court. You have to ask them, but they'd want your employers bank details and go through all kinds of checks to ensure the payments are safe.

 

I can't see Kensington accepting it, it's not as straight-forward as you might think and you'd be better keeping your employer at arms length from your personal financial issues, never a good idea to involve your main source of income provider no matter how good your relationship is.

 

If this were me, I'd get it paid into a separate bank account if you don't want it tied up with your normal finances and set a Direct Debit up from that, or better still as I don't like direct debits and the problems they cause if you get a day late in being paid, set up a payment and pay it a number of days earlier than it is due to avoid any possibility of it defaulting which attracts fees.

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When I was helping an employee where I work to defend an eviction he asked us if we could pay his mortgage direct from his wages, which we agreed to. I wrote a letter confirming we would be doing this and put it with his N244 - the judge was very happy with what he called "employer support" and the lender's solicitor didn't bat an eyelid at the hearing (we didn't tell them in advance) - this went on for nearly 5 years until his arrears were paid (I think it was Blemain) At the end of the day all the lender sees is that a payment is made against the account number.

 

 

However, if you have another account that the money from your wages could be paid into solely for paying the mortgage then it's not a bad idea.

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good morning , hardly slept last night :(

thanks for the above

no dd has been setup in ages - as you said sometimes it takes a few days to be applied to the account I always found paying on kennys online web system was pretty instant

I have opened a bank account last night - not a great one (bad credit) cash card but it allows direct debits so I will write to Kenny's and give them my new bank details when they arrive

, I will also ask them on the letter for there account number and sort code so I can set a standing order up for the arrears payment ,

 

they text me again twice yesterday stating I call them

Regards

Markez

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Respectfully request, given the circumstances, that everything be kept in writing - keep a file and keep copies. No phone calls, no texts, no calls at work. So long as you respond to letters and not ignore them you should be fine. Once regular payments begin, you shouldn't be bothered by them too often anyway thereafter.

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super thanks

I will get a letter drafted upto day

I will advise payment be made end of august going forward

also ask for account number and sort code

anything else I should put - (after the right mess I made with last letter)

Regards

Markez

 

*Dreading the letter of eviction from them *

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