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kensignton repo tomorrow wed 13th Nov


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Hi thanks for sorting my account activation.

 

I have a mortagae with kensngton and have £12k arrears .

My morygage is £75.000.

I had a susspended warrant granted In 2012 and ended up back in court after I paid £50 late.

 

Kensington and the judge agreed to susspend this feb following a mrs applicaton processint.

 

Before I left court kensingtin solicitor told me.

i didnt have to pay my mortgage until I appeared back in court if the mrs application failed.

 

Took me by suprise so I double checked she said the judge didnt menton payents so you dont need to.

 

I heard nothing from anyone about the mrs having to ring my council to ask what was happening an being told itsstill being processed.

 

At the end of aug- beginning of sept I was told it had failed.

I then in october received another eviction notice .

I filled an n244 form and had a court hearing thursday last week.

It didnt go well I eplained everything to the judge.

 

I have two potential buyers for the property which I told them

I had a witness statement about what the solcitor said.

i have a new job and can afford to pay the mortgage plus £80 on the norgan terms required.

I was sent way to get proof of job valuation and proof of my income and the potential buyers.

 

I have everything in place apart from buyers statements

one is trying to get the best price he can offring £60k he offered 75 at one point .

The other buyer is in spain until the day after hearing.

 

Ive sought some advice and have a statement from shelter but I just wondered if there ws anything else I can do.

 

I wish I hadn't listened to their solicitor but with her knowing abput law etc I just took her word for it.

not payong has allowed me to buy new furniture as y ex clered me out when he left.i wuld of oad otherwsr.

 

My financai situ is good and shows I can pay.

But also I have the potential buyers too.

 

My eviction is wed at 12pm hearing is at 10

 

Any exyra help woud be apprecated

Many thanks sel

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S.O.S messages have been sent out on your behalf, however, you might want to have a read of the information in the link below whilst you are waiting for help :) .

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It sounds like you are well prepared...I don't have long this morning as am about to leave for court, but will be back later this evening to see if you've had any help, and if not we'll take it from there.

 

You'll need to let us know how many years exactly to the month you have left on the mortgage - £12k is a lot of arrears but if you can afford to repay the arrears in the remaining term of the mortgage, then the judge should at least let you have another try. Obviously it will depend on the exact circumstances - such as when the original order was granted - how many times you've breached the order and so on...

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Thank you 13yrs 8 months left on the mortgage firat order granted january 2012 missed the twenty pound but later made that up. Ive justrealised I missed a payment Iin december but was makig it up in december but was to late by then. Second warrant an suspension was this feb for the mrs application.

 

Shelter have sent a letter stating things for me if you would like it sending I would be happy to forward this.

 

I have my valuation a letter from kensington which also states an arrwars fee whih in the first heaig they were told to stop .

Have my job acceptance

Witness letter

Shelter letter

And the only proof from potential buyers unfortunatly are face book messages but I suppose ts better than nothing

 

Hanks for the quick reply

Sel

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Hi Selly

 

Kensington are notorious for adding an automatic £50 fee to the account every month. They were also fined for not looking after their customers fairly in the past See here:

 

http://www.theguardian.com/money/2010/apr/12/fsa-kensington-mortgages-fine

 

Have you ever filled in an income and expenditure form? If not fill one in.

 

You need to try and get to court tomorrow morning as a last attempt to keep your home. Ask for a hearing take everything with you like your job acceptance, income and expenditure form, Shelter letter, etc. Inform the judge that you believe the arrears charges added to the mortgage account should be refunded, any idea how much these are in total?

 

Do you have any money to put down towards the arrears?

 

Did the Kensington ever offer you a repayment of interest only to get back on your feet? If not it proves that they were not very helpful to you in the early days. This is a guideline the Kensington have to follow.

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

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Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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I have got no idea how muh the costs are

the letter shelter have drafted up mentions the job my income expend form and the fees added.

 

I have just recieved this months statement from them showing a fee.

 

I wouldnt have much to pay toward it £100 roughly once I get my income support

then I dnt get my wages when I start untill the 15th november

.. Im currently on interest only which I asked for myself they accepted that .

 

I have been told about kensignton being unfair and seen the article above before.

Court hearig is at 10am it was suspended last wed for me to gather info needed required by the judge.

He did say he wouldn't be the judge attending tomorrow though .

 

Ive had a really rough time lately with a relationship breakdown friends passing on and family becoming ill.

Ive just managed to find my feet again and start from scratch .

 

I just want to prove myself and also there os the fact that I have two potential buyers

so if it was suspended I wpuld still have those interested.

I guess I can only wait for tomorrow.

 

Just need to make sure I have everythig in place

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god Kenny's as usual.

 

I cannot stress how important it is to go theu ALL the statements with a fine toothed comb.

Kenny's will add anything they can to trhe mortgage by way of fees

 

and as has been pointed out

have been reprimanded more than once for unlawful fees.

 

look for

arrears fee

letters fess

telephone call fees

unanswered telephone call fees

debt advisor visit fees

 

and solicitors fees OUTSIDE of any time the mortgage ws NOT subject to a RUNNING court case.

 

you need to list them in a spready at THEIR int rate

and present that to the judge if the you get the chance.

 

I know this is a matter outside of the current problems [as they just get taken off of the mortgage total]

but

I have had success with two instances whereby it was used to 'example] to the judge

the unlawful tactics kennys use.

in both instances he was none to pleased.

 

in one case, he actually sat down and read the article mentioned in post 8

and stopped the eviction dead.

 

hope this helps

 

some othe notes I've found on them

 

Hi

Just to let you know

.

this bunch Kensington have been fined £1.225m by the financial regulator

.

for treating borrowers who were in arrears unfairly.

.

Claim those charges back plus the interest

.

and tell them not to add any more to the account.

.

There are a few news stories here you can get the info for a letter to send to them.

http://news.bbc.co.uk/1/hi/business/8615870.stm

http://www.telegraph.co.uk/finance/p...y-the-FSA.html

http://www.fsa.gov.uk/library/commun...2010/065.shtml

http://www.guardian.co.uk/money/2010...mortgages-fine

 

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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Hi Selly

 

The arrears charge showing on your latest statement is great ammunition to use against the Kensington tomorrow.

 

Between Dec 2012 and this month there must be £550 in arrears fees you could get back,

inform the judge that this fee is automatically added by a computer and is not helping you pay back your arrears.

 

Do an income and expenditure form fully this afternoon to show the judge you can sort out the arrears,

 

do you have any children?

 

You need to get an emergency hearing for tomorrow morning,

 

have you phoned the court yet?

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Here is an Income & Expenditure form you can use.

 

 

 

 

Ellens Budget Sheet.xls

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you

 

got the income expend form all filled out

went throught civil law organisation .

He has done a realy good letter which I can email to someone if you would like to see that.

 

Ive got a letter that says I had a fee added in december 2012.

He man from shelter has asked kenys for a full statement of fees to be presented

 

I had the hearing last wednesday after puttig he n244 form in.

The judge susspended it until tomorrow so I could gather evidence of my new job valuaton income expen and proof of potential buyers.

 

He judge was gping to give me two weeks but they contested that as eviction takes place tomorrow so he gave me seven days.

 

I think om loaded with every thing I need and now the new info about the fees .

 

I doubt anything was being paid off as at the time I was payong 45 pound off arrears as they were adding goin to drag all paperwork out an go through it all

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It sounds like you've had good advice from the people who have helped you prepare the letter and income and expenditure

- you have gathered the information that the judge asked for,

so it would seem that once that is seen,

the likelihood is that the eviction will be stayed.

 

If you had been unable to produce what the judge asked for, then you'd be in difficulties.

 

The most important element here is the fact that you can now afford the CMI plus something towards the arrears,

so even without the sale offers, you'd be in a better position than you were in previously.

 

Try not to be too stressed, I know it is incredibly difficult

- but the judge clearly wanted you to have the opportunity to stay in your house,

otherwise he could have rejected your information last week.

 

I can't pretend that you aren't very close to the bone with your £80 off the arrears offer

- it's only marginally above the Norgan figure, so be prepared to explain to the judge

that Kensington are still adding the £50 per month charge,

which makes it harder for you to clear the arrears.

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I will thank you.

I actually got.it wrong

I can offer 100 a month extra .

but I will stress that they are adding fees.

 

Its not going to be the same judge he told.me.last wednesday it wouldnt be him.

 

The expected date of my payments are the first of the month .

My new job starts 25th november and the next pay day is december 15th

as I wont have my carers allowance and income support after that

i will have to live off the child tax and child benefit until working tax is sorted

and my first wage so I may not be able to make a full if any payment till the 15th

 

Shoyld I mention this in front of the judge.

 

Its possible I cpuld lend the amount needed untill my payday its incase I cant

 

.i havent recieved any mortgage intrest payments from dwp and only just realised this so chasing that up aswell

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Mention this to the judge. This will cause a lot of trauma and may impact their University work and will make 3 adults homeless.

 

If you can afford the payments you don't really need to sell, get the judge to tell the other side to pay back those charges which are automatically added to the account.

 

Good luck today.

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Wishing you the best for a successful outcome today :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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:thumb:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Im home and still have a roof over my head . Judge went my way but only just.

I have togo back in three month with the payslips and an upto date inc epxen form ( with my wage )

 

Thank ypu to everyone for ypur help

I quired the charges but judge said well the wi chatge them if there is arrears so dont k ow what i can do about them x

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Hi Selly

 

Well done today. The charges added to your account are unfair. These are automatically added to your account by a computer. I would make an official complaint to the lender stating that the charges are unlawful under the Unfair Terms in Consumer Contracts Regulations and also that they should follow the Financial Ombudsman's Rules on hardship and mortgage arrears. Have a read here:

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/mortgages-arrears-and-hardship.html

 

Just make sure now that you pay everything on time, you won't get another chance with this same judge next time.

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Excellent news, selly.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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