Kensington Mortgage pending ? Possession Proccedings

[Gerry22]

Hi, wonder if anyone can help me.

 

Received a letter from Kensington that they're going to start possession proceedings for arrears on our mortgage.

 

We currently owe them £11,087

 

made up as follows:

2010: £2,296,

2011:£6,186.

2012:£186 and

2013:£2418.

 

We have been in contact with them and have had arrangements with them to pay the contractual amount plus an additional £150.00 a month.

 

In 2012 we managed to maintain that as well as in 2013.

The arrangement we had with them was being reviewed on a quarterly basis and

 

in November it was agreed that we would pay an additional amount of £190.00 to be reviewed in April 2014.

 

Due to a death in the family we ere unable to make the November payment and

on the back of this we have now received this letter for court proceedings from them.

 

We have now made the monthly payment for November and December and also written to them letting them know that we will pay the additional £380.00 in January.

 

We've also asked them if its possible for us to resume with the arrangement made in November and avoid going to court.

 

We have not heard from them nor received a court date, but this could be due to the Christmas holidays.

 

The arrears amount is now £8,624 which is pretty much relates to 2010 and 2011.

We're really worried that they will not let us continue with the arrangement and we'll have to go to court.

We have kept in regular contact with them over the years and have always tried to maintain whatever payments they've asked from us.

 

We would really appreciate any help or advise you can offer in how we should now approach them.

 

We still have a long way to go on our mortgage and on the current amount they were asking for would take us approx 4 years to clear.

 

Please any help would be greatly appreciated

[Colly46]

Hi there, You are in the right place, its usually very quiet here at the weekend,but someone will be along soon. We have just been through a very similar situation ourselves,and the advice on here got us through it, it seems scary but there is lots you can do! Hang in there!

[dx100uk]

hi Gerry

 

firstly

 

have you got ALL the statements from day one.?

 

kennys have more than once been fined for not treating customers fairly.

 

if they have been charging arrears fees or ANY PENALTY fees

you need to reclaim them.

 

also if they have charged any dent management fees too.

 

basically anything with FEE after it

needs to be carefully looked at.

 

 

.....................

 

 

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

 

regards dx

[Gerry22]

Hi there, You are in the right place, its usually very quiet here at the weekend,but someone will be along soon. We have just been through a very similar situation ourselves,and the advice on here got us through it, it seems scary but there is lots you can do! Hang in there!

 

Many thanks for your support

[Gerry22]

Hi,

 

We don't have all the statements but we have a breakdown from them of the fees they've chargec us

also how the arrears has been made up.

 

Our first thing is to get them to stop the proceeding hearing and let us continue with the arrangement.

 

Once that's done maybe we can look at the £1300.00 of charges we've had added to our account.

 

We do have some copies of the letter's we've sent to them but probably not all of them.

 

We'll now have to wait and see what response we get to our letter.

 

To be honest we've just want to get the threat of proceeding off the table.

 

Thanks again

[dx100uk]

get an sar off

 

dx

[dx100uk]

sri you've got all the charges listed

[Gerry22]

sri you've got all the charges listed

 

Hi, just received the court papers to attend end January.

 

Got form to fill in but we're really worried about what will happen.

 

As said before got into arrears in 2010 owing just over £2k and

in 2011 owing £6k,

 

since 2012 we have made monthly payments including an additional amount towards the arrears

but have also missed 2 payments in 2012 and 1 in 2013 so the arrears haven't really gone down nor has it gone any larger.

 

We maintained contact with Kensington throughout and every 3 months we had the position reviewed and continued for a further 3 months.

 

In November we asked for a 6 month review which they accepted (did get a letter but somehow binned in error).

We missed the November payment and I guess that's why they are now trying to repossess the house.

 

We have paid November and December's full mortgage payment and are going to pay the additional amount in the New year.

We will also be able to make the January 2014 payment as well as the additional amount they want from us.

 

We haven't spoken to them on the phone but have written to them and

 

I'm just so worried that we're scared to contact them by phone.

Do you think we should call them or just fill the court forms our and wait to see if they respond to the letters we've sent them.

 

We have 2 sons who are at school doing their gcse's and its all getting a bit stressfull.

Any help you can give would be very much appreciated.

[dx100uk]

i';ll pull a string.

 

when's the court date please

 

dx

[Gerry22]

i';ll pull a string.

 

when's the court date please

 

dx

 

Hi, its the 21st January. What should we do in the meantine

[Gerry22]

Hi, my wife's just spoke with them,

 

they confirm that they're received the November and December payment, but that we'll get charged £50.00 as no arrangement in place.

 

They've cancelled the arrangement they made in November because we missed the payment and won't reinstate it.

 

Want us to send bank statements and payslips even though nothing's changed since we sent them income and expense statements in November.

 

We don't want to go to court and to be honest we're just finding it really hard to cope with them.

 

Every 3 months we go through hoops to keep the arrangement going and now it looks like they won't listen and will try to take the house away from us.

 

My wife is now upset that she called them,

but thought speaking to someone might actually help,

she now thinks she's made thing worse.

 

What do we do now......

[dx100uk]

have you read the stuff in post 3

 

kennys have been heavily fined for not treating people in arrears fairly

 

and you should use this to your advantage

 

I certainly would not be upset about what they said

 

ideally everything should be in writing

 

kennys don't care a monkey's about you until

you start demanding your rights

the charges being removed

and for them to treat you fairly.

 

those penalty charges , have they been added to figure they quote as arrears?

 

don't forget also

 

it not JUST the charges

you can also reclaim them at the mortgage interest rate.

 

however, at present, other than noting these in whatever papers for the court your might have to

provide, they are secondary to stopping the eviction

 

IF that is their actual intention.

 

people will be around soon.

[Ell-enn]

Hi there, yu have plenty of time to return the N11M defence form to court, so no need to rush it. I think you should write to them (by special delivery), detailing recent payments you have made/ payments you intend to make and also advise them you will be defending their court claim. You should also remind them that you are aware that they should only apply for possession as a last resort.

 

I can draft a letter for you if you need me to?

[Gerry22]

Hi there, yu have plenty of time to return the N11M defence form to court, so no need to rush it. I think you should write to them (by special delivery), detailing recent payments you have made/ payments you intend to make and also advise them you will be defending their court claim. You should also remind them that you are aware that they should only apply for possession as a last resort.

 

I can draft a letter for you if you need me to?

 

Hi,

 

many many thanks for getting back to us.

 

We wrote to them on Christmas Eve,

faxed copy and posted original so at the moment we're waiting to hear from them.

 

As said before the arrears relates to 2010 & 2011.

 

We have made mortgage payments in 2012 & 13 including an additional amount towards the arrears

but we've also missed 2 pymts in 2012 & 1 in 2013 so the additional amounts have kind of settled the missing month

so the arrears is the pretty much the same amount as at end 2011.

 

I know keep repeating myself,

 

they have tried before in 2011 to re-possess

we had a court date and everything

but they accepted our offer and since then we've contacted them every 3 months to review the arrangement.

 

We have an unsecured loan which finishes in May and they seem to think that we should stop paying that and pay even more to them.

 

We have explained that once that loan is cleared we will be able to increase our payment to them

and that we would like to clear this debt first before making an increase commitment to them.

 

At our wits end,

don't know if the letter we've sent to them is suficant so anything you can draft to help us would be appreciated.

 

As things stand the arrears haven't changed and we have kept making payments,

paying 2 if we've missed a month.

 

Our next mortgage payment is not due till 26.01.14

and we sent them income statement in November

and nothing's changed so not really sure sending a new one will be of any real help.

 

We still have at least 10 years left on the mortgage and at £190.00 a month the arrears would be cleared in just over 4 yers

but haven't been able to get Kensington to look beyond 3 months at a time

and even then its takes at least 3 weeks before they agree then we get the £50.00 charge as no arrangement is in place.

 

We haven't written a strong letters to them as we haven't wanted to upset them

and have just wanted to keep them on side but it seems even that isn't working.

 

A draft letter would be helpful, let me know if there is anything further you need, and thanks again

[Gerry22]

The amount of arrears on the court papers is £11k, but we've just paid £2,400 which leaves £8,600.00.

 

We're gonna pay them another £380.00 in a week or two, then our January payment is due

which we'll make by 21st Jan together with the additional amount they asked for back in November.

 

They also say there are charges of approx £1,300.00 which is pretty much the £50.00 charge for not having an arrangement in place

and sometimes this has been because we've been speaking to them to put one in place.

 

Are they allowed to charge that while you're in contact with them, if just seems really unfair.

 

Thanks again for all the help, we're trying to stay positive.

[Ell-enn]

I wouldn't worry about any letters upsetting them - they don't hesitate to upset you!

 

Did you keep copies of the letters you sent to them?

you will need to affix them to your defence statment to show the judge you have attempted to come to an agreement.

 

If you feel another letter wouldn't help I could draft a statement for the defence forms

- when you take them into court they will send a copy to the lender,

they might think again when they read it.

 

Just let me know and I'll put something together.

[Gerry22]

I wouldn't worry about any letters upsetting them - they don't hesitate to upset you! Dis you keep copies of the letters you sent to them? you will need to affix them to your defence statment to show the judge you have attempted to come to an agreement. If you feel another letter wouldn't help I could draft a statement for the defence forms - when you take them into court they will send a copy to the lender, they might think again when they read it. Just let me know and I'll put something together.

 

Hi, if you could put something together for tor me that would be great. Thanks

[Ell-enn]

OK will do - I'll put it on here in the next few days - you can take the forms to your court next week, which will be plenty of time.

[Gerry22]

OK will do - I'll put it on here in the next few days - you can take the forms to your court next week, which will be plenty of time.

 

Hi Ell-enn,

 

We've just had a call from Kensington and they have agreed over the phone to cancel the hearing and also to put an arrangement in place for 6 months

starting from January and also reduced the additional amount we have to pay them.

 

Also spoke to them about the arrears charges and

 

they are going to look into it and get back to us tomorrow.

 

Feeling very relieved at the moment and will feel even better once confirmation has been received in the post.

 

We want to thank everyone for all the help over the past 2 days and

 

guess the wife making that phone call earlier today was more effective than she thought.

 

Once again many many thanks

[Colly46]

Hi Gerry, dont assume the court hearing has been cancelled until you get it in writing,

 

we have just been through this,

 

and they are an unscrupulous bunch of wotsits.

 

My advice would be dont talk with them on the phone,

 

do everything in writing,

 

and even if you do get a letter saying the hearing has been cancelled,

just double check on the website.

 

have learnt an awful lot on here,

 

and anything ell-enn tells you to do,

 

do it and you'll be fine!

[Ell-enn]

At least you've got plenty of time to check that the hearing is cancelled - once you have confirmation in writing from Kensington, ring the court just to be sure.

 

The next thing you need to do once you have the payment arrangement up and running, is ask for all the charges to be refunded - we have a letter for that

[dx100uk]

hey that's a great result.

 

i'd suspect also your thread on CAG might have something to do with it

we know they read here.

 

yes DEF ring the court.

 

now the PENALTY charges

 

you need to find and list EVERY penalty [arrears/letter/debt management/phone]

from every statement.

 

pop them in this

with the date they charges it

its amount

 

and put THEIR interest rate in cell D 15.

 

CISheet v101.xls

 

bet its a lot more than £1300!!

[dx100uk]

have you got a method of recording phonecalls you'll need it/

 

dx