In arrear with Kensington and have received court date.

[taxitaxi]

Hi

I am in arrears with Kensington and have been for years,

 

I have been to court many times and stopped them evicting me but

 

this time instead of sending me an eviction date they have sent me a court date.

 

On the paperwork it says

 

They want to extend the order dated 6th July 2006 and apply for a new eviction date.

 

To issue fresh proceedings would add more costs to the Defendants account.

 

I am in arrears of £21k but that has gradually decreased.

 

Every time they tried to re-posess I went to court and the Judge could see that the arrears has decreased slightly from my last visit

and sent them packing.

 

I don't understand why I have another court date ?

 

Any advice would be appreciated.

[dx100uk]

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

[Lea_HTH]

They've asked for a hearing because they want to go for another eviction,

but the possession order is over six years old,

and therefore they need the permission of the court to execute a warrant (for eviction).

 

It's a bit of a formality, because with £21k of arrears, it's a certainty that they'll receive permission,

 

however, if you can show that you can maintain payments going forward, including an offer that will clear the arrears within the remaining term of the loan,

then you can ask the judge to put a future date on the execution, which means unless you fail to make payment, the mortgagee can't execute the warrant.