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    • If you're set on pursuing the receiver then a complaint to his governing body (if any) might be a sensible low risk first step. You need to confirm what qualifications he actually has. I don't believe an LPA Receiver necessarily needs to be a licensed insolvency practioner, although he may be. Or he may a chartered surveyor. I note you say "LPA" and "fixed charge" receiver, but aren't those two different appointments with different remits? What relevant powers are given in the mortgage terms and security? Or if that's unclear then how was the appointment described to you? Ducking back to the comment I made earlier, you consulted a solicitor who advised a claim against the receiver. How did he advise that you do so?   Some background reading (accepting it's from 2013 and you may be working off more recent preceded overturning this) .. LPA receivers owe very limited duty to borrowers; a reminder WWW.WRIGHTHASSALL.CO.UK As lenders rely more and more on their powers to appoint an LPA Receiver, a recent case has clarified the Receiver’s obligations, both to the lender and its borrower.  
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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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repossession hearing monday kensington mortgages v me help please URGENT


caz62
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morning

 

Firstly I have mental health issues, I was on DLA full rate care and mobility until around 2 years ago when it all stopped suddenly I went to court to appeal but lost the appeal

I am in the ESA support group.

 

I have been seeing a mental health worker for a few months during which time my arrears have built up. i don't open mail and can't cope basically

 

i owe just shy of 80,000 to Kensington, I have a court order in place from 2011 which stated I have to pay £9 per month off my arrears since march I haven't managed to keep to this

 

the DWP pay £155.44, per month

expected payment £200.20

£9 off arrears court order

 

i was upto date although in arrears if you see what I mean til march/april

 

as an idea

 

i was 969 in arrears 01 01 2010

i reduced this to £321 at its lowest in feb of this year but has now crept up to £591

 

they have charged me £50 per month monthly arrears fee

they charged me £60 for a field agent who knocked on my door unannounced but I cancelled the 2nd visit

 

they have charged almost £2000 court fees and solicitors costs between 2011 and 2012

 

what can I do

I feel I can't fight any more the hassle they give me when I ring and the way they are so argumentative puts me off ringing to sort things out

I feel suicidal right now because of this

The council have sent a letter giving me the names of 2 solicitors

 

Where do I go from here

court hearing 2pm monday

 

I actually don't have a penny so can't make a payment

 

my income is £162 per week

from this £19.45 deductions for gas

£21.65 for electricity

£38.86 for housing costs which forms the DWP payment

£8.70 for water

 

I have £130 every 2 weeks to live on

I am single

 

thanks and any advice on where to turn to would be greatly received

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How much are you meant to pay to Kensington each month - is it the difference between what the DWP pay and what the normal monthly payment is? plus the £9 towards arrears ?

 

If you are saying you don't have enough money to make the payment then I'm not sure what you can offer to stop repossession. Perhaps it might be a good idea to phone Shelter and see if they can offer any help/suggestions they are very good in this type of situation. The phone number is 0808 800 4444 the lines can be quite busy so you may have to keep trying. Let us know what they say when you have spoken to them.

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Supposed to pay £199. Of which dwp pay 155. Plus £9.

 

I have an appointment tomorrow so will update then

 

Thank you

How much are you meant to pay to Kensington each month - is it the difference between what the DWP pay and what the normal monthly payment is? plus the £9 towards arrears ?

 

If you are saying you don't have enough money to make the payment then I'm not sure what you can offer to stop repossession. Perhaps it might be a good idea to phone Shelter and see if they can offer any help/suggestions they are very good in this type of situation. The phone number is 0808 800 4444 the lines can be quite busy so you may have to keep trying. Let us know what they say when you have spoken to them.

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Deb like you I am single and I have come to realise that 'the system' does not care much about us!

 

 

I am pretty much resigned to the fact that if I lose my job I will lose my home and as far as I can see the local council have no responsibility to rehome me.

 

 

However as you have health problems you ought to be better treated. None of this is helping your situation at all and you have barely enough to live on which is simply making it worse.

 

 

Do you have any relatives at all that would let you stay with them? Friends, etc? I think if you can speak to the Judge he might be prepared to grant you more time to sort yourself out but as Ell-en says it is not possible for you to make any further offers of payment as you simply do not have the money.

 

 

You really need a family member to give you a hand here. Is there anyone you can turn to?

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[thank you.

My sister in law has said she is going to try and reduce gas elec and water payment. She said apparently I am paying £17 per month to Kensington as I don't have buildings insurance which she said for time bein she could get me adequate rather that decent cover for £6 per month. She is goin to go thro a budget with me. Sort out alternative phone insurance. Check my phone usage etc Hopefully she will be able to find me a few £££'s She is tryin to find out if she could take over my finances and give me an allowance each week and sort out a bills account which I won't have access to i trust her and will be glad of the help.

no help regarding a discretionary payment but can be placed in hostel as last resort. Thank you QUOTE=BornThisWay;4605550]Deb like you I am single and I have come to realise that 'the system' does not care much about us!

 

 

I am pretty much resigned to the fact that if I lose my job I will lose my home and as far as I can see the local council have no responsibility to rehome me.

 

 

However as you have health problems you ought to be better treated. None of this is helping your situation at all and you have barely enough to live on which is simply making it worse.

 

 

Do you have any relatives at all that would let you stay with them? Friends, etc? I think if you can speak to the Judge he might be prepared to grant you more time to sort yourself out but as Ell-en says it is not possible for you to make any further offers of payment as you simply do not have the money.

 

 

You really need a family member to give you a hand here. Is there anyone you can turn to?

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