Kensington mortgage. In court on Tuesday

[rcl]

I recently got behind with my mortgage payments, and missed 3 payments in October, November and december last year.

 

 

Since then I have paid my mortgage on time .

 

Kensington wrote to me about the arrears, and were currently charging me £50 per month arrears fee (since last October, so the charges are quite hefty)

 

I offered £100 per month in addition to my current mortgage

 

This was rejected, and I was advised that I had to fill in an income expenditure form.

Only then would Kensington be able to see if I could afford the money I was offering,

and would be in a position to accept it.

 

My argument was that there was no legal obligation for me to fill in their form, and I wouldnt be doing it.

 

 

I was slightly insecure about filling in the income expenditure form, as I thought if kensington thought I earnt too much,

they would try and bully me in to paying more than £100 per month off the arrears

, and if they thought I earnt too little, they would try and repo the house.

- Just how I felt at the time

 

My other argument with them was, if I was paying £100 a month off the arrears,

yet they were charging me £50 per month arrears fee, their charges meant it would take me twice as long to pay off the arrears

 

They then offered to let me capitallise my arrears, therby, adding them on to the end of my mortgage,

the arrears would we cleared from my credit file, and the term of the mortgage extended by 3 months.

 

I advised I didnt want to do this, as it would incur me loads more interest over the 19 years remaining on the mortgage

 

Finally, 6 weeks ago, they agreed, I didnt fill in the income expenditure form,

They have accepted the £100 per month payment off the arrears,

and have agreed to stop charging me £50 per month arrears fees

 

This morning I have seen the posts about how Kensington have been fined by the FSA for unfair charges.

I have e mailed them and asked them if the returned direct debit fees of £50 per time (x 6) that

I was charges In October, Nov and dec last year will be refunded.

 

 

I suppose it is too much to hope that they would credit my account with the arrears charges too, but I an only try !

 

 

Hope this may help someone else

[miss muppet]

Well done Rci, hope you're successful.

[rcl]

Hi, I'm looking for some advice

 

Approx 4 years ago, we went in to arrears on our mortgage, to the tune of £3000.

and have been paying back £50 per month, in addition to our monthly mortgage every month.

 

 

We also did a lump sum payment of £1500 two years ago, and another payment of £500 18 months ago.

 

Fast forward to July 2014,

husband was made redundant,

there was £230 left on the arrears,

but we then missed another 3 payments of £705 per month. (July, August and September were kissed).

 

 

Husband then started a new job in November 2014

 

October 2014 we paid £750

 

November 2014 we paid all the arrears off. (£705 x 3 plus £230).

 

 

Finally, no more arrears!!

 

 

This was done, in full, in to their bank account on 15th November,

and an email was sent to kensington advising them of the payment

 

December, payment was made of £750,

 

 

so now, not only are we up to date with the mortgage,

but we are paying £45 per month extra, so we can build up the equity in our home

 

2 weeks later, we receive a solicitors letter advising us that we were due to attend court for a repo hearing on 6th January 2015.

 

 

I respond by email to the solicitors and kensington, advising that there are no arrears on the account,

I am paying over the monthly mortgage fee.

 

 

I then also send a letter of complaint, as they have increased my monthly premium to £733

as they state I have no buildings insurance in place, and they have added £50 monthly arrears fee to my account.

I also resent them a copy of my buildings insurance, which is backdated

 

I receive an acknowledgement of my complaint, and then

 

 

last week I receive another letter saying my complaint is still being investigated and they will get back to me soon

 

Today,

I receive a solicitors letter saying they have asked for the court date to be adjourned to the first available date in February,

but the court require my consent to do this.

 

 

The letter asks me to either contact the court on Monday and give consent to the adjournment,

or attend court on 6th January, or 'an alternative order may be made'

 

I don't understand why they are still taking me to court.

I have no arrears, and

I am paying over my contractural monthly payment.

 

 

I'm tempted to attend on 6th January, and stop this fiasco once and for all

 

Your advice would be greatly appreciated ,

 

 

would you attend,

 

 

or give consent to adjourn?

Thanks

[dx100uk]

dunno but I'd relish the chance of going before a judge with Kenny's

 

 

I bet you've £100's in arrears fees to be exposed to him?

 

 

and that bogus fee for no buildings insurance!

 

 

dx

[rcl]

Lol, I'm tempted!

 

I claimed back the arrears fees a few years ago, but there is at least one been put on since, in October 2014. £50

 

I don't see the point of adjourning, and don't see I have anything to lose. I'm up to date, and paying more per month than I should be

 

I'd be happy with a 'case dismissed'.

[Ell-enn]

If you are able to attend, then I would say you certainly should. Take along proof of the arrears being cleared and also proof that you are over paying each month, together with your insurance certificate and show they have charged you for their insurance without checking if you had your own. I bet they won't show up at court once they realise you are attending, but you need to ask the judge to order that they are allowed to add legal fees to your account as the hearing was unnecessary.

[fkofilee]

Yes! go to the court and show how bad they are :@)

[scousepie]

In my experience the judge will exhaust all avenues before an repo order is given,, go to court and expose these blood suckers.. best of luck to you.. happy new year.

[caro]

If arrears are now paid off, I wonder if you could apply to have the possession order lifted. I also wonder if there are other fees that have been added since you claimed them back. Did you get interest on them too?

[Ell-enn]

You would need to show at least 6/12 months payment on time before the lender would agree to lifting the suspended order.

[caro]

Thanks ell-enn. A thought for the future then.

[Ell-enn]

Absolutely, once a good payment record is established it's worth while applying to have the suspended order removed.

[rcl]

Thanks for the advice. I've emailed the solicitors to ask them what they expect to gain from the hearing. The way I feel at the moment, I won't be consenting to the adjournment, and will be attending on Tuesday

[fkofilee]

For that matter, can you still be evicted even if there are now no arrears?!?!

[rcl]

No, they can't just take your house off you

[caro]

Go for it. There seems no need for a hearing at all with no arrears so they should be trying to cancel, not adjourn.

[Ell-enn]

If there are no arrears there can be no eviction

[rcl]

I've been to court this morning. Kensington solicitor LIED!!

 

She met me in the waiting room, and asked me to adjourn the case, and then I wouldn't need to go in and see the judge.

 

 

I explained I wanted to go in and ask the judge to dismiss the case as there are no arrears.

 

 

The solicitor then rang 'Martin' at Kensington, to confirm all the arrears have been paid.

 

 

He said there was £669 still in arrears on the account.

 

 

I asked for clarification that this was the January payment which falls due on 1st January, and becomes overdue on 31st January

- Yes they are classing this as arrears

 

Then in court the solicitor tells the judge that £669 was due 31st December. I denied that being correct

 

Because of the conflicting information the judge explained that as a compromise,

he would adjourn the case for 12 months,

with instructions that the case be dismissed/struck out in 12 months if all future payments were made

 

It's not the best result, but it's not the worst either

[scousepie]

I would lodge an appeal..... It's wrong... its stinks.... IMO !!!