help- being threatened eviction by kensington

[mike8005]

Hi, can anyone help please..Kensington have a suspended possession order against me from 2009. I built up a few months of arrears again in 2011 and I got eviction threatened which I got cancelled/ suspended after having told the court I would pay the arrears within 7 days which i did.

 

 

again in 2012 there were some missed payments and I was threatened eviction from Kensington under the court order with an eviction date set. I got a solicitor involved and I had already paid the arrears before the eviction date was set so after letters backwards and forwards without me going to court with N44 the eviction was cancelled by Kensington

 

 

unfortunately now there are some arrears built up, a couple of payment arrangement broken and Kensington have sent me a solicitors letter saying If I don't pay all arrears within 7 days they will apply to the court for warrant of possession.

 

 

I paid my two missed monthly payment amounts last week and offered to pay £100 extra off my arrears for going forward...they have sent off to senior management for a decision...if this lands up in court again does this mean I am snookered....

[martin2006]

I dont think so, despite having arrears i think any judge woukd be abke to see that you are making good efforts to pay the arrears.

 

We have some good members who are very knowledgeable in this area so it would be a good idea to wait for more responses.

[dx100uk]

did you not get reclaiming all those charges?

 

 

get an sar running to kennys NOW.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

 

 

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.fsa.gov.uk/pubs/final/kensington.pdf

.

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

.

http://www.moneymarketing.co.uk/news-and-analysis/mortgages/fca-orders-kensington-to-change-unfair-mortgage-terms/2005762.article

http://www.mortgageintroducer.com/mortgages/236498/5/Industry_in_depth/Thousands_of_homeowners_set_for_big_mortgage_refunds.htm

 

 

 

 

dx

[mike8005]

thanks martin

[mike8005]

thanks dx100uk.. but seems like they have not charged me for years for arrears as far as I am aware..i am more nervous of eviction being granted to be honest

[dx100uk]

i don't believe that not Kenny's

and what about all the useless insurances they sold you with the policy?

 

 

if you are paying the CMS + a bit you'll be ok.

 

 

that's a std response from kennys.

 

 

have you ALL the statements from day one?

[mike8005]

there were missed monthly payments, which I have mostly made up

...when I got solicitors letter there was 5k of arrears,

 

 

I have since made the equivalent of two months payments and arrears now 3.2k..

.with an offer of paying £100 over the monthly payments going forward.

 

 

..if Kensington send it for eviction, since it has happened a few times in last 8 or 9 years...have I lost my chance

[dx100uk]

no it doesn't work like that

just read a few Kenny threads here

 

 

they would still need to take you to court whereby you'd get in front of a judge

and he'd not agree with them with our help.

 

 

get that SAR running

I do not believe they have not charged you penalty fess

letter/phone/debt management/ arrears

I bet there are £1000's there to reclaim

 

 

Ive never seen a Kenny's debt otherwise.

 

 

was this always with kennys or was it another company in the early days

history from day 1 wold help

 

 

dx

[mike8005]

hi dx100uk,

does this mean I need to get hold of statements right from beginning or how long can I go back to

 

 

what do I need to look out for on statements to be able to try and claim back

 

 

who would I be claiming from, is it Kensington themselves?

 

 

thanks

[dx100uk]

Sar time

And read post 3 and all the links

[mike8005]

thanks but im really unsure what I am trying to achieve

 

 

surely I signed terms and conditions when I took out mortgage which lets them charge me if I miss payment etc

 

 

has anyone u know actually been successful in claiming back things which they seem like are justified to charge for as I probably signed for it at beginning of mortgage term

[dx100uk]

Yes lots of people

Read those links

It tells you what to do

How to do it

And recent successes

[Ell-enn]

If they do take further action for eviction you know you can apply to the court to have a hearing in front of a judge to stop it, but obviously it's best to try to come to an agreement with them. Did they say when the management would make a decision ? these people have a habit of making you wait till the last minute...........

[mike8005]

thanks ellen they came to agreement today...after waiting for senior management so that's sorted for now....thanks for your help on this appreciated

[Ell-enn]

No problem - glad to hear you've come to an agreement without having the stress (and cost) of going to court.