Platform Mortgage - Awaiting eviction date

[Ell-enn]

Hi there, first of all - don't panic, there's always something we can do. You will need to take a statement to the court detailing your offer of payment and also a budget sheet. If we can get it done in the next day or so (I can help you with the statement) you could take it to the court on Friday so the judge will be able to read it before the hearing.

 

A few questions first:

 

1.What happened to the original hearing - why was it adjourned?

2.Who is the lender?

3.How many months arrears are there?

4.Is the mortgage in joint names?

5.Do you have any children?

6.Do you have documentary evidence of your husband's accident claim?

7.Are you in work?

8.Is your husband claiming benefits?

 

Sorry for all the questions, but need to get a full picture before starting to draft the statement for court.

 

Affixed is the budget sheet we normally use, it calculates automatically as you fill it in.

 

Ell

[Ell-enn]

If you pay the arrears in full then there can be no claim for possession.

 

Have you had a recent statement from Kensington? they have more than likely added arrears charges to the account so the amount they are claiming as arrears would be wrong.

[Ell-enn]

If you pay all the arrears before the hearing date they will have to cancel the hearing (but you would need to phone the court to check they have done that! - lenders have a habit of "forgetting" details like that!)

 

Let me know what you decide to do in case we need to do a statement for the hearing.

[Ell-enn]

You will both need to be there when you make the call to pay as they will have to speak to the cardholder.

 

Once you have made the payment and they have promised to cancel the hearing you must ring the court and check they have done so. Also make sure you can prove the payment has been made - if it's a debit card your mum uses she should ask the bank for an instant statement showing the payment. Or if she's on internet banking you can print it off.

 

The next thing you need to do is to ask Kensington for a full statement of your account so we can establish what charges they have put on - you can then claim them back. Kensington have recently been fined by the FOS for extortionate arrears charges.

[Ell-enn]

It always says that on the claim form for possession. If they didn't cancel the hearing and you went along with the proof that the arrears had been paid the judge would give them a right roasting!

[Ell-enn]

Try not to worry too much, let me know when you have phoned to make the payment - I'm always on line during the day if you need to contact me.

[Ell-enn]

Did they say they would cancel the hearing?

[Ell-enn]

Hi there, you need to enter a N244 at court to get a hearing before a judge in order to get eviction stopped. We can help you with this but you need to act fast - the form will need to be taken to court tomorrow in order to get a hearing before Monday.

[Ell-enn]

It could take a week or perhaps more for a warrant to be issued from when they apply for one. The court bailiffs would then issue the warrant to you giving anything from 7-21 days before eviction date.

 

What date do you return from abroad?

What date did they say you had to wait 5 working days from?

Who is the lender?

[Ell-enn]

Are you able to telephone them from abroad next week to see what the answer is? Will you have internet access while you are away?

[Ell-enn]

Theoretically you should get a letter from them threatening eviction if you don't pay the arrears in full by a certain date - have you had that?

 

5 working days from today is next Thursday, they should write to you to advise if your offer is refused - if it is, they would most probably give you a date by which to pay the arrears or they will apply for an eviction warrant, so time wise I think you should be ok. However you should telephone them next Thursday to find out what's happening, then if they have refused your offer - provided you can get on the internet - come back here and we can advise further.

[Ell-enn]

How many months payments have you missed? do they add up to the arrears figure they quoted - 2600?

 

Did you send a bank statement? you should really send a budget sheet instead, you don't want them seeing what you spend your money on.

 

Probably not a good idea to tell them you're going abroad - if they think you can afford a holiday they might not be very co-operative.

[Ell-enn]

I doubt very much that the eviction would be as quick as that - they can't do anything while they are considering your offer of payment and they would have to inform you if it is refused. Just wait till next Thursday and ring them then let us know what they say. No point in ringing Kensington before the 5 days are up - they always take ages to decide on an offer.

[Ell-enn]

If you know how many payments you have missed you should be able to work out if it is less than the amount of arrears they are saying you owe - if that is the case then it is likely they have added arrears charges into the figure.

[Ell-enn]

I'm sure nothing will happen while you are away try and relax and deal with it when you come back, we'll still be here to help you.

[Ell-enn]

If you read the Repossession successes forum you will see that there are many others who were in a much worse situation and kept their homes. You just need to be strong and don't let lenders like Kensington railroad you. Always stick to your gins and never offer to pay more than you can reasonably afford.

[Ell-enn]

I'm certain it won't happen while you're away - try and relax and we'll deal with it when you're back

[Ell-enn]

I they've said it will take 5 days to get a decision on your offer, then that takes you to next Thursday - if they were to apply for a warrant after that there's only a slight chance it would arrive in your second week away. I still think you would still have time to defend it when you get back. You should call them next Thurs to see what the decision is and then post on here, if they decline your offer then we can work on defending any action so it's ready for when you get back.

[Ell-enn]

They have an automated telephone payment facility, could you ring that number and pay the arrears by debit card (they don't take credit cards)

[Ell-enn]

I think it must be the number on their website http://www.kmc.co.uk/customer/ContacUs.html

 

This is what they say on their site

What time is your office open to take payments?

 

Our core opening hours are between 8.30am and 8pm Monday to Thursday and 8.30am – 5.30pm Fridays. During these times you have the option of making a payment through the automated system or talking to one of our team.

[Ell-enn]

Hi there, if they do issue an eviction warrant you can apply to the court on an N244 form for a hearing to have the eviction stopped (we can help you with that). Provided you can show you have new employment and can afford to pay something towards the arrears each month, you won't lose your home.

 

Let us know if they accept your proposal, if not we can get to work on your N244.

[Ell-enn]

Hi, you need to write to the lender stating your proposal for clearing the arrears, this letter will help if you need to go to court to defend the eviction order. As the previous suspended order was 8 years ago, they will have to start the possession process from the beginning as it's been more than 6 years. If you need help with the letter, please let me know and I'll draft something for you.

[Ell-enn]

Yes, you should definitely write to them, you will need a copy of the letter to go with your defence for court, this will show the judge you have tried to come to an arrangement.

 

I have to go out for a few hours, but will draft you a letter when I get back.