Kensington SPO - warrant for possession - refusing to take payments

[Ell-enn]

Have you rung the bank to ask for the details from the DD ?

[eweeks]

Thanks Ell-enn.

 

I tried. But unfortunately the bank doesn't have access to the account number and sort code where the DD goes into.

[Ell-enn]

Have Kensington ever sent you a DD to fill in that you didn't return - or perhaps the info might be in the original paperwork when the account was started ? they sometimes includ a DD form with the introduction pack

[Ell-enn]

Have they been adding the £50 arrears fees to your monthly payment each month ?

[eweeks]

Yes for most months. £50 per month. £3410 so far in total since 2005.

[Ell-enn]

Have Kensington ever sent you a DD to fill in that you didn't return - or perhaps the info might be in the original paperwork when the account was started ? they sometimes includ a DD form with the introduction pack

 

Can you answer please

[eweeks]

Sorry Ell-enn, I went through all the paperwork but can't find anything with sort-code or account number.

[eweeks]

I have done bank transfer payments 7 yrs ago and have asked Barclays to see whether they could find the details for me.

They have taken the details from me and said they will get back to me.

 

Meanwhile do I let Kensington's solicitors know the situation or do I write to Kensington to all about this.

 

 

The family member who helped me with some money has already written to Kensington to say that they don't have an interest in the property and that the money was a gift (which indeed it was).

 

I am dreading the eviction date will come through the post any day now.

[Ell-enn]

How did the family member send the letter ? was it by recorded or special delivery and do you have a copy ?

[eweeks]

Recorded delivery. This is the template used. I will have a copy too.

 

I confirm that I have gifted the sum of £xxxxx.xx to xxxxx on xxxxx in respect of clearing the arrears in his mortgage payment. I also confirm that this gift is non-refundable, non-interest bearing, it is not to be repaid to me and I will not retain any interest in the property whatsoever.

The applicant is known to me as my brother.

[Ell-enn]

OK, make sure you check on the royal mail website to print off the signed for receipt, pin that to the copy letter and keep in a safe place - we may need that if you have to go to court.

 

 

I will wait to see if your bank comes up with Kensington's details before finalising the letter to them.

 

 

Once we get that sorted we can get on with claiming back charges etc etc

[kateamberforrest]

Please go straight to your local Citizens Advice IMMEDIATELY and tell them that you want to apply for the repossession to be suspended.

They will refer you to the appropriate body straight away.

Phone Shelter as well.

 

 

Do not delay and do not fall into the hands of the bottom feeders (buy-to-let and the like) who pretend that they can help you but just want to take your house as well.

DO NOT DELAY because Kensington WILL take your house.

 

 

As other people have pointed out, they are no better than [dis]organised criminals.

They took my home of 17 years in April 2015 and I am STILL trying to get justice.

 

 

The shortfall on my account was a mere £1108.88 but because they had already tried to repossess on two previous occasions for piffling amounts, the County Court bailiff turned up with the police, 2 locksmiths and an Estate Agents and barged the door, handcuffing me and putting me in the back of a police van while my home of 17 years was boarded up.

 

 

The more time that elapses, the more horrors have emerged, including the distinct lack of protection for the victims of these ruthless mortgage companies and their crooked associates (namely Countrywide who have been described as tantamount to gangsters. Look at their involvement in the American crash of 2008.)

 

 

I have nearly lost my mind over this but by no means is this the end.

The problem is that the Law is firmly on the side of the Banks and because I tried to get an injunction to stop them selling my home (for a guide price of £15K, the thieving bastards) with the County Court, the FSO would only look at parts of my complaint.

 

 

They have recently come back to me saying that Kensington have acted "fairly" and "reasonably" and when I let them know that I felt suicidal, they gave me the number for the Samaritans, as did the FCA.

 

 

I have only recently found this forum and I am absolutely determined to make sure that what happened to me doesn't happen to someone else, as well as eventually bringing Kensington and their corrupt directors to their knees.

 

 

I have done and continue to do extensive research on Kensington and have uncovered some very dodgy practices, not least their LTD status, their off-shore accounts and their contract terms which not only give them "power of attorney" over you but also state that they can commence repossession if you are in arrears by ONLY ONE MONTH (other more "respectable" mortgage companies will say 3 months.

 

 

The problem is that once they have applied for repossession and it has been suspended, the scene is then set for them to sweep in at any point after that with 7 days notice and TAKE YOUR HOME without breaking sweat.

 

This is my first post here,

but I am keen to gather a group of people who have been victims of Kensington's malfeasant practices and to go back to court en masse.

 

 

I am based in Huddersfield but am happy to travel anywhere in the country to meet up.

I volunteer at the Law Centre and with Horton Housing now having been forced onto JSA as a result of losing my home and subsequently my business.

 

 

Anyone else who wishes to tackle Kensington with me, or needs immediate advice, please message me with your email/phone number and I will do everything in my power to help you.

[dx100uk]

no thank you

en-masse always fails.

and thanks for the resounding vote that CAG knows what they are doing by recommending people go elsewhere.

 

 

shame you didn't come here when you had your problems

as we seem to bat kennys away quite easily here.

rather than the poor advice you got that resuted in your loss.

 

 

oh and what has the Fillmore Symphony Orchestra got to do with mortgage complaints?

 

 

dx

[Ell-enn]

And if you had read this thread properly you would know that the repossession has already been suspended. We are quite capable of giving the correct advice on this forum as the success stories prove. Asking people to join a vigilante against one particular lender is not helpful nor is it appropriate for this forum.

[eweeks]

Dear Ell-enn

I have now managed to pay the arrears amount via the online system.

The online system started working again yesterday for me.

 

 

When I checked the claim history at https://www.possessionclaim.gov.uk it says that a General Form of Application has been made on 24.05.2017.

 

 

Do I now wait for papers to come from the court or should I write to Kensington's solicitors / Kensington that I have cleared the arrears.

 

 

Could they withdraw the claim at this stage?

 

I have not send in any bank statements as they had asked me to.

The family member has already written about the money she gifted and we have a snapshot proof of receipt from Royal Mail.

Many thanks.

 

I suspect Kensington might slap me with a Solicitors charges or something of £500 + now

[Ell-enn]

Hi, if there are no arrears then they cannot proceed with any further action. You should write to them advising that as the arrears have been paid you expect that their application for enforcement is now cancelled.

[dx100uk]

now back to post 24

and get an sar running to them

get reclaiming and the insurances if they are not legally required too levy them

[eweeks]

I just looked at https://www.possessionclaim.gov.uk and it says

 

05-06-2017 Court Letter To Claimant

05-06-2017 Court Letter From Claimant

24-05-2017 Court General Form Of Application

24-05-2017 Court General Form Of Application

 

What would this mean?

Do I need to write to to Kensington or their solicitor?

 

Many thanks for your help.

 

 

don't think I am out of the woods yet, but so so relieved.

This forum rocks !!

[Ell-enn]

I suggested what you need to do in a previous post - i.e. send a letter stating that the arrears have been cleared and that you expect them to now confirm that any further action has been cancelled.

[eweeks]

Thanks Ell-enn. I have send the letter.

 

Interestingly when I logged in to possessionclaim.gov.uk

I found that a judgement has been passed yesterday which read

 

Upon considering the Claimant's application dated xx xxx xxxx and the witness statement in support of [Claimants Solicitor]

dated xx xxx xxxx

 

IT IS ORDERED THAT

1. The application be dismissed.

 

Reasons for order

The test to be applied is whether there are facts which take the matter out of the general rule that execution is not allowed after 6 years.

The mere fact that the defendant continues to be in breach of the original order and it would be cheaper and more convenient for the claimant to extend the warrant / obtain permission to enforce the

original order than to commence fresh proceedings is not sufficient.

 

2. Because this order has been made by the court without considering representations from the parties, any party affected has a right to apply to have the order set aside, varied or stayed.

 

 

A party wishing to make an application must send or deliver the application to the court to arrive at the court office 7 days from the date of service of this order. No court fee will be payable.

 

What would this mean to be?

Do I have to apply to the court that the SPO be revoked now that arrears are cleared.?

 

Many thanks

[BazzaS]

No, the court has decided the claimant can't enforce the SPO, as more than 6 years has elapsed. The court had stated that if the claimant wants to try to take possession they must start fresh proceedings.

 

Since you have cleared the arrears fresh proceedings won't succeed : : so unless Kenny's appeal to have the judgment set aside they are stuffed.

Even if they did get a set aside, you then note that there are now no arrears ; so, time to breathe a sigh of relief (& make your payments a priority!)

[dx100uk]

yep

you've won

 

nows the time to hit back hard

 

get that sar running

and get those penalties back.

 

Kenny's have been fined before use that to your advantage

 

dx

[eweeks]

I am afraid there has been some more developments on this case.

 

As I mentioned in #45 the application has been dismissed by the court.

 

 

 

Looking at possession claim online it says a Letter from Claimant to court had gone within 7 days of the order.

 

I rang Kensington's solicitors to get an update.

I didn't tell them that I was aware of the court having dismissed the previous application for a warrant. They told me that they were still waiting for an eviction date.

 

When I pointed out that the arrears have been cleared,

I was put on hold while the solicitor spoke to Kensington.

 

 

After several minutes she came back and said

"Kensington does not want to cancel the eviction yet.

They are still looking forward to the court to give an eviction date.

 

 

Why don't you wait for the eviction date which might take couple of months and when the date is delivered, please give Kensington a ring and then they will consider cancelling the eviction.

They might want to see whether you have been making regular payments"".

 

All this sounds bizarre.

But more worryingly there doesn't seem to be an end to this stressful situation and I now have to wait for that eviction letter to be delivered, despite having no arrears.

 

You guys have been so helpful and I would be very grateful if you could throw some light on what might be happening. Do you think Kensington would have applied for the order dismissing the application to be set aside/suspended.

 

Should I be making a submission to the court since the order also affects me but in a positive way. If I need to make a submission today is the 7th day from the date of service of the order.

 

Many thanks.

[dx100uk]

why do you keep putting you head back in the lions mouth..STOP PHONING THEM.

 

they cant repo

its out of time

ignore the willy waving.

 

have you sent that sar yet?

[Ell-enn]

Hi,

just keep making your normal monthly payments on time and wait and see if they do anything

- I doubt they would be so stupid as to try and go back to court when there are no arrears

- a judge would not be impressed with them !

 

But you HAVE to make sure monthly payments are made on time (or even early) so they don't have a reason to take further action

- and they WILL if you don't keep up payments.

 

Don't speak to them again - just make your payments on time.