Eviction imminent

[frightened fish]

hello everyone , i'm new to this site and i hope someone can give me some advice.

my partner and i currently have a morgage with kensington morgages. we got behind with morgages payments and kensington took us to court and got a possession order on us. we kept up with the payments and just before they were paid in full we started to fall behind again.

we were served with an eviction notice last week. we been to court to get an appointment with the judge which is going to be on wednesday the same day we are to be evicted. what happens now when we go to see the judge? how can we try to keep our home as we want to try to sell it ourselves to get out of this terrible mess we are in.

[tonycee]

Spend Tuesday on the fone to Citizens Advice, your solicitor, Kensington Mortgages. Despite what you might think, they DONT actually want to re posess. Have you tried to renegotiate the arrears.....

Is there any way you can find the money between now and Weds ?

Family ? Friends ?

Paying the Bailiffs the arrears on your doorstep will Stop the eviction.

Good luck..

[tonycee]

Just an afterthought..Welcome finance arranged a loan for me within 6 hours, it wasnt cheap but it gave me the time i needed. A call from them to Kensington to say they would clear the arrears would also stop the eviction........

I dont know if this is an option to you.

[frightened fish]

did you already have a bad credit history? as we don't have the greatest credit history.our arrears are £2,800. we really either just want to get the arrears sorted or come to some agreement on paying them back as we want to sell our house so we no longer have the headache of kensington.

[tonycee]

Yes terrible. Welcome arent to bothered about then, they are interested in now.They are not miracle workers, just another business, but they go much further than any other lender i know. Of course if you are beyond help even they will turn you down.

They unlike other lenders dont even get a second charge from kensington, they simply register their interest with the Land Registry so you cant sell without their knowledge, its like a second charge but less complicated.. I cant guarantee they can help you but based on my own experiences call them and tell them what you have told us.

You just might get lucky....

[frightened fish]

Thanks! I've got some useful information from different threads on this site so tomorrow i'm going to court armed with income and exspenditure sheets and how much we can afford to pay off a month and try and explain to the judge that the original amount of £120 a month on top of our monthly payment is crippling us as kensington keep adding the interest on plus £50 a month charges for arrears. we can only try and pray the judge is on our side.

[mrsfoot]

Hi Fish

Sorry I seemt o have missed your thread.

Please please only go to welcome as a last resort. They are happy to place a second charge on your house and if you fallbehind with payments they will also have a say on you selling your home.

 

Go to the court, take an income / expenditure form, any evidence of payment from the original possession order.

 

You are right to bring up the arrears charges to the Judge, and explain that for every 120 pound you pay off the arrears 50 is being added on for this charge.

The Judge has to remain fair, and they will, as long as you have shown you are trying to make the payments, make a further order for the arrears to be repaid rather than eviction.

If you read this before going to the court and you feel you need more info then please feel free to ask

 

Good luck

[frightened fish]

dear mrs foot

we havent been able to pay anything for the last 2 months will this go against us do you think? we go to court tomorrow. please reply if you get chance

thanks

[tonycee]

GOOD LUCK MY FRIEND

 

I am just starting a motorway journey but logged on to see how you got on...I will have another look when i get home...

 

Having been less than 24 hours from eviction once myself, i know where i would have been today...

[hagenuk]

Hello Fish - This is serious and you should seek professional advice as soon as possible. However, I appreciate that it will not be possible before tomorrow.

 

First of all, try not to panic - it is unlikely that you will lose your home tomorrow but there are certain things that you must do. The first of which is attend the hearing tomorrow. This is very important. If you do not attend then the Judge will have no option but to grant Kensington possession - you absolutely must attend!

 

There is the very slight possibility that Kensington will not attend and will be relying on the fact that you will not - do not however, rely on this yourself - you need to attend.

 

You can rely on s.36(2)(b) of the Administration of Justice Act 1970 which allows the court to suspend the possession order for such a term as the court considers reasonable. If the debtor can repay with in the reasonable time no possession order is granted.

 

Under s.8 AJA 1973 in exercising the powers under s.36(2)(b) the court only has to consider the sums payable in arrears and not any term which may render the full amount repayable.

 

What amounts to a reasonable period will depend on the circumstances of the case and can include the whole remaining term of the mortgage as occurred in Cheltenham & Gloucester v Norgan. This case also stated the factors the court will take into account when deciding what is reasonable, these are, ability to make payments now and in the future, likely duration of financial difficulty, reason for arrears and the period of agreement remaining.

 

Essentially, if you can show you can pay off the arrears over the remaining period the court will not order possession.

 

If you have not already done so then you should complete and take three copies of this form with you.

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=363

 

Make sure you complete it fully and give the lenders representative and the Judge a copy.

 

As you have fallen behind with the payments already and reached this point, you will need to show the Judge that this will not happen again and that whatever arrangement you make, you can stick too. Make certain that you have a plausible and credible story for why you have not paid for the last two months.

 

Is your hearing tomorrow an application to the Court to have the eviction suspended?

[frightened fish]

yes.

i have done a income and expenditure sheet. and a written proposal to pay £60 off the arrears a month .and i have also wrtten if this proposel is not acceptable then woud it be possible for the judge to award us aleast 21 days to try and raise the money. do you think this is ok hagenuk.

[hagenuk]

It is impossible to say of course and Kensington are one of the worst - they lend with a view to possesion and have even admitted the following "...following the deterioration of arrears experienced in the first quarter of 2005, we decided to accelerate our repossession strategy." in their latest annual report.

 

If you can show why you had problems and that you should not experience them again then you should find that the Judge will be sympathetic to your plight. However, do not expect anything from the Kensington representative, they are not there for you.

 

Present your case clearly and concisely and make sure you have a good, sound reason for the arrears and with what you have said above I feel sure you will be ok.

 

Let us know how you get on.

[hagenuk]

Another thought on this, in case you felt able to use that quote above, it came from this document.

 

InvestEgate, Kensington Grp. PLC - Interim Results

[frightened fish]

i will take that quote with me. the judge may laugh me out of the place but may be they might be able to see them for who they really are.

thanks for your advice:)

[tonycee]

Sorry, i wil leave you to the experts.........i read it like this....

Kensington Mortgage..

Missed Payments..

Repossesion application..

Application granted and suspended subject to new payment plan..

Missed payments..

Breach of court order..

Enforcement application..

Application granted..

Eviction notice given..

 

Please let us know how you get on, i guess things must have changed since i went through this just a few months ago......

Power to the people.....

[frightened fish]

thanks to everyone for your help and advice will let you know how we go on. god i've never felt so sick in all my life.

[frightened fish]

that was dreadful but at least we get to stay in our home. The judge wasn't happy with us at all but she agreed that we were aloud one last chance we had to pay our monthy installments plus the £60 off the arrears and although she said kensington would not be happy with this arrangement because they already charge us £50 a month so we are only paying £10 off the arrears but if we should miss 1 payment they are entittled to evict us. i have to admit there were times this morning during our hearing i thought the judge was going to say evict them.

I'd like to thank everyone on this site who has given me any advice or been there. i have really appreciated it THANK YOU!

[tonycee]

Way to go kid....... i hope you have learned a very valuable lesson..

I have to admit that i thought it was to late to turn this around..

Yes you do think she is going to ask for the keys..

Anyway you have your LAST chance, i hope you realise that and dont abuse it..

If there is the SLIGHTEST chance that you might miss any future payments, talk to somebody straight away..

Go and enjoy your life now.. Regards..

[hagenuk]

I'm glad it worked out this way for you, well done.

 

You know what you need to do now and as soon as you are able, perhaps you should consider moving away from Kensington, they really are, by their own admission, one of the worst.

[389shell]

I have just come across your thread and would like to say congratulations. If I were you I would get your house up for sale and look around for rented accommodation, I don't know what type of mortgage you have but the interest rates look set to go up to around 6% by early next year.

 

Wishing you well and I am really pleased the judge acted in your favour.

[Esio Trot]

that was dreadful but at least we get to stay in our home. The judge wasn't happy with us at all but she agreed that we were aloud one last chance we had to pay our monthy installments plus the £60 off the arrears and although she said kensington would not be happy with this arrangement because they already charge us £50 a month so we are only paying £10 off the arrears but if we should miss 1 payment they are entittled to evict us. i have to admit there were times this morning during our hearing i thought the judge was going to say evict them.

I'd like to thank everyone on this site who has given me any advice or been there. i have really appreciated it THANK YOU!

 

I have dealt with evictions for some time now. Sadly the moderators don't want a separate forum for evictions, as they think anyone in this situation should get legal advice. Trouble is, most people in this situation don't have money for proper legal advice and are seldom eligible for free legal advice.

 

You have done well. Particularly against Kensington.

 

Provided that you keep to your agreement with the court Kensington can do nothing.

 

You next stage is to look at the penalty charges including the monthly £50 admin fee. It is unlawful, as it is a penalty. General advice is normally NOT to start an action against your current lender, but as the court is involved and kensington's hands are tied, I think you have nothing to lose.

 

Just think, if you get the £50 fee waived plus a refund of all the previous ones (plus any DD failure charges etc) this might even cover your arrears.

 

Lastly, in your first post you didn't really give enough information for a detailed answer. One key factor is term remaining on the mortgage and level of any equity.

[tonycee]

Mr Fish ( mrs fish ? )

I couldnt agree more with Esio Trot...Its time to take a look at your charges...If you dont tackle it, look at it this way...

Arrears £2,800

Payment £60

Admin £50

Reduction £10

£2,800 by £10 = 280 months 23.3 years

£50 admin by 280 months = £14,000

If you are with Kensington you are probably paying at least 8 %

Depending on your type of mortgage you could end up paying around £30,000 for £2,800 arrears... Yes.. thirty thousand pounds...

Now you can see why i suggested a consoidation loan....

I know you are probably on cloud 9 today, but as soon as you come down its time to get your thinking heads on....If you miss just ONE payment,even though its only £10 you will be in trouble.

You have a second chance, use it wisely.. Good luck..

[hagenuk]

Well you are a real ray of sunshine aren't you tonycee? Anyone would think you are put out that the OP did not lose their house today.

 

I think that they have earned the right, having faced down Kensington and won, to a few days of peace, free from the Sword of Damocles that is Kensington Mortgage's very real threats of eviction. Re-read posts 16 & 17 for how fish was feeling before the hearing today.

 

They will have been told, in no uncertain terms by the Judge today what they must do and now at least and possibly for the first time in months, they can relax.

 

As for Welcome Finance, everyone would be advised to steer well clear of them and any company like them - borrowing more is not the answer to debt problems as it is a strategy based upon the quite obviously flawed premise that you can borrow your way out of debt!

[tonycee]

Hagenuk.. I noticed you never came forward and told us YOUR solution when YOU were less than 41 hours from eviction..

Been there have we ? Been in a position when you were desperate for any way out of losing your house ?

Frightened Fish was VERY VERY lucky to get the result that he did..

What would you be saying now, had they been evicted ? Oh well if they had taken a loan they would have been ok

Listen NOBODY is more pleased for them than i am, and having read threads 16 & 17 many times, at that late stage, i could do no more than call on my own experience........... but then you would know the feeling that i am talking about wouldnt you.. !!!!!!!!

If you re read the threads you will see that my advice was offered as an OPTION to stalling the problem NOT eliminating it......

 

I dont know how one gets the title of Site Helper, but please if ever you notice that i am asking for help and advice, keep yours to yourself ..