Unity Homeloans to Kensington mortgages - Suspended Possession - HELP

[OLIVE.FAMILY]

Sounds about right. Like i said if we were fortunate enough to see KMC collapse then we will be sold to anouther comapny I reckon. Look at Northern Rock.

 

olives xx

[hedgehog0045]

Sounds about right. Like i said if we were fortunate enough to see KMC collapse then we will be sold to anouther comapny I reckon. Look at Northern Rock.

 

olives xx

 

Probably not much chance of it though

[hedgehog0045]

I have noticed my mortgage arrears went up and then down again over a couple of months and when I checked my statement I noticed the solicitors costs for the repossession hearing had been added to the arrears? Is this correct or should they have been added to the mortgage?

[OLIVE.FAMILY]

They should have been added to the mortgage

 

olives xx

[hedgehog0045]

Hmmm. pulling a fast one I think. I know the monthly arrears fee is added to the mortgage but wasn't sure about the legal costs. Time to make a short sharp phone call.

[OLIVE.FAMILY]

Go get em, Let us know what excuse they come up with

xx

[hedgehog0045]

I have a suspended possession order on the mortgage and have noticed that it says payment on the 1st of each month. When I looked through the terms and conditions of the mortgage from the mortgage company, it states that the payment must be made WITHIN the month.

 

Up to now I have been making my monthly payments usually within the first 2-3 days of the month. Octobers payment however has been late due to my wife having a baby and me having to take a week and a half off work. I am self employed and as such my income took a dive for a fortnight. I have not had any letters from the mortgage company and have will be paying the October mortgage payment next monday. My worry is that they will restart proceedings for repo because this payment is 'late' according to the court order, even though in reality the payment will be made in accordance with the mortgage terms and conditions.

 

Should I contact them or just make the payment on monday and hope they haven't restarted proceedings?

[tonycee]

Contact them now, ASAP, without delay.

 

Ignoring the fact wont solve the problem, but talking to them might.

 

They are only human. ( Well, some of them)

 

Dont risk the pain of court again, when the cost of a call can prevent that.

 

You owe it to your new baby.

 

 

[Ell-enn]

To be honest, usually lenders (depending on who it is of course), don't know that payments haven't been made until after month end. If your T&C's state within the month then the lender will probably be working to that and will not have noticed the court order states 1st of the month.

 

The court have to specify a date for payments to be made, but they won't know they aren't unless the lender tells them.

 

Who is the lender?

 

When you ring up to pay this month's just apologise for it being a few days late as your wife had a baby and see if they say "it's ok as long as it's paid by the end of the month" - I'm sure they will....

 

Ell-enn

[hedgehog0045]

Hi Ellen - the lender is Kensington so being a little cautious

[SPROUTY]

They are unlikely to take any action within a month, however strictly speaking you should comply with the court order.

 

Somebody I know fell behind with his payments and although he managed to get up to date before a repo. order was granted by the court the judge reminded him to comply with the order "on the date set" either way he shooed the solicitor acting for the mortgage out!!

[hedgehog0045]

Thats my point. Although the court order says on the 1st of the month it contradicts the t&c 's of the mortgage so technically providing it was paid in that particular month, then there should be no problem for the mortgage company. I have been paying as per the order on the 1st or within a day or so.

[cat100]

If it says the 1st of the month on the court order that is what you go by.As TC has said do not give them any excuse to start proceedings again.

[hedgehog0045]

I have a mortgage with Kensington that is in arrears. I have been paying the arears off each month as per a court agreement 12 months ago. The agreement was to pay off the arrears (£6k) at the usual monthly payment + the set arrears payment each month.

 

I have been contacted by Kensington who have said that they want to see me to review the repayment of the arrears and discuss the various options now available to them. They also stated that my 'agreement' period was due to end this month ???

 

As far as I know the court asked me to pay the arrears by a set amount each month until cleared so how the heck can my 'agreement' end this month??

 

Are they pulling a fast one here?

 

HELP

[42man]

All I know is that Kensington will charge some ridiculous fee to come and see you....which is actually creating more of a problem rather than helping at all with the solution (that money could be used to pay off the arrears!!).....If it was me I would flatly refuse, if you are keeping to the court order, then it is the court that decide not Kensington.

[Ell-enn]

Absolutely right 42man! if you are making payments in accordance with the court order then they should not be asking you to increase your payments.

 

You should write back to them advising them that, as you are complying with the court order, your current financial position will not accommodate any increases in payment. Furthermore you have no wish to be visited by one of their advisors as you would be unable to sustain the additional cost of that service.

 

If you need help with the letter let me know.

 

I am of course assuming that the court order did not state that there should be a review after 12 months? do you have a copy of the order?

 

Ell-enn

[hedgehog0045]

Good question. As far as I can recall there was nothing in the order about a review but I will double check when I get home tonight and let you know.

 

The lady said she wanted to do an income and expenditure but I think this is only to see if I have more money available.

[Ell-enn]

Hmmm, and if you had any more income spare did she think you were going to pay it to them?? Tell them your finances have not changed since the income & expenditure submitted to the court on the N11M defence papers (you did return defence papers?). The offer to draft a letter is still there if you need me to.

 

Ell

[hedgehog0045]

Does anyone have the sort code and account details to hand for Kensington Mortgages (Skipton) to enable me to set up a standing order?

 

Don't want to ring them as they are usually unpleasant to deal with !!!

[Ell-enn]

Have they ever sent you a direct debit form to fill in ? the details would be on there.

[hedgehog0045]

Hmmmm, thats a thought. I will see if I can find one in my paperwork.

 

Thanks Ellen.

[Ell-enn]

I'm sure I'm telling you something you already know but.... don't forget to put your account reference number in the standing order details so they know where to credit the payments to

[hedgehog0045]

I'm sure I'm telling you something you already know but.... don't forget to put your account reference number in the standing order details so they know where to credit the payments to

 

Yes I am aware of that one thanks Ellen. I got caught out with that once before

 

I am sure they will hate me paying by standing order but its the only alternative to sending a cheque every month.

[hedgehog0045]

Hi all,

 

I got into difficulty a couple of years ago and my mortgage company took proceedings. They were granted a suspended repo subject to arrears plus £250pcm on top. (Mortgage is just over £700pcm)

 

All was going well until I had to close my business due to the loss of a large contract with a local authority. The business is LTd and due to be struck off in March.

 

Since the business ceased trading at end on October we have been living off tax credits and family allowance ( we have 6 children) plus a few extra pounds earned from delivering phone directories.

 

I paid the mortgage in Nov but only made part payment in Dec. I then paid £600 of the £700 due in Jan and this month will be able to pay the full amount of mortgage plus arrears of £250.

 

I received a letter this morning from te solicitors stating that as I had missed a payment in Dec and not paid the full amount in Jan they would be seeking to enforce the eviction order if the full arrears are not paid in 7 days.

 

I am going out of my mind with this. Arrears a couple of years ago were £7500, they are now down to £4800 and would be around £4000 if the Dec / Jan payments were up to date.

 

What should I do?

[Guest Old_andrew2018]

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