Mortgage arrears- Kensington. Nervous wreck.

[sillygirl1]

I'm in rented property now and enjoying not having to spend every penny I earn on mortgage payments and rent, I've got a social life starting up again around things I enjoy and can afford the odd weekend away without any worries.

 

Hopefully the judge will see sense with the mortgage company, so many of them are pulling the plug now and will be out of business completely in the next year or so if the market doesn't improve. It should help the housing market as people won't be able to get big mortgages any more and then house prices won't go through the roof.

[Ell-enn]

Hi Tawnyowl - if you can hold on till tomorrow I will guide you through the defence papers. I'm just helping someone else with an urgent case at the moment;)

 

Kind Regards

 

Ell-enn

[Ell-enn]

Hi Tawnyowl, do you need help with your court papers? let me know and I'll help you with them. What date do they have to be returned by?

 

Kind Regards

 

Ell-enn

[Tawnyowl]

Thankyou for your help. I am just reading the papers.As the papers were issued 26th March i am just trying to find out when the defence form has to be in .The hearing is on the 7th May.I am going to fill papers in over the weekend.I fully expect somewhere along the line to get stuck and would definately appreciate your kind offer of help.I think after the help you gave last night and the result today in court you deserve a rest-do you like a stressful life.I thank you once again for your kindness and am sure i will need plenty of advice over the coming days.

[Ell-enn]

Hi there, I assume the defence forms you have are N11M ? the most important part of the form is point 27 at the end. I can help you write the correct words for this. It's a good idea to take a photocopy of the forms and fill one set in in pencil, that way if you make a mistake you can correct it before completing the other one in pen. You can also download the form at Her Majesty's Courts Service - Home (select forms and guidance from the menu on the left hand side). You can fill it in on the screen and print out.

 

If the date of issue is 26th, then the date of service will be 28th, so you have 14 days from 28th March - I make that 11th April.

 

Anyway, have a look at the form over the weekend and leave part 27 till last. I will have limited availability (houseguests!!) until Monday afternoon but will give you my undivided attention then.

 

Kind Regards

 

Ell-enn

[Tawnyowl]

Yes the form is a N11M.I have just looked at point27 and note its importance.I had a tremendous downturn at work from Nov.I am self employed and also had a very close bereavement in DEC which shattered me.Only now are things getting back to normality.Also my wife now has a part time job which will also help.We should be able to manage the 60.00 extra per month which we will offer.The 11th April will soon be here so will crack on over the weekend.I would appreciate help with no 27.The perfect solution would be over the lifetime of mortgage but cant see Kensington going for this.Enjoy your weekend and will return mon afternoon.Thanks Tawnyowl.Thanks for tips

[Tawnyowl]

Have noticed how Kensingtons costs are building up.About 900.00 plus arrears fees every month.Have also noticed how erc charge has been built in to total owed.Am surprised arrears fees every month dont stop even when hopeful reasonable outcome when going to court.Plus of course solicitors costs and court cost.

[ananya]

So I guess you've just had your quartely statement from our lovely friends at KMC then too?

[pogey]

Sorry to jump in on your thread guys but looks like I'm starting with the same problems with Kensington. I had the counsellor came out to me. Sat me down and told me what figure to offer. I agreed and made the first payment 2 days later by online banking. That was 3 weeks ago. This morning I got a letter freom Kensington saying that my offer is not acceptable and now they are starting repossession proceedings! I am £2549.90 in arrears and my monthly payment is £1055 without the arrears. The counsellor told me to offer £1100 per month which I am comfortable with. the thing is my next payment is due next friday and my arrears will drop to £1299.90 but thay still want to take my home away. What's the point of being charged for a guy to come and tell you what to pay, for them to turn his decision down?

Any ideas please?? What do I do now as I live in Scotland and don't understand the law up here?

[sillygirl1]

They are NOT ALLOWED to charge for debt counsellors, its in the OFT guidelines. All the debt counsellors do is come and see if you are 'living outside your means, ie you have flash tvs and cars' and they are NOT there to help you in the least.

 

If this does go to court Kensington will have very little to go on as you are about 1 month in arrears with a clear payment plan in place. If it does go to court ask the judge to tell them to freeze all their charges on the account - that should help shut them up a bit.

[The GodMother]

Oh and remember to ask the court to comply with OFT guidelines and remove the charge for the debt councellor

[Tawnyowl]

So I guess you've just had your quartely statement from our lovely friends at KMC then too?

You can read minds:eek::lol:

[ananya]

You can read minds:eek::lol:

 

I just happen to have had a lovely missive from them along similar lines

[pogey]

Thanks for that. Do you think I should up my offer or make them stick with the current offer. Currently paying £50 a month off but could afford £150 although would leave me flat?

[sillygirl1]

DONT up your offer, leave yourself some room just in case interest rates rise (there is that possibility). They are playing a dangerous game and want to push you over the edge - keep your offer as it is and you should be okay - increase it higher and you will be left with nowt....

[pogey]

OK. I think they are trying to pull a fast one anyway. They say my arrears at £2549.50 but when I worked out my arrears myself from their statements, I only get it to £1906.23 minus my payment this week of £1100 on friday will leave me with arrears of £806.23. Do you think they are trying it on?

No judge will reposses for that amount surely especially when I have a payment plan even it has been rejected will they?

[sillygirl1]

They are desperate at the moment to get as many cases into court as they can, it gives them some 'legroom' as their lending source has dried up. If they think they can take somebody's house and sell it quickly they will.... sadly it's very much a sign of the times now.

 

Make sure ANY correspondence from them is shown to the court, DO NOT talk to them on the phone 'as it's gone to court now' - use their tactics against them.

 

Also don't forget as son as the arrears are paid off you need to get a Notice of Disassociation to stop them going to court quickly again. It puts them back at square one with the paper trail and gives you an advantage that as you've paid off the arrears once, you can do it again in a short timescale....

[Tawnyowl]

Pogey please start your own thread call it something like PogeY v Kensington.You will still get tailored advice.

You could start it on Mortgage and Secured Loans Thread. Good luck Tawnyowl

[Tawnyowl]

Hi there, I assume the defence forms you have are N11M ? the most important part of the form is point 27 at the end. I can help you write the correct words for this. It's a good idea to take a photocopy of the forms and fill one set in in pencil, that way if you make a mistake you can correct it before completing the other one in pen. You can also download the form at Her Majesty's Courts Service - Home (select forms and guidance from the menu on the left hand side). You can fill it in on the screen and print out.

 

If the date of issue is 26th, then the date of service will be 28th, so you have 14 days from 28th March - I make that 11th April.

 

Anyway, have a look at the form over the weekend and leave part 27 till last. I will have limited availability (houseguests!!) until Monday afternoon but will give you my undivided attention then.

 

Kind Regards

 

Ell-enn

Thanks very much will be back Monday Afternoon. Thanks Tawnyowl.

[pogey]

OK started new thread under title Pogey Vs Kensington thanks for your help so far

[Ell-enn]

Hi Tawnyowl - how are you getting on with filling in your court docs? are you ready to complete part 27 yet?

 

Kind Regards

 

Ell-enn

[Tawnyowl]

Certainly need help with section 27.Have not got a clue what to put.Have not been online for a few days.Would appreciate any ideas what to put on 27 as it seems a very important section.Any information you require to help draft a letter i can PM you.

[Ell-enn]

No problem Tawnyowl - I'm on the case. When are you taking the forms to the court?

 

Ell-enn

[Tawnyowl]

I will take the forms to court next week although on the court form it says you can take them up to the last minute.I suppose it is best to give the judge as long as possible to read them.However i think you are right when you say the correct date should be the 15th April.I work with bricks and would find it tremendously hard to put a letter of this importance together.It would either put the judge to sleep or be to short to be any good.I suppose the good things going for us at the moment is that summer is coming and my job prospects are good and that my wife has taken a part time job .Upto 3 days a week.I cannot offer unrealistic amounts and still feel if i offer 60.00 max extra a month i hope this would be acceptable but am shaking a bit.I have other debts but most have accepted token payments.There is equity in the house -not much about 20000 . I would never think again about remortgaging .The death of my brother in Dec also was greatly upsetting although i know most people still get on with life.Just need help with correct words to say .

[Ell-enn]

That's fine - I'll get to work on it when I get home, so it will be later this evening when I send it to you.

 

Kind Regards

 

Ell-enn