Kensington wants to repossess my home

[starz 61]

They will not help in any way my fixed term has expired was paying £800 PM they have increased it to £1,027 PM I am on benefit and cannot pay that amount. What I want to know is can I sell the house before they take me to court.

[Ell-enn]

Hi there, sorry to hear you are in this situation. Have you received possession papers from the court? Have you written to Kensington advising them of your situation?

 

Kind Regards

 

Ell-enn

[jansus]

Whatever you do please keep paying what you can each month even if it is not the new increased MP - this will hopefully give you more control over the situation as the courts will look favourably on this.

[starz 61]

Hi there, sorry to hear you are in this situation. Have you received possession papers from the court? Have you written to Kensington advising them of your situation?

 

Kind Regards

 

Ell-enn

 

No papers yet, Kensington sent a guy around to do expenses etc, I told him my husband has just come home from hospital after a multiple heart attack and he does not know about the problems yet I am scared to tell him. Also have 3 young children. Anyway Kensington sent back to me and said they will not accept my proposals, I phoned them asked them to spread arrears over mortgage term 23 yrs and reduce payments back to £800 dwp pays £506 and I paid the rest from my child ta credit, but my fixed rate has ended and they want over a thousand now I cannot pay it I was struggling on paying all my tax credit.

I want to know if I can try to sell my house now.

[jansus]

First of all it is not entirely up to Kensington whether you lose your home it is up to the court. So please try and read round some of the other threads on here and you will see that many people have been able to stay in their homes. Ell-enn will I am sure help you with the legal aspects and the most important thing is to remember you will get some help and support now.

 

What sort of equity is there in the house

( I know that is a difficult question as valuations are difficult at the moment)

 

Long term do you think there is anyway you can afford the MP ?

 

Are there any other benefits you may be entitled to?

 

I am sorry to hear about your husbands health problems - was this the start of your problems?

[jansus]

http://www.consumeractiongroup.co.uk/forum/repossessions/165261-plan-ease-repossession-rates.html

 

have a read of this thread as well it sets out guidleines for how the lenders and courts ahould be behaving.

[starz 61]

First of all it is not entirely up to Kensington whether you lose your home it is up to the court. So please try and read round some of the other threads on here and you will see that many people have been able to stay in their homes. Ell-enn will I am sure help you with the legal aspects and the most important thing is to remember you will get some help and support now.

 

What sort of equity is there in the house

( I know that is a difficult question as valuations are difficult at the moment)

 

Long term do you think there is anyway you can afford the MP ?

 

Are there any other benefits you may be entitled to?

 

I am sorry to hear about your husbands health problems - was this the start of your problems?

 

Been to court before and managed to keep up payments etc but now they have increased to over a £1000 a month I will not be able to keep up with that amount, hubby and myself have heart problems mainly caused through Kensington also got 2 charges for £4000 each. there is some equity min £20,000 I would guess.

Thanks to all of you for helping me.

[jansus]

Well in that case you should be able to sell the house if that is what you chose to do as if there was negative equity you may have problems with getting permission.

 

I agree that if this is your final decision then you should try and keep control of the situation. Both of you really need to sit down and decide which way you want to proceed. Is this a temporary problem that could with some help be resolved? In which case you will want to try and keep the property and keep fighting . If you really feel that you will be better off without all the worry and stress and you need a fresh start maybe in rented accomodation then accept that and move on.

 

Obviously you will have more control if you market the property and dont let the buyers know about your situation.

 

I think as a family you need to make that decision and then you will get help here with whichever course you decide to take. You are the only ones that can decide what is the best course.

 

In the mean-time you can post up any immediate letters that are cousing you stress ( removing personal details) that need dealing with and we can deal with those one at a time.

 

By the way my sister lost her house through different circumstances and is now renting with her three children - and she said it is the best thing she did. She feels a lot happier and as if a weight has been lifted from her shoulders.

[OLIVE.FAMILY]

Hi there, I am just offering some moral support. I am one of those who has kept her home. I am also a Kensington customer. Firstly you sau that DWP only pay so much. I may be wrong here and If I am somebody please correct me. Are you on interst only? as I thought that DWP were supposed to pay all the intrest.

 

Please try not to panic, The guys on here have helped me beat Kensington 3 times this year.

 

olives xx

[mercyblue]

DWP pay interest I think based on the BoE rate plus a percentage (I think its 1.45%). I assume a kensington mortgage will be based on LIBOR +whatever hence the discrepancy.

In fact the recent base cut will screw alot of people unless the LIBOR rate falls will save the government plenty though.

[OLIVE.FAMILY]

Thanks for that Mercyblue:)Well thats a lot of help for these guys. This LLIBOR and Bof E rate stuff confuses me. It seems the more I figure it out though the more I feel we are all being ripped off even more. That will also be why KMC are not reducing there mortgages.

 

olives xx

[starz 61]

The guy from KM told me we cannot put your arrears over the lifetime of the mortgage etc etc in other words we want your home and will do evrything to get it we will not help in any way and we are not connectected to the BoE base rates but they do not tell you clearly what exactly they are doing.So I am phoning them today to find out If they have put me on interest only etc.

I have decided I am selling now. Already put my name forward to a housing association.

[OLIVE.FAMILY]

It is not up to KMC to say if they can spread the arrears. A judge is the person who can make that rule. Sorry I am trying to control my anger as I can not believe that even after the new mortgage protocol and all that the Government have to say they STILL insist on doing this to people.

 

Let us know if you are intrest only and what they say.

 

olives xx

[jansus]

The guy from KM told me we cannot put your arrears over the lifetime of the mortgage etc etc in other words we want your home and will do evrything to get it we will not help in any way and we are not connectected to the BoE base rates but they do not tell you clearly what exactly they are doing.So I am phoning them today to find out If they have put me on interest only etc.

I have decided I am selling now. Already put my name forward to a housing association.

 

There is a case that can be quoted in court that a judge would consider which would over rule what you have been told.

 

We all have to respect your decision - but remember if you do want to fight then there are people here that will help

 

Please remember to keep making some payment while the property is on the market in case it takes a while and you end up having a hearing . It will go in your favour even if you are just trying to buy time.

[jansus]

Personally as well I would ask for a supervisors name and then do a letter

 

Explain one last time your situation

State that you do not feel they have appreciated your situation

State that you are asking for assistance not hassasment

Ask for a copy of their complaints proceedure

Tell them exactly what you can afford to pay by sending an up to date income and expenditure form.

Tell them you want everything in writing as you feel the phone calls have made the situation worse

 

Send recorded delivery

 

It may be useful in the future

 

IMO

 

 

Send recorded delivery

[OLIVE.FAMILY]

Jansus is spot on. If you keep these letters and the copy of the recorded delivery receipt and IF it goes to court you use these letter sto show that you have tried to come to an arrangement and that KMC have not made it easy for you to do that.

 

olives xx

[starz 61]

Thanks everyone I will do as you advised..

Thank you again, I will keep you posted.........

[Ell-enn]

Hi Starz, if you can wait till tomorrow I could draft a letter for you?

 

Ell-enn

[starz 61]

Hi Starz, if you can wait till tomorrow I could draft a letter for you?

 

Ell-enn

 

 

Oooh! thanks, that would be great my head is shot to bitz and cannot get into gear.

thank you so much that is really kind of you. god if everyone in the world was like the good guys on this forum would'nt the world be heaven?

Thanks again Ell-enn. xx

[Ell-enn]

Hi Starz, you stated earlier that you had been to court once before - did you get a suspended order? are you still under that suspended order?

[starz 61]

Hi Starz, you stated earlier that you had been to court once before - did you get a suspended order? are you still under that suspended order?

 

not sure, how can I find out? Judge told us to pay our MP + £100 and we had been doing that until recently with the help of the DWP.

[Ell-enn]

Did you get a letter from court (court order) a few days after the hearing confirming what the judge said? If so - you need to find it pronto.....

as it could be that you are under a suspended possession order which means if you miss any payments they can go straight for an eviction order without going back to court (don't panic - we can still defend, but need to know what we are dealing with).

 

Ell-enn

[starz 61]

Did you get a letter from court (court order) a few days after the hearing confirming what the judge said? If so - you need to find it pronto.....

as it could be that you are under a suspended possession order which means if you miss any payments they can go straight for an eviction order without going back to court (don't panic - we can still defend, but need to know what we are dealing with).

 

Ell-enn

I cant remember and cannot get the info till tomorrow I will have to phone the court will they give me the info do you think?

After I agreed to pay arrears and pay extra MP the mortgage company sent me a letter saying they would add the rest to the mortgage lifetime! I am really scared now my husband has not long come home from hospital after having multiple heart attack, 3 children under 13 and we could be homeless by Christmas, shall I get a solicitor tomorrow? OMG I am so panicked..............

[Ell-enn]

Don't panic, we just need to know what the true situation is. Do you not remember getting letter from the court after the last hearing. Please try not to worry too much, you will not lose your home, we will be able to put forward a defence.

 

In the meantime, I have affixed a budge sheet for you to complete as we will need that in any defence. Print one off to "practise" on first.

 

Also, gather together any correspondence you have received from them and also any copies of letters you have sent.

 

You really need to try and find the court order from the previous hearing.

 

We will do all we can to help:)

 

Ell-enn

Budget Sheet.xls

[OLIVE.FAMILY]

Hi starz, I know how worried you are. It is a terrebile feeling. You are in good hands though I can assure you of that. Ell and all the rest of us are to here to help you through this weather it be words of advice encouragement or just to listen. Please try hard not to panic

 

olives xx