Kensington First Court Hearing and got 28 day possession order.

[jansus]

I am not sure to be honest - was another hearing date organised?

 

I hope Ell-enn can answer you.

 

Personally I would send a recorded letter to the lender and a copy to the court explaining you have an offer and are still waiting a reply - OR call the court and explain the 7 days is up and ask them what to do next.

[Taz11]

Hi Jansus,

 

no another hearing has not been arranged. We now have a prospective tenant, who wants the property for 2 years with a rental that will pay the MP and a bit of the arrears, so I'm eager to get something sorted. I've only just today received a letting pack which I have to return to the mortgage company. I just hope that they agree??

 

thanks Taz11

[citizenB]

Taz, have hit the SOS button for you.

[Desperate Daniella]

Taz,

 

I'm wishing you all the luck in the world with this. I had to fight a repo order earlier this year and it was bloody terrifying.

 

DDxx

[Desperate Daniella]

Sorry I can't add to the excellent advice you have been given here. I managed to deflect it a bit earlier.

 

DDxx

[Taz11]

Thanks CB, my heroine...lol

 

....and thank you Daniella for your support. I don't have long, but do have a get out of jail card with this tenant if Kensington agree to it. The tenant has also hinted that if they like it and make it a family home, they may wish to purchase!!!.

 

Spoke to Kensington this morning, and surprisingly enough the guy in litigation couldn't have been more helpful and understanding :confused:. Said repo is the very very last resort and if I could make a token payment, which I now intend to do, it would make a good impresion on the file. Advised me to send the letting pack back recorded delivery..............and make sure any token payment I make doesn't leave me short on living costs :eek:. Was he for real??, an understanding mortgage employee.........or just calm before the storm...lol

 

thanks for everyones support.

 

I have everything crossed xxxxxx

 

 

Taz11

[Desperate Daniella]

Sorry, Taz, I should have said that I scraped as much money as I could together and paid one-sixteenth of the outstanding arrears. Actually when I|rang and begged them to accept that I rather got the impression that they would have gone for considerably less. I have now paid six out of the sixteen payments and hope that when I get up to eight (or 50%) it might ease up if I am a bit late, but for the moment I am just getting there every month.

 

I have everything crossed for you too.

 

DDxx

[jansus]

everything crossed here for you as well.heres hoping.

[Taz11]

Thanks everyone,

 

If and its a big IF, we either get mortgage company to allow us to let or benefits to help us, how/who do I approach to stop the order by the 17th??.

 

This is now getting worrying, as we had the court decision through this morning which says in effect they could evict us on the 17th September :-o !!!

 

Taz11

[Ell-enn]

Hi Taz, what exactly is the wording on the court order you've received.

[Taz11]

I'll scan it in Ell-enn, give me a moment

[Ell-enn]

Remember to remove the case number and names, amounts etc.

[Taz11]

Here you are,

court order.pdf

court order 2.pdf

[Ell-enn]

Hi, you could enter an N244 application asking for the eviction to be suspended and that Kensington have not complied with the order to advise you by 27th August if you can rent the property. You would need documentary proof from the estate agent of the tenant and the amount of rent which would be paid.

[Taz11]

Hi Ell-enn

 

I phoned the court this morning as soon as I got it, and they informed me that the part that says they must advise me if it can be rented means nothing. Its just a note of advise from the judge ???

 

so do you think its worth an n244.

 

We also have the possibility of help from benefits, so don't really know what course of action to take. I have an appointment with the letting agency tomorrow. Is it worth getting a letter to say how much the let is worth gfrom them and than sending an n244.

 

The judge said she can't act on the benefits claim, as of yet we don't know how much it could possibly be.

 

The woman this morning at the court said they could issue the warrant in one day................yet the mortage company said repo is the last resort......so who am I to believe.

 

Not sure where to turn

 

thanks

 

Taz11

[Ell-enn]

I think you have time to send the letting pack (by special delivery!) keep a copy! and see what reply you get - did you get the name of the guy you spoke to so you can send it direct to him? if not ring him back and get his name and department, address etc.

[Taz11]

Hi, Ell-enn, the guy I spoke to was litigation. I asked him about the rental and he said it was not his department.... and couldn't help unfortunately. I've sent the letting pack recorded delivery to the Mortgage Administration department as that is who it came from. I unfortunately didn't take a copy of it

 

He said if I could make a token payment however small it would be in my favour, which I intend to do next week. I have his name and have asked to speak to him again. He said ring on the 4th to see if they have received anything from dwp with regards the benefit.

 

The real point is, I don't really know what I need to offer to try and get the order set aside/lifted etc... or what course of action to take. We have a tenant available and could offer payment depending on benefits, but it all seems too late, as I assume I would need another hearing.

 

Who actually makes the decision to enforce the order, the court or the claimant??. If I can persuade the mortage company to accept an offer are they capable of not carrying out the order...........or is it a dead cert because the court have sanctioned it??

 

thanks for all the help

 

Taz11

[Desperate Daniella]

Hang in there, Taz,

 

Ell-enn really is fantastic in these situations. You couldn't have anyone better rooting for you.

 

DDxxxxxx

[GLADSTANES]

Taz

 

My heart goes out to you.

 

The claimant can cancel the warrant at any time right up to the last minute almost as far as I am aware.

 

The reason that I know this to be true is because in January 2008 we were about one week away from repossession.

 

We had received the warrant and the only reason we kept our house was because the remortgage completed one week before eviction.

 

Our CAB housing solicitor told me that warrants of eviction are cancelled every day.

 

To him it was routine and to me it was crisis.

 

You must get the relevant form filled in as soon as you receive the warrant.

 

You cannot unfortunately apply before then because you have to put the warrant details on the form.

 

Just follow Ell-en's guidance.

 

Surely there is no reason why you should not have more than one solution.

 

The judge can direct.

 

All the very best to you.

 

Gladstanes

[Taz11]

Hi GLADSTANES,

 

Thank you so much for your support. It is so frustrating!!, we have two possible proposals, but I don't know how to put them forward or who to put them forward to in order to try and cancel the order. We haven't received a warrant yet. I am/was hoping to get the order set aside/lifted etc... before the warrant was issued, but have no idea of how to go about it.

 

If Kensington agree to let..............who do I propose the offer to??, do I have to advise the court or Kensington.

 

If I get a benefits option, again, do I forward the proposal to Kensington or court.

 

My head is really spinning with this..........and I keep counting the days

 

thanks again Taz11

[Crapstone]

All your payment proposals and negotiations should be with Kensington to stop them enforcing the order.

 

At this stage I wouldn't make any 'token payments' until they accept your offer of either benefits or letting. You may need every penny you have and they will grab all they can regardless of promises that it will go in your favour. If you need to rent somewhere you might need that cash.

 

The court doesn't enforce the order, Kensington have to apply for a warrant, but you can still apply for a court hearing or ask Kensington to drop it even at the last minute.

 

I know your head is spinning..I went through the same with only a few days notice and I wouldn't wish it on anyone.

 

Good luck and listen to Ell-enn as she can guide you through the letter writing far better than I can.

[Taz11]

Hi Crapstone,

 

Thank your for your support. Its so frustrating that I put proposals to Kensington back in January and have been ever since, but they have declined to answer any of them. I put this to the judge with all the correspondence I had sent to Kensington, and she basically ignored it.

 

I have since sent another letter to the litigation department complaining of the way I have been treated. They have replied saying they are investigating the matters I have raised and will provide me with a written response as soon as possible..................not that its a lot of help .

 

They have not replied to the 7 days to inform me if its possible to rent, so would this be a good enough reason to submit an N244 ??, and I'm sure the letting agent would provide me with a letter stating the rental value and that a tenant is waiting to rent the property..............................or do I wait for confirmation about benefits and the right to let from Kensington.

 

 

I hope you had a result with your situation.

 

 

thanks

Taz11

[Taz11]

Just been to agent and have a letter stating rental value.

[Crapstone]

Hi Crapstone,

 

Thank your for your support. Its so frustrating that I put proposals to Kensington back in January and have been ever since, but they have declined to answer any of them. I put this to the judge with all the correspondence I had sent to Kensington, and she basically ignored it.

 

I have since sent another letter to the litigation department complaining of the way I have been treated. They have replied saying they are investigating the matters I have raised and will provide me with a written response as soon as possible..................not that its a lot of help .

 

They have not replied to the 7 days to inform me if its possible to rent, so would this be a good enough reason to submit an N244 ??, and I'm sure the letting agent would provide me with a letter stating the rental value and that a tenant is waiting to rent the property..............................or do I wait for confirmation about benefits and the right to let from Kensington.

 

 

I hope you had a result with your situation.

 

 

thanks

Taz11

 

Hi Taz,

 

If Kensington didn't comply with the judges directions then I would go ahead with the N244 to get it suspended. and not hold off waiting as time is of the essence. You should then be able to raise the fact that you have a tenant waiting on the decision.

 

I did get a good outcome and have fought off mortgage repossession and a warrant of eviction on a charging order. Partially thanks to the people here and digging my heels in!

 

Keep your chin up.

[Taz11]

Thank you Crapstone,

 

obviously next question, how do I go about completing a n244 with the information I have ??

 

cheers Taz11