Kensington First Court Hearing and got 28 day possession order.

[Crapstone]

Sorry, I can't help you with that one as Ell-enn is far better with the forms than I am. I'm sure she'll be along shortly to advise you.

[Ell-enn]

Hi Taz, I'll get back to you tomorrow if that's OK (you can't do anything with the form until Tuesday anyway).

 

Do you have an N244? if not I've affixed one to this post, and will help you with filling it in.

 

Ell

n244_0400.pdf

[Taz11]

Hi Ell-enn,

 

Thanks so much. I appreciate that I have not been able to make payments, but am really annoyed that Kensington have not tried to help/negotiate in any way, and it has got to this late stage in order to pull something out the hat.

 

I'll wait to hear from you regarding the N244 (thank you for the attachment), have a good weekend and thanks again. Its a matter of principle now.

 

regards

Taz11

[GLADSTANES]

Taz

 

Remember in your blackest moments that these people only care about one thing-profit!

 

If you come up with viable proposals they will go for one of them because if they repossess they are bound to take a loss.

 

Stay positive and get in touch with your local CAB housing solicitor as well as all the supporters on this site.

 

You will keep your house.

 

"unleash the dogs of war" (Shakespeare).

 

Gladstanes

[Desperate Daniella]

Taz,

 

Gladstanes, Crapstone and I all got through it, and you can too.

 

DDxx

[Taz11]

Thank you Daniella,

 

Its a waiting game unfortunately. As yet I have heard nothing from either Kensington regarding letting or benefits, and only have till the 17th. If neither proposal is accepted by Kensington not sure what I'll do

 

My only defence at present until I get confirmation that they will accept a proposal, is that they have failed within the 7 day limit to advise me that I can let the property.

 

 

thanks for everyones support.

 

Taz11

[jqinfo]

Good luck Taz, I have been reading your thread and I sympathise and I can envisage having to help a friend of mine with this in the not too distant future, but it is enfuriating to read that a judge who is employed to apply the law has not done so correctly! If there are protocols that Kensington should have followed, surely it is the judge's job to make sure that these are enforced and then you would now be negotiating without the deadline looming and marginally less stressed?!

 

Is there not a route for complaining about the judge to try and stop the process another way, if there is not sufficient for the N244? Anyone? If you cannot rely upon the court applying the law correctly, who can you rely upon?

 

I wish you all the luck in the world!

 

JQ

[Ell-enn]

Hi Taz, I think you should wait until the 4th to ring the guy you spoke to as he suggested. He may have news about the DWP payments which would be helpful to put into your N244.

 

Re letting the property - will the rent cover the mortgage and a bit towards the arrears?

 

Although Kensington were given a 28 day possession order, they will have to issue a warrant of eviction if you have not left by the time the 28 days are up. The warrant will usually be for 14 - 21 days so we do have some time to make sure we have everything we need for the N244.

 

I know you will feel you want to be doing something now, but it really is best to have all options covered and documentary proof. However, it's your decision and I will help with whatever you decide.

[Taz11]

Hi Ell-enn,

 

You are quite correct, I am a little impatient, and feel as though I should be doing something.

 

The rent will cover the MP and some arrears, and now family has said they will help aswell, which will mean few hundrerd pounds a month towards.

 

I'll wait till the 4th and speak to Kensington again, and follow your lead. The only thing I'm concerned about is the letter from solicitors saying I should pay full amount back, which is obviously out of the question. The judge seemed to think that I could possibly pay it back over the term of the mortgage, which would obviously be a big help.

 

I have two proposals........if I hear back soon enough, one is the dwp and one is rental. Surely they would rather accept one of these proposals rather than a repo and shortfall in mortgage.

 

Sorry Ell-enn, one more q, if they decided to repo and I have a shortfall, the only alternative would be BR. Is this something you would possibly "threaten" them with. In other words, you take my house, I'll go bankrupt, and you get nothing else............or would this sort of statement likely to get their back up even more.??

 

thanks once again for your reply Ell-enn.

 

Soon as I hear anything, I'll get straight back on for your advice.

 

regards

 

Taz11

[Ell-enn]

Hi Taz, I wouldn't mention bankruptcy if I were you, a judge might see that as blackmail.

 

If they do go for possession and there's a shortfall you can consider that option then - but I do think you'll be able to suspend the eviction if we can get the right information with documentary proof.

 

Ell

[Taz11]

Thank you Ell-enn,

 

I'll sit tight (although I'll find it hard..lol), once I get any replies, I'll post immediately.

 

For now, your help is very much appreciated.

 

I've attached a letter (obviously deleted all information and headings) from the letting agency, who have a tenant all ready to take on the tenancy.............but until we know from Kensington we cannot advise them to the fact that we would like the tenant to take on the let. The tenant is eager to move in by the end of the month. !!!!!...........and has a substantial deposit. Our hands just seem to be tied at this moment :(

 

 

 

regards

Taz11

rental value.pdf

[Taz11]

My wife spoke to the litigation department again at the Kensington, and the woman told my wife, if I we were able to pay 3 months consecutive payments on the mortgage they would capitalise the arrears, but of course we first need to know what dwp will offer...........or rental............is this an olive branch ???.

 

Why the bloody hell didn't they offer me this 6 months ago when I requested the arrears be capitalised:evil::evil:.

 

Again, she told my wife, repo is the very, very last resort. :-?:-?, and they want to try and help. It seems litigation and administration do not talk to each other.

[Crapstone]

Hi Taz,

 

Aways ask them to back up everything they say on the phone in writing and don't assume anything until they do.

[Taz11]

Hi Ell-enn,

 

I have received a reply from Kensington regarding my complaints with regards to the mortgage arrears protocols. The reply is a bit hit and miss. They confirm they have replied concerning payment holidays (which they had)...but have tried to include the fact they do not capitalise payments, even though this was not advised to me in writing in February.

 

They accept responsibility that they have not replied regarding my earlier letters requesting the letting of the property, reducing the payments or selling the property. With this in mind, they are offering me a £100 full and final settlement to accept their response !!!!!:eek::-x:-x.

 

What are your thoughts Ell-enn. I STILL have no reply regarding the letting of the property, and we could lose our potential tenant. Time is running out:-(.

 

regards and thanks for any info

 

Taz11

kensington1.pdf

kensington2.pdf

kensington3.pdf

[Taz11]

Sorry people, been away for a while, trying to get my head around a few things. Just would like to add, there is light at the end of the tunnel. Have come to an agreement with Kensington, and back on track again. THANKS TO EVERYONES INPUT. We still have a roof and home

 

Regards

 

Taz11

[Ell-enn]

Great news - well done !

[Desperate Daniella]

Taz,

 

That's great. I am so happy for you.

 

DDx

[jansus]

So glad things are looking a bit brighter for you.

[citizenB]

This is really excellent news Taz

[Taz11]

Thank you for your kind words and support. I'm obviously not out of the mire yet, but Kensington to be perfectly honest were very reasonable to talk to (have I actually said that ) and considering the amount on the arrears they settled for a very reasonable amount of £92 over and above the normal payment. If I can keep this up for 3 months, then I will ask for capitalisation on the arrears. They tell me, that once the arrears are capitalised.......it means they are non existant.....................so if no arrears, does that mean the possession order can be lifted??.

 

 

thanks once again

 

Taz11

[nevos]

Hi, just read your thread wall to wall, it's great you had a happier outcome and some first class help.

 

Does it mean you rented it out or your benefits are paying the interest etc? sounds a bit inconclusive...sorry if I'm being thick.

[Taz11]

Hi toall,

 

Sorry to have been a bit vague recently, but my father in law has been admitted to hospital with suspected heart failure and my mother in law has had a very bad fall and looks like will be in the same hospital, so you can appreciate everything is hands on at the moment.

 

Just a quick update. I've successfully made three payments to the mortgage and on contacting Kensington they have advised me that they have now capitalised the arrears due to the regular payments, so they are now non existant and the mortgage has gone down by £100 by doing this. I'm assuming I could now get the possession order lifted as there are no arrears present.???

 

Once again, thanks for everyones support and help...................just the cards and loans to sort now.

 

Regards

 

Taz11

[citizenB]

Sorry to hear about the health of your in-laws.. As if life isnt stressful enough !

 

I can see no harm in trying to get the order removed, perhaps approach the bank and see what they have to say.

[Ell-enn]

Hi Taz, you have a better chance of getting the suspension lifted if you wait until you have made around 6 months payments without arrears (after capitalisation). The court will contact Kensington for their approval to lift the suspension and if they see a good payment history they should agree.

[Taz11]

Its been a while since I've been on here, and originally requested help to keep DCA's at bay because of credit card debts. They, I'm happy to say have faded into the distance, and any red, pink, bright yellow cards or doorstep representatives are a thing of the past. BIG THANK YOU.!!

 

A BIT OF BACKGROUND INFO,

 

I requested help in 2009 for a repo order placed by Kensington for a £21,000 arrears. I was unemployed and on benefits and although given loads of advice from Ell-enn, (THANK YOU Ell-enn) the judge awarded a 28 day repo order even though we were waiting confirmation of a lump payment from DWP as Mortgage help. Luckily enough the payment came through, we sorted and arrangement with Kensington, and although I was still on JSA we managed payments and Kensington capitalized the arrears, so they were zeroed. Due to government legislation the payments were only available for 2 years and I still failed to find work in the print Industry. In February 2011 I grabbed the bull by the horns, detached myself from benefits and started a small business working for myself. The salary was not good to start and I again fell behind with payments and to top it all I smashed my elbow joint and went under a 2 hour op to re-build it. I was unable to work for 4 months (unpaid), and the arrears grew ever deeper. I asked Kensington to offer payment holidays (its not our policy) I requested a longer term on the mortgage (its not our policy)

 

Kensingon then inform me they are going for the original repo as my arrears have amassed again............unless I can come to a further agreement. They said they would send a B&E form and I would have 14 days to return it and they would not progress with the warrant application. I waited 9 days, no form arrived, I rang them again, they would send another and I would have another 14 days to reply. 4 DAYS AFTER THIS PHONE CALL THEY APPLY FOR THE WARRANT!!!. I recieve a notice of eviction for 17th May, I was shocked to my bones. I again contacted Kensington and was asked for my B&E over the phone. I was so desparate to get this sorted I agreed. I was told as long as I had an affordability of £50 everything would be fine, and they were able to stop the eviction on the day if necessary (oh yh, great help). Over a time of nearly two weeks (only a week and a half to eviction date) I had regular phone calls requesting information (which they already had) to be told they would get back to me. Well, up until this date, they STILL haven't. I told their rep, I was going back to court, and I'm sure I heard a sharp intake of breath and surprise!!.

 

I did a search on google for suspended eviction notices, and a post came up of Ell-enns advising a member to complete a N244 form and a statement. I downloaded the form, filled it out, altered the statement to my requirements and rang the court requesting who I addressed it to. My wife took it to the court next day, and we got our hearing the very next day at 10.30am.

 

We met the claimants representative, who was very helpful and advised us to pay slighly more if poss, as my offer would not cover the arrears over the term of the mortgage,and he actually worked out a minimum payment for us to cover the remaining 16 yrs of the mortgage.

 

We entered the hearing and the DJ was excellent. She explained why we would need to make a slightly higher offer and I agreed, and everytime I mentioned Kensingtons antics, she just rolled her eyes. She looked at their rep, and sarcastically said " and I suppose you're going to oppose it", to which he replied "Yes" (although he was sympathetic to our cause), my heart sank for those few seconds, and she replied " well I'm going to suspend it". I can't tell you how great that felt, and anyone who has been in that situation will understand why. My wife said " no-one will turn up Thursday will they" obviously still worried, to which the DJ replied " the warrant is in my hand here dear (held it up) and the bailiffs aren't getting it !!!"

 

We were asked to make full CMI plus £100. I shook her hand, said thank you, and we left the room. Kensingtons rep stayed behind for a while and followed us out about 5 mins later and gave a crafty wink to us, as if to say, its all ok . We further discussed the payments with him and to keep them up and left the court a happy couple.

 

All I was trying to do was prove to Kensington that we could make payments and were committed to getting back on track, but because of their attitude and time wasting it resorted to me getting a decision in court. It was the best thing I could of done.

 

So sorry for such a long thread, but in a roundabout way I'm again thanking CAG for offering the advice they give, and without that search and Ell-enns reply to it I would never of known about it or the confidence to go ahead with it.

 

We're staying in our home, I'm back working and the business is building

 

Good Luck to everyone else who is going through this traumatic experience, I really do feel for you and wish you well in keeping your home.

 

Thanks Taz11

Edited May 11, 2012 by Taz11