Any advice needed please!

[Ell-enn]

I think another letter would be a waste of time - you have already written to them asking for information but they have not responded - a copy of your letter will be affixed to the N244 so the judge can see you have tried to come to an arrangement.We need to get the N244 ready - so I need you to answer the following questions so I can make a start on the defence statement

1. Is the mortgage in joint names?

2. Are there any children living in the property?

3. How much is the normal monthly payment?

 

In the meantime can you fill in the affixed budget sheet as it will have to go with the N244 so the judge can see how you will afford the payments. The sheet calculates automatically as you fill it in.

Budget Sheet.xls

[Rocco17]

Okay, was just a thought as this proposal won't have gone to them yet and I wanted to get all the events down on paper.

 

In terms of the questions:

 

1. No, just me

2. No children

3. Normal monthly payment is £119 (paid by direct debit over the last 18 months)

[Rocco17]

Sorry, couple of questions about the budget sheet if that is alright?

 

1. I have 2 jobs. Should I accumulate both salaries into one?

2. There are lots of sections where its not really a monthly payment (such as presents, repair costs, car MOT, clothes/shoes). Should I just put down an estimate? What is considered reasonable here? They didn't ask me half of those things. No wonder what they told me I could afford is so high!

3. Should I put their £119 down as a loan repayment or accumulate it with the mortgage payment?

4. What should I put down as the arrears figure? The one they are claiming or the one without the charges (which they refuse to be exact about!)?

[Ell-enn]

I'll have to be quick here - I've got meetings all afternoon starting at 12.30.Combine your income into one total. Work out how much you pay per year for the other things like car servicing/MOT, presents clothes & shoes and divide the totals by 12.

 

Is the £119 your mortgage payment? or is this a separate loan to the mortgage ?

 

The arrears figure is the total missed payments (NOT including the charges).

 

If you want me to look over the budget sheet you can send it to me at ell-enn@consumeractiongroup.co.uk I will try and look in on the thread between meetings.

[Rocco17]

I'll have to be quick here - I've got meetings all afternoon starting at 12.30.Combine your income into one total. Work out how much you pay per year for the other things like car servicing/MOT, presents clothes & shoes and divide the totals by 12.

 

Is the £119 your mortgage payment? or is this a separate loan to the mortgage ?

 

The arrears figure is the total missed payments (NOT including the charges).

 

If you want me to look over the budget sheet you can send it to me at ell-enn@consumeractiongroup.co.uk I will try and look in on the thread between meetings.

 

Okay, will do that.

 

The 119 figure is my monthly payment on this secured loan rather than the mortgage (much larger figure)

 

That is what I thought regarding the arrears balance but the arrears balance minus the charges/fees is the figure they won't share with me. They just say the 6k+ figure every time.

 

I could go with the figure of of them gave last week of £2760 I guess, though I am personally not too sure even about that. Though I am sick of the long and expensive phone calls I might call them again today just to clarify.

[Rocco17]

I called them again to find out the actual arrears figure. His first response was to tell me that it was ALL missed payments and that any fees and charges are added to the overall balance!!!

 

When I told him that this was not what I have been told a few times by others I had spoken to he put me on hold again, then came back and gave me an arrears balance (£2782 - gone up since last week)

 

Anyway, then I enquired again about the statement of payments and charges. I said I had requested this by phone last week and by letter. On hold again. When he came back he said that this had not been sent out because there was a £20 charge. I said I knew about this charge as someone had mentioned it last week. He then said it had to be requested in writing with a cheque for £20! A cheque for £20 just to get a list of what they say I owe them!!!

 

When I asked why this had never been mentioned to me at any time in the past he said it should have been and that it was new policy. how on Earth was I expected to know about this policy? No mention of it in the tariff of fees on the website! And in the space of one call we went from all charges being added to the overall balance, to all of them being added to the arrears balance, to the odd one having to be paid up in advance by cheque.

 

 

The whole call was rather confused all in all. Did I have a change in circumstances regarding the reason for the arrears since we last spoke? What, since yesterday? On arrears that are from 2009? What change of circumstances could there be!??

[Ell-enn]

OK, we will also use that in your defence the fact that they want to charge you for a statement showing how much is arrears is out of order!

[Ell-enn]

I'm afraid I can't get on line again till later this evening. Are you OK to work on the N244 tomorrow ? I note you said you wouldn't have access to a printer after today ? do you have one at home?

[Rocco17]

I could barely believe what he was saying to be honest! So much so that i got back to my desk and wrote down the details of all the calls I've had with them over the last week. The inconsistencies are staggering! Firstly there's him telling me I've got 6k of missed payments, then I've had all of them giving dates to call back that are never kept to and then I've had one person telling me I can have a statement but I'll be charged, another one saying it's being sent out and now a third saying I'll have to apply in writing and send a cheque!

 

i don't like the idea of paying for a statement anyway. Bit like being accused of a crime without being told what you're supposed to have done but I really object to having to send a letter and a cheque, which would take forever to cash IF they receive it at all.

 

Aren't these companies required to make it easier to discuss repayment arrangements?

[Rocco17]

No printer at home no but have printed out form already and can fill in by hand. Have also printed budget sheet, plus a blank one and can make statement by hand if it comes to it.

[newstarter]

Just some onfo you may find intresting here,Kensington were bought out by South African company Investec in 2006/2007,altogether Investec are a group of investment and asset management companies,it was soon after this aquisition that Kensington persued its aggressive policy towards customers arrears before being fined by the F.S.A. Now,Investec have just sold off 204 million of Kensington origianated loans.If i were a Kensington customer i would be watching these events closely.

[Rocco17]

Just some onfo you may find intresting here,Kensington were bought out by South African company Investec in 2006/2007,altogether Investec are a group of investment and asset management companies,it was soon after this aquisition that Kensington persued its aggressive policy towards customers arrears before being fined by the F.S.A. Now,Investec have just sold off 204 million of Kensington origianated loans.If i were a Kensington customer i would be watching these events closely.

 

Thanks for the info. So what does that mean for the loan then in practical terms?

 

They have been problematic beyond belief so far I have to say. I have actually been quite shocked. Am seeing my MP tomorrow (just generally as he is a friend of mine) and wasn't going to mention it but am now thinking I might fill him in on the situation. Can't do any harm surely?

[newstarter]

In practical terms as far as the loan goes,nothing at the moment,as far as telling your m.p well it wouldnt do any harm,the more people who are aware of these companies and their methods the better.

[Rocco17]

I might mention it to him then. As I said I can still barely believe how they have been over the last week. Its not so much that they have been aggressive or rude, they have just not really done anything to help at all. Even if I had a figure off them I could try to at least work towards that - but its been me giving them proposals and asking for information and just getting silence back. And strictly speaking I pay an extra £50 a month for this extra service!!!

 

The guy yesterday promised they would be in touch first thing in the morning. Can't see it somehow!

[Ell-enn]

Hi there, I'll try to get your statement to go with the N244 done later today. If you can get the form to the court tomorrow you should get a hearing early next week.

[Rocco17]

Thank you.

 

Another day of silence from them, despite their promises. I'm beginning to wonder how much more I can take.

 

If they could just tell me what they want from me then I could at least try to work with it.

 

Surely there is some requirement on them to respond to proposals and try to work out these kind of problems rather than just sit there?

[Ell-enn]

They work on the assumption that if they keep you hanging on long enough you will panic and raise the money from somewhere to pay them ! If you put an N244 into court they court will send a copy to them - when they read it they usually think it's not a good idea for a judge to be looking at they way they have kept you hanging on and even more scary for them - he will see the amount of charges !

[Rocco17]

They work on the assumption that if they keep you hanging on long enough you will panic and raise the money from somewhere to pay them ! If you put an N244 into court they court will send a copy to them - when they read it they usually think it's not a good idea for a judge to be looking at they way they have kept you hanging on and even more scary for them - he will see the amount of charges !

 

 

Yes, I can fully believe that but you'd think they would at least say what they are after, no matter how unreasonable.

 

Do these kind of people tend to be more willing to negotiate and deal when they know there is a hearing coming up?

[Ell-enn]

Yes, I can fully believe that but you'd think they would at least say what they are after, no matter how unreasonable.

 

Do these kind of people tend to be more willing to negotiate and deal when they know there is a hearing coming up?

 

Yep

[Rocco17]

Good. As you can probably tell I was really hoping to avoid having to go to court but it is looking like that is what they want me to have to do (which in itself worries me!)

 

I just called them again and he's now talking about 5 day turnaround times for referrals, and that the first proposal was actually rejected the day after I put it in. It seems that every time I speak to anyone at that place I get a different story, a different figure or a different policy.

[Ell-enn]

Hiya, I've finished your statement - is there no way you can get access to a printer? It will be a pain to write out by hand. I will give you instructions for completing the N244 later. You will need a copy of the budget sheet and a copy of the letter you sent to them.

Rocco N244 statement.doc

[Rocco17]

Thank you. That's great. I may be able to get access to a printer in the morning so could drop it in after that.

 

So just to clarify, I take the form, statement, copy of the letter I sent to them and the budget sheet to court tomorrow do I? Anything else?

[Ell-enn]

Hi, I have affixed an updated statement (I forgot to include the reference to the budget sheet). Below are the instructions for completing the N244 and also how to complete the pack to take to court.

 

Completing the N244:

1.Your name

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

On the statement for Q.10 – you need to fill in the information where there are XXX's (the information will be on the eviction warrant) read it through carefully to make sure all the info is correct When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page.

 

On the copy of the letter you sent to them– write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner – do the same on the budget sheet except it will be Appendix 2

 

Now assemble as follows:

N244 completed.

Statement – signed

Appendix 1 – copy letter

Appendix 2 - budget sheet

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourself to refer to in the hearing.

 

You will need to pay a fee of £40 when you hand it in to court and it will have to be in cash. They should be able to give you a date for the hearing while you are there.

Rocco N244 statement #2.doc

[Rocco17]

Thanks very much. That's brilliant. Hopefully the judge will agree with that, and specifically about the separating out the charges issue (not seen any law against this being done though, sadly).

 

I think I have found somewhere to print this out so I will do so tomorrow afternoon.

[Ell-enn]

Don't forget you will need a photocopy of it all for youself to refer to in the hearing. Let us know what dte the hearing is.