back again...4th eviction..kensington

[janif]

embarrassing to be back but hoping ellen or some one can help...not sure how to upload my previous thread..mods if you can assist please or i can continue as per below

 

i posted about 10 months ago...

 

in a surprise move, after the judge ruled against me (4 previous evictions suspended) Kensington dropped demands for a lump sum (46k arrears now) and cancelled eviction - as ellen advised me at the time, '' Kensington have an outright possession order, which means they can apply for a further warrant of execution ''. This is what they are doing now. i kept to payments from the date of the last arrangement (january 2012 for 6 months, then missed 3 payments and then made the monthly payment in oct - action to apply for the warrant of execution has now been started by kensington - i am just waiting for an eviction date. they have applied to the local; court as of 16.11.12 (romford)

 

just as a reminder, we have had a family breakdown due to the stress and care for my disabled son. this is the first year that we have had some level of stability - it has taken us years to get the care package we need to enable me and my wife to work full time. the latest default was due to extra cash payments that we made to carers - this has now ceased due to the extensive care package. i have only disclosed this to kensington in the last few weeks.

 

 

 

if i lose the house, my son goes into full time care. no chance of getting the same package transferred - it has taken 6 years to get to this point. my mortgage record is appalling but the last 10 months has seen 7 payments. not good i know but some evidence at least.

 

the bottom line is that they rightly view me as an horrendos account, arrears, not maintaining arrangements.

 

i have managed to get some dialouge going with a member in their referral team. he has all our income/exp details - details of affordability have been noted but they point to my record. however, it appears ( i may be deluded) that they have left the door open for some lump sum offer. i can make payments due to commission which clients are releasing early (6k). i am not sure if this is enough and i am unsure how to now make a last bid to save our property. do i offer as a lump sum or say 2k per month on top of monthly payment for a 3 month period(the last arrangement was monthly payment 1536 plus 250 towards arrears) ?

 

as stated, ellen assisted me greatly at the start of the year - hope there is still a chance.

[janif]

Hi Jamiethanks for your post - any feedback is appreciated. You are 100% correct, I am very fortunate due to the level of arrears. i can only assume that they have not pressed the button due to my sons disability. its taken us nearly 6 years to get the care package together and we are now facing eviction just as we stabilised our situation.today, i will be offering to bring the last arrangement up to date (3 payments) by the end of the november & then ask to continue as per the agreement (monthly payment plus 250) but as you say it sounds highly unlikely that they will consider it due to my record. would they consider another 3/6 month suspension ? due to the care package we have in place, a repossesion would mean my son being transferred into full time care. do you know if kensington would consider a 3 month-6 month period to allow us time to either sell (about 40k quity left) or transfer the care services on the basis that the arrears are reduced/payments made ? this would allow us some time and also reduce arrers - again, track record is again the issue.not sure what to do, eviction date will be here soon - do i try with kensington now or can i apply to court to suspend again on the basis of bringing previous agreement up to date or at least allowing us time to sell/transfer care services (again with condition of bringing plan up to date) ?i am planning for the worst case but really unsure how i will keep my son with us.thanks

[janif]

received eviction notice today - eviction due for 7 dec 2012 - can any one assist me please ?

[Ell-enn]

You will need to enter an N244 at court again to get the eviction stopped. Can you gather together all documentation you have to support the case i.e. the care package for your son and also proof of the payments you have made since the order. Are you able to make a payment to the account soon ?

[janif]

thank you for replying so quickly. yes, i can get;

 

1. proof of payments

2. care package

 

since the last suspension, i made 6 payments & then missed consecutive 3 payments (july, august, sept) but made a payment on the due date in oct after they had commenced the latest action. i messed up badly by paying carers for additional care (no longer required due to care package).

 

i am about to also submit a proposal to kensington to make up these 3 payments on 30 nov in addition to my previously agreed monthly payment. i know i have messed up badly. do you think it is only all the arrears they want now or could they agree a lower amount ?

 

i had contact with a member of staff in the special services team - is it worth sending him the above proposal/s or trying to call him tomorrow ? i did try last month but he referred me to litigation (where you get some one different every time - they refer proposals to a senior team, as you probably already know)

 

 

shall i focus on the n244 and kensington tomorrow am ?

[Ell-enn]

It's always worth trying to come to an arrangement with them in the hope that they will stop the eviction. If you can get a proposal sent to them by special delivery asap (delivered to them monday) then it will give a few days for them to consider it before you have to submit an N244. Make sure you send photocopies of the proof regarding your son's care package and a budget sheet.

 

I have affixed the budget sheet we use in these cases (it calculates automatically) - if you need me to look it over before you send it let me know.

[janif]

thanks Ell.

 

i will fax & email the offer letter to kensington tomorrow and post it recorded delivery on saturday am.

 

do you have any tips re negotiating a lump sum/suspension with kensington ? the special servicing stepped in last time to assist me greatly last time around but at the moment i am dealing with the litigation dept who simply take your call and then liaise with the senior team. i don't have time on my time.

 

shall i also apply to the court for a hearing N244 tomorrow friday am ? only 9 working days until eviction.

[janif]

sorry Ell, just seen above post too.

 

i'll follow your advice to the letter. thanks so much.

 

you're right re trying to deal with kensington in the first instance- they ultimately saved me last time.

[Ell-enn]

You would be ok to wait till the middle of next week before submitting the N244 to see if they will accept your proposal.

[nomorecrooks]

You would be ok to wait till the middle of next week before submitting the N244 to see if they will accept your proposal.

 

Ell-enn clearly knows his / her stuff!

 

I think you should seriously consider asking the Court to stay the possession order on the grounds that the arrears claimed by Kensington cannot be substantiated. There are numerous posts on this point on the site; please review my previous posts and those of KGF. I can assure you that both KGF and I are very familiar with Kensington.

[Lea_HTH]

Let's not forget that previously this was not a warrant that was suspended. There was a failed appeal against the dismissal of an application to stay eviction, and the mortgagee decided to make an offer to the mortgagor outside of the court arena.

 

Whether a stay application can actually be made is debatable since the court's involvement ended with the appeal.

 

(I won't be offering anything further on this matter, so don't ask; I can't abide ingrates.)

[nomorecrooks]

Let's not forget that previously this was not a warrant that was suspended. There was a failed appeal against the dismissal of an application to stay eviction, and the mortgagee decided to make an offer to the mortgagor outside of the court arena.

 

Whether a stay application can actually be made is debatable since the court's involvement ended with the appeal.

 

(I won't be offering anything further on this matter, so don't ask; I can't abide ingrates.)

 

Proof positive that you should not offer advice without a full understanding of the facts!

 

Janif please let us know how you progress this!

[janif]

sorry, i obvioously forgot to thank Lea. in my haste, i thought ell assisted me earlier this year. apologies for any offence.No more crooks - i have now sent a proposal to kensington, a lump sum(3 months) to bring the arrangement up to date plus a explanaation re improved financial/care facility for my son.i am obviously relying on slim chances

[Ell-enn]

Have I missed something ?

[janif]

''Let's not forget that previously this was not a warrant that was suspended. There was a failed appeal against the dismissal of an application to stay eviction, and the mortgagee decided to make an offer to the mortgagor outside of the court arena. Whether a stay application can actually be made is debatable since the court's involvement ended with the appeal. ''does this mean i cannot apply to the court ?

[janif]

my stupidity led me to not acknowledge lea s' asistance earlier this year. i'm under pressure and not thinking straight. sorry.i have sent off a proposal to kensington and will call them on monday morning - i sent it to their special services team (who asisted me unexpectedly earlier this year after the judge ruled against me), litigation team and also their solicitor i will update after i speak to them on monday am - i am planning to go to the court monday pm too but am now unsure if i have any right to do so.

[nomorecrooks]

my stupidity led me to not acknowledge lea s' asistance earlier this year. i'm under pressure and not thinking straight. sorry.i have sent off a proposal to kensington and will call them on monday morning - i sent it to their special services team (who asisted me unexpectedly earlier this year after the judge ruled against me), litigation team and also their solicitor i will update after i speak to them on monday am - i am planning to go to the court monday pm too but am now unsure if i have any right to do so.

 

Please consider the following points if you do apply at the court:

 

1. arrears charges (@50 per month): the GMAC and DB Bank FSA cases both make the argument in plain language that Kensington should NOT be making charges unless they are proportionate to its costs. Kensington's argument is that you signed up to this condition so you need to suffer it, this the judge will not accept if he / she reads the FSA cases listed above. Your arrears will be, in part, due to interest charges on the arrears charges as the arrears charges have been put on the capital you owe. Therefore the arrears charges are incorrect.

2. interest rate; if your rate of interest on your mortgage is LIBOR based (usually LIBOR plus something plus a margin) then you have an additional argument as Kensington has repeatedly overcharged the LIBOR rate (yes really). You should, must, ask Kensington to show the exact LIBOR rate and dates when LIBOR was set for the purposes of claculating the interest due on your mortgage.

3. Terms, the standard Kensington mortgage terms and conditions include a clause which is entirely unfair if the FSA findings in the Cheshire Mortgage Company case are considered.

 

I would also urge you to provide a financial statement which proves your ability to repay the mortgage (and any arrears the Court finds you may owe) with the remaining term of the mortgage.

[Lea_HTH]

http://www.consumeractiongroup.co.uk/forum/showthread.php?334714-too-late-too-many-defaults-eviction-31-jan-kensington-mortgages

 

I suggest those offering advice should read the previous thread and take its outcome into consideration before offering advice, in particular post #78 and the conditions imposed by the mortgagee.

[janif]

thanks nomore -

 

I would be grateful If anyone is able to look at my previous thread which Lea has highlighted - i would have continued from that thread but was unsure if it would update.

 

i am speaking to kensington on monday, probably won't be until tuesday that they tell me their response - proposal sent friday, receipt acknowledged, copy also posted this morning recorded delivery. (in summary i have offered a lump sum to bring the arrangement up to date). i am trying to see what they want as realistically i don't have a chance with the court as outlined by above.

[nomorecrooks]

thanks nomore -

 

I would be grateful If anyone is able to look at my previous thread which Lea has highlighted - i would have continued from that thread but was unsure if it would update.

 

i am speaking to kensington on monday, probably won't be until tuesday that they tell me their response - proposal sent friday, receipt acknowledged, copy also posted this morning recorded delivery. (in summary i have offered a lump sum to bring the arrangement up to date). i am trying to see what they want as realistically i don't have a chance with the court as outlined by above.

 

Lea_HTH is clearly familiar with the circumstances of this case and with repossessions in general. I think it would be a potentially grave mistake to not seriously consider the advice you have been given previously.

 

My advice to you in #17 (above) is not particularly relevant unless you find yourself in court and wish to make the argument that the quantum of arrears claimed by Kensington are incorrect. I would add that if you do wish to make an argument along those lines you must be able to document your arguments in a compelling and verifiable manner if you wish the judge to consider your argument.