kensington being very unfair....

[Polly32]

i have a mortgage with kensignton .

 

i was taken to court in February and got a possession order placed.

 

i received a letter yesterday from the solicitors sayin if i didn't pay the 9k i owed they would seek repossesuon.

 

i rang them up and they said i defaulted in the Apr by £20

i missed a payment in September but in the next breath she said i paid 200 at the beginning and a further 230 at the end .

 

i remember the phone call i made as it was my daughters birthday and i know i had to make the payment.

 

the girl on the phone took payment and said they you up to date now .

 

then last month my partner left so i made a payment of 250. my monthly.plus arrears is 420 so 170 short fall

and i told then i would try and lend it or possibly pay back as much as i can. then i get this letter.

 

i did everything they asked last court hearing i don't get bank statements and the bank where goin to charge me £30 for the statements

so i spent £25 on printing loads off at a library faxed then off an his was he day before the court hearing.

 

i also took all my income etc to court

 

the judge didn't look at anything and listened to what i had to say. and grants me for £40 on top off my mortgage pay.ent .

 

i walked away relieved but now don't know what to do as i did an income expenditure over the phone

and again they want the bank statements

so another cost there for me.

 

and she said you have 234 left a month

 

hatcan you afford to pay so i said 100 to be told they won't accept that .

 

you try your hardest and offer and they say these this letter.

 

i don't want to have arrears just a few unfortunate things happen.

 

i wish i never bought my house now .

 

any advice would be great i don't even know if its a straight repossesionn or if i have to attend court.

[dallingtribe]

hi.. sorry 2 hear about you having trouble aslo with kensington,

you need to ring them back up an ask if they are going for an eviction,

if so you need to see if they will accept any offers you can make always special delivery the letters,

if they wont accept any off your payment offers, you must fill in a n244 form an a brief statement on how you can afford to pay arrears plus monthly mortgage,

plus up to date expenditure form,

 

you then when you have recieved the eviction date you go to the court

 

where the hearing is with all your paper work plus a fee of £40 to get an emergency hearing with the judge,

 

put your side over the judge then will decide if you must leave your home not kensington, hope that helps.

[dallingtribe]

also keep copies off all the letters you send them to prove to the judge you are willing to clear the arrears,

 

also when you ring write down the date an who you speak to each and every time..

 

its so frustrating when they will not let you speak to the referal team.

 

. i wish you luck, if you keep on an on like i did proposing the same offer in writng also verbaly they did then accept the offer.,

 

in the new year i will be tryin to find another mortgage company, cant be dealing with kensington any longer.

[caro]

Hi Polly. I'm not clear from your post but are you saying that you've been back to court and a lower rate has been agreed by the judge and now Kensington are asking for more than the court have agreed?

[Polly32]

thanks

 

i put myself on interest only so when i got all my other debts put the way i could pay more than the judge said to clear them.

 

is just so frustrating you Try an do your best clear them and i thought these people.did everything to prevent you from.losing the house. ##

 

i was even prepared to lengthen my mortgage if need be.

 

i told them that if i had to pay for the statements i would.be short so i suggested giving a copy of my direct debts and a mo they summary of in about payments.

 

she said do what you can do??

 

it wouldn't cost me a lot to do so.

 

i have two children 18+16 who are both at college and she even asked if they contributed

as if the did i would.need them to write letter saying they have no financial.interest in my property.

 

i will do what you have suggested as i did offer the 100 extra so will.continue to do so as its a lot.

 

more than what the judge said u would think theye would.snap my hand off.

 

the judge also told.me to keep.in tpuh if i couldn't me the payments so I've done everything right.

 

my friend told.me.to let it go to court as the last thigh a judge wants is gore someone to lose their house if he can c effort is bein made.

 

so for the sake of around 250 missing payments his happens .

 

 

why can't they give people.the option to pay the missing.payments first.

 

sorry for rabbertin on just don't know what else i can do. what u have said is what i will do first thing Monday hank u have

[Polly32]

also i ddint think u could.get a new.mortgage with this happening.but now u have said that i can't wait to get out myself.x

[Polly32]

Hi Polly. I'm not clear from your post but are you saying that you've been back to court and a lower rate has been agreed by the judge and now Kensington are asking for more than the court have agreed?

hi i went to court for the first time in Feb and the judge told me that had to make my norma payment plus 40 pound so walked away happy with that. as i didn't pay the full amount in Apr £20 less and somehow missed in Sept but i don't think i did and somehow£160 less.last month they are sayin i have to.make another offer and as i apparently ha e 234 dare a month i offered them 100 and she said i can't see them accepting this which baffled.me as its more than the judge said

[Polly32]

because of the missed payments or part payments they are takin me back for a repossesion date id even offered to find the money to pay what was missed

[Polly32]

thank u also do i have to give them.my bank statements

[caro]

2 questions.

 

1. Can you afford to make up the amount missed?

 

2. Can you afford to keep paying £40 a month off the arrears WITHOUT FAIL?

 

They cannot make you pay more than the amount agreed at court without applying to the court for an increase, but it's vital that you don't miss more payments.

 

You don't have to give them your bank statements.

[Polly32]

hi yes i can afford the 400 no problem

 

i actually just forgot in Apr to ring and pay the extra 20 and i remember ring in in Sept and paying 230 and i asked if i was up to date

an she said yes and

 

last month i just could get the whole 420 so paid 250 . if i had to i would.find the money i hadn't paid .

 

this company is awful every mo th my paymenets change and thinking about it I've been paying 420 every month and the payment should only be 405 so I've been paying more.

 

i just hope i can stop this.

 

the last time it went to court id printed bank statement which cost 25 pound and i had to fax them off so that was more i took everything to court and the weren't looked at.

 

do you know what i should say to them when i ring them to say i won't be sending them as she told me if i didn't that it would.mean im not playing ball

if u will and it will look like im not willingand that the referral team won't look at my recent offer.

 

i don't want them to see what i have going in and out of it something on their are personal .

 

i don't mind sending my direct debts and my wage slip but not that..

. they are getting me down the judge told me if i could make a payment or full to always let them know an that's what I've done when the 400 was agreed i was over the moon.

 

now I've jade to make an off of 150 for her to say they probably won't accept it. why they accepted 40 off a judge .

 

im glad u have replied Nd told.me they can't make.me pay more than the judge as this mo th i won't be makin the 150 . i wish all in all i never bought my house

[caro]

hi yes i can afford the 400 no problem

 

i actually just forgot in Apr to ring and pay the extra 20 and i remember ring in in Sept and paying 230 and i asked if i was up to date

an she said yes and

 

last month i just could get the whole 420 so paid 250 . if i had to i would.find the money i hadn't paid .

 

this company is awful every mo th my paymenets change and thinking about it I've been paying 420 every month and the payment should only be 405 so I've been paying more.

 

i just hope i can stop this.

 

the last time it went to court id printed bank statement which cost 25 pound and i had to fax them off so that was more i took everything to court and the weren't looked at.

 

do you know what i should say to them when i ring them to say i won't be sending them as she told me if i didn't that it would.mean im not playing ball

if u will and it will look like im not willingand that the referral team won't look at my recent offer.

 

i don't want them to see what i have going in and out of it something on their are personal .

 

i don't mind sending my direct debts and my wage slip but not that..

. they are getting me down the judge told me if i could make a payment or full to always let them know an that's what I've done when the 400 was agreed i was over the moon.

 

now I've jade to make an off of 150 for her to say they probably won't accept it. why they accepted 40 off a judge .

 

im glad u have replied Nd told.me they can't make.me pay more than the judge as this mo th i won't be makin the 150 . i wish all in all i never bought my house

Just make sure the payments are in line with what the court ordered and stop talking to them on the phone. If they phone you just tell them you will only deal with them in writing and put the phone down.

 

This means you aren't pressured into agreeing something you don't have to, and you also have a paper trail when/if you need to go to court.

 

Remember they cannot make you pay more than the court agreed without applying to the court for an increase so remind them of this. Get yourself a cheap folder to keep all correspondence in in date order. Jot down any times they try and phone too but don't get into any conversations.

 

If you want you bank statements send your bank a SAR and a fee of £10 and they should send them all within 40 days but Kensington can't demand them.

[Polly32]

Just make sure the payments are in line with what the court ordered and stop talking to them on the phone. If they phone you just tell them you will only deal with them in writing and put the phone

 

This means you aren't pressured into agreeing something you don't have to, and you also have a paper trail when/if you need to go to court.

 

Remember they cannot make you pay more than the court agreed without applying to the court for an increase so remind them of this. Get yourself a cheap folder to keep all correspondence in in date order. Jot down any times they try and phone too but don't get into any conversations.

 

If you want you bank statements send your bank a SAR and a fee of £10 and they should send them all within 40 days but Kensington can't demand them.

thank you i will follow these steps. i will only produce bank statements to the judge if he asks .

 

the whole.process is awful and i really didn't want to be in this week situation again. thank you for all your help

[Polly32]

hi sorry to be a pain but how soon should i apply.for an emergency court hearing should i wait for the court date ? im not very good at letter writing and im not to sure how to tell them they cant have what they want etc. any help would be grateful

[Polly32]

hi

. i received two letters today sayin a court date will be sent.

 

when should i apply.

for an emergency court hearing.

 

i made part payment in Nov and thats the only payment im aware i havent made.

 

i would.like to put my point across i obv dont want to lose my house but dont know what else to do any help could be appreciated x

Edited January 4, 2013 by Polly32

[antone]

i'll merge and move

 

dx

 

Heh, I think you beat me to it by about 30 seconds

[dx100uk]

na someone else di it

 

anyhow

 

have you got ALL the mortgage statement from day one?

 

kennys have been fined atleast once for unfair PENALTY charges/practicies

 

dx

[Polly32]

i did have but my idiot partner threw the box away thinkin it was junk do i need them.

 

they told me i didnt pay in march but pretty sure i did then she said in Sept i paid at the end and made a pay.ent in Oct. i remember the call i made to make sure i was up to date and she said yes.

then Nov made a pay£250 payment with hope of makin it up asap.

[Polly32]

i need to make December whoch is in the bank jist as i care for my grandad i dont always get home before they close i have a day off Monday so thE will be paid then followed by Jane on the 15th

[dx100uk]

get an SAR of to kenny's asap

 

dx

[Polly32]

what's one of them

[Polly32]

also what should i do about a court hearing

[BRIGADIER2JCS]

Subject Access Request made under the Data Protection Account 1998 requires the creditor produce all the data held on an individual and their account.

There is a £10 statutory fee, the creditor has 40 days to comply.

 

There is a template letter in CAG library for this.

[Polly32]

ok thank u will do it first thing also what do i do if the court date is before these arrive

[Polly32]

template printed all ready to send off. wharf will my next step be