Kensington SPO ***Resolved***

[caro]

Jesus this company is ******** they just rung me ! I told them judge has agreed my monthly payment + 173 (which is 850) what was agreed today ! They said they want 860 ? And if I don't pay 860 end of June I'm breaking agreement WTF !!!!!!!!!!!!

 

Unbelievable!!

 

What time did they ring?

[Kenny 1]

Look,the eviction has been stayed on condition you pay 850 a month,

 

in a few days you will receive a copy of that judgement in the post,

 

that judgement is set in stone.

 

Of course you could pay more if you wanted but no less,

 

you cannot be forced to pay more than the judgement states its as simple as that

 

so just carry on as you are doing paying the 850

[markez78uk]

They called last night at 6.32 pm .

 

I have online account payment with them

 

when I log in and click make payment the min I can pay is 860.59 p

 

will wait for the judge letter to arrive .

 

Also there rep blurted out at court

my monthly contractual payment was 689 when its not its 677 confirmed that last night

 

also he told the judge my secured loan wasn't secured on the house they had checked that morning ..

 

.. And wanted the extra money that I pay my 2nd secured loan

 

again what a load of bull the loan with welcome has been secured on the house for years .....

[Ell-enn]

Do they have an automated telephone payment facility? if so, make payment that way.

 

 

Let us know when you receive the court order showing what you have to pay, - we can then draft a letter to them enclosing a photocopy of the order and telling that you will be complying with the order!

[dx100uk]

can you not pay by your interweb BACS banking portal ?

 

dx

[markez78uk]

I will message when court order arrives also I can pay by phone its not automated tho I have to speak to them ;(

[Ell-enn]

If the person you speak to refuses to take the payment ordered by the court, get their name and write it down together with the date and time of the phone call. Tell them you will now be writing to the judge to advise that they are attempting to over-rule his decision.

 

 

Do you have their bank details i.e. account number and sort code ? if so you could pay by internet banking using your mortgage account number as the reference.

[Lea_HTH]

For the record,

 

the court order won't say £850, it will say 'current monthly instalment plus X towards the arrears'

( x being the amount agreed towards the arrears).

 

Whilst I do not wish to alarm the OP,

the judge has almost certainly adjourned for two reasons,

 

1) to see if the agreed payments are met

(so they must be met in relation to what the CMI is PLUS the offer towards arrears)

and

 

2) to allow Kensington to prove that the property is in such negative equity

that they risk being prejudiced if repossession does not take place imminently.

 

With no.2 in mind,

the OP would be wise to get at least three estate agent valuations of his home

(or look in the newspaper and keep proof) of how much homes similar to his are being sold for,

so that he can show such evidence to the judge if Kensington do a 'drive by' valuation.

 

They can then dispute this by showing evidence of the prices of similar houses,

or in fact, an actual estate agent valuation of their own home.

[markez78uk]

The cmi is 677 and the offer was 173 extra - so 850 in total

however Kensington have changed cmi monthly in the past

and yesterday cmi was 677 and today its 682,??

 

 

Thanks for the extra worry lea ;

( but its prop the correct info and its better to know of all options

could still lose house in 3 months even tho I won't miss a payment !!

[Kenny 1]

Im no legal expert by any means and i can only really go by my own experience of dealing with an eviction order,

 

 

i would take the above advice in your shoes but i do think there,s a good chance you wont loose your home

if you keep up with said payments.

[Lea_HTH]

CMI fluctuates if you have a variable rate (you should know if this is the case

- and any changes should be notified to you in advance);

 

 

you are obliged to pay the CMI,

so whether it fluctuates monthly or not, that's what you'll have to do.

The £173 has to be paid on top of whatever the CMI is.

 

The information I gave was not to worry you,

merely to alert you to the fact that if Kensington push

and you're not aware of that by the time of the next hearing,

and therefore not prepared with counter-information,

that they may be able to persuade a judge that there is prejudice to them.

 

 

Your argument would be that you have maintained the agreed payments,

and it is in Kensington's interests to continue to collect such from you on a regular basis, reducing the arrears, rather than repossessing and ending up with a shortfall (judges' like logic).

 

Your situation is not the end of the world,

but you do have to ensure you meet the correct payments,

whatever the CMI is plus the £173.

[markez78uk]

I know thanks for all the good input and info your all stars and I will keep u informed in the upcoming months

[stegly66]

also he told the judge my secured loan wasn't secured on the house they had checked that morning .... And wanted the extra money that I pay my 2nd secured loan .again what a load of bull the loan with welcome has been secured on the house for years .....

 

I wouldn't be too sure about this.

 

Welcome had a habit of 'registering an interest' in the property rather than actually securing a loan on the property,

which I believe are two different things.

 

For years,

I thought my loan with Welcome was secured on the property (& that's what they led me to believe)

but it turned out that all they had done was register an interest with the land registry.

[markez78uk]

too true ive been lucky for 3 months and been invited to feature on a tv documentary about subprime lenders taking the pee ! lol not sure what to do yet but I would like to make aware to everyone off how much Kensington rob you turns out I have £14,308 in charges on my account - cab have been helping me along with ell-enn and team kensingon are a joke !

[Ell-enn]

Markez, I hope you have the courage to speak out against Kensington - if it wasn't for CAG there are a lot of people who would have given in to them.

 

Incidently how were you contacted re the tv documentary ?

[OLIVE.FAMILY]

Markez, I hope you have the courage to speak out against Kensington - if it wasn't for CAG there are a lot of people who would have given in to them.

 

 

Could not agree more

[markez78uk]

Ell-enn please can you email

kind regards mark

[markez78uk]

Please can some one flag this for ell-enn as I need asap help with n244

Kensington havegone for eviction on 8thbseptember I have a suspended posession order allreaady and they gone for no hearing just peviction 8th Sept 2015 thanks

Mark

[dx100uk]

was done on your earlier request

 

 

dx

[Ell-enn]

Hi there, do you still have a copy of the N244 application you made in 2014 ? this was the thread http://www.consumeractiongroup.co.uk/forum/showthread.php?400510-Kensington-help-suspended-posession-order

[markez78uk]

hi ell-enn thanks for getting back to me

yes I have

been trying to get a new arrangement in place since January

as I broke the suspended possession as the order was for contractual plus £163

 

however Kensington kept putting contractual up every couple of months

when I went to court it was £677

its now at £710

this is because I'm on a variable intrest rate

 

I was off ill in may,june,july and missed these 3 months

had to have to operations

kept them informed and explained I was getting ssp

sent all my bank statements and sicknotes in

 

I'm now on the mend and have two jobs and can easily afford my mortgage and a large chunk each month off the arrears

Kensington don't want to know !

they have applied to the cout for a no hearing eviction (as they have a suspended possession order from 2007

 

when I was off ill I asked if I could take payment holidays - apparently my account doesn't allow this

also asked if I could put the arrears to the back of the account - again apparently my account doesn't allow this

asked if I could extend the term from 21 years to 30 years - again my account doesn't allow this

 

currently have a big complaint in progress with the financial obundsman about the company

and they have asked Kensington to prospone the eviction until they deal with my complaints

- Kensington have declined

 

repossession is a last resort they have stated in the letter to local court

but no payment arrangement can be agreed with me.

 

I have sent varied proposals and even had a field agent out who went through my proposals in june 2015 3 days after I was released from hospital

he agreed I could afford my mortgage plus double off the arrears each month previous to what I had been paying

- 5 days later Kensington declined my offer

 

they blocked our card payments via online payment system

cancelled our direct debit as account was only in my wifes name

(have been taking payments from this account and card for past 7 years )

 

then when we finally got a new direct debit set up in the joint account - they will only take the contractual payment (had to open a new bank account in july )

nothing towards the arrears as no payment arrangement wil be accepted by them

 

been offered a refund of charges back in july 2013 of £1325 - still not been knocked of the arrears balance

the last eviction back in june 2014 Kensington phoned me 5 hours before the hearing and told me they had cancelled the hearing and I didn't need to go

- I still attended court and lucky that I did

as the hearing hadn't been cancelled !!!

I have been recording all phone calls and sent a copy to them and again to the ombudsman

 

Kensington have replied with a letter stating they where sorry and have told off the rep

have offered me a compensation of £50 paid directly ito the bank account they cant use for payments ??

 

they set a 12 month payment plan when I went to court

they changed the payments 2 months later and kept upping the contractual payment

 

I have been sent a letter stating they have my new home insurance schedule and will lower my payment from £711 to £682 of which they took this month (contractual payment )

however just got another letter today stating my new monthy payment will be £694 ?

all the above is with the financial ombudsman

 

my main concern is getting the eviction suspended

I have all the evidence I need

but as its not a hearing on the 8th I need to get a new n244 in before that date.

 

I missed 3 months payments may,june,july

I kept mortgage company informed

and have tried my best to get a proposal in place of which they are not intrested

 

please can you help me ?

so sorry for going on

[dx100uk]

And get those visit fees refunded too!!!

 

Dx

[markez78uk]

really struggling for time now

 

I am also awaiting on their head office reply to my proposals of which they will either decline or drag out

till after the court date I reckon as they have set the 8th for a date to go straight for eviction

 

please can some one help

 

I'm awaiting on the reply from obundsman regarding complaints but I still need to try and get the eviction process suspended

 

there is no eviction date yet as Kensington are going to court on the 8th sept ! but they have asked for a non hearing

 

I presume this is just for the judge to grant the eviction warrant

 

what shall I do

 

kind regards mark

[Ell-enn]

What exactly have you had from the court ? Ring the court and ask what is actually happening on the 8th - do it now so we know what we're dealing with

[markez78uk]

hi ell-een thanks for replying

 

 

the letter states

take notice that the hearing of the claimants application for enforcing the order of 23rd October 2007 will take place at 10.am Tuesday the 8th September at the county court

 

I could email you the letter if you like ?

 

I will call the court at 2pm ( my dinner time )

and let you know what they say

regards mark

 

spoke with the court

 

they have stated its a hearing so Kensington can extend the possession order that was granted in 2007

 

so they don't have to go through it all again >?

 

I now presume theses orders have a shelf life ?

 

and I presume they are asking for it so then they can go straight for an eviction warrant a few days later ?

 

I have also been advised there is a cab rep there on the day and I can attend the hearing ?

 

do I need to do anything else

 

thanks mark