Kensington SPO ***Resolved***

[Ell-enn]

If there is a CAB rep there, then certainly attend the hearing - take all relevant paperwork with you (also the history of the situation as in your post 28) and ask the CAB rep to come into the hearing with you.

 

Make sure you have proof of income.

 

Have the arrears reduced since the last hearing ?

[markez78uk]

thanks ell-een

 

no the arrears have gone up by nearly 4 grand as I only was able to pay £200 in December

 

 

missed feb

may,

june

,july due to illness

had an operation in may and signed off for 8 weeks on ssp

 

Kensington only would take contractual payment in april and would only take the contractual payment this month as they blocked my wifes card and cancelled the direct debits.

(wifes name on account was different to mortgage name as we got married in 2008 and kensigton have never applied the change even tho we sent in 4 marriage certificates

 

Kensington took my payments in January - charged £50 arrears fee

 

same in march and april and

 

 

in august as no arrangement could be agreed

- Kensington declining my proposals kept taking contractual payments

but still charging me arrears fees

 

also they added fees on for the field agent visit in june

 

added fees on for solicitors twice in june September 2014

 

and there is intrest ontop of thos fees

 

Kensington keep upping the contractual payments

 

they have just reduced the £710 to £682 as they have my insurance forms (buildings)

they where charging me for lenders insurance £28

I have got a letter stating new payments are £682 (excludes arrears offer)

 

had a call yesterday stating my new payment will be £694 ?

and this also states on the online payment system £694

 

ive called them today and they state no its £682 ???

 

the arrears where £23,183

now £27,500

=£ 4317 ???

 

ive missed December £482

febuary £682

may £697

june£710

july £711 = £3282

 

the above arrears figure includes Septembers ccp

of which I will be paying £682/£694 plus £280 extra

[markez78uk]

the hearing is for Kensington to extend the possession warrant which runs out on the 23rd sept

 

they have told me they are going for permission to enforce the order to then get an eviction date

 

all my proposals since june have been turned down

 

I have paid full contractual monthly amount last month and paying this months plus extra £280

 

can I do anything at the court tomorrow or just keep asking for a payment proposal to be accepted

and then awaiting for it to be turned down again >

 

kind regards mark

[dx100uk]

I doubt the court will turn you down if you can pay.

[caro]

Agree with dx. I would ask the judge if you can question how arrears have gone up by over £4317 in recent months when missed payments have been £3282. Arrears shouldn't include charges.

 

The main thing that you absolutely MUST do, is go to court.

 

Moved posts to own thread but not merged with your original thread here as it's a bit long!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?400510-Kensington-help-suspended-posession-order&highlight=markez

[markez78uk]

went to court didn't really get chance to speak

 

cab where there who spoke for me

 

not really sure what happened apart from judge agreed to extend the suspended warrant that was issued in 2007 and recorded my proposal of which I'm awaiting form Kensington to decline or accept !

 

cab said keep in touch with Kensington and also keep in contact with the financial ombudsman who is looking into all my complaints.

 

Kensington have promised the ombudsman they wont enforce the warrant for eviction until they have reviewed my proposals and 55 sheets I have scanned in and sent them (my whole life and finances on paper )

 

if they decline the offer I presume eviction will be issued

then I will have to fight again

 

if they agree my proposal I will be sorted as I have now 2 jobs and reduced all my outgoings

fingers crossed

[AndyOrch]

Im sure they will agree mark...many thanks for the update of today's events.

 

Regards

 

Andy

[markez78uk]

still wont agree payment proposals with me looks like eviction date will be enforced

 

 

 

I'm still awaiting ombudsman's response to my complaints due to pay sept 28th 682 + 300 towards the arrears

that's my offer

 

hate this company so much

[caro]

What did the court say about your proposed payments? You've only said the suspended order was extended. No mention of eviction so why do you think it will still happen?

 

Phone the court and ask for a written copy of what was ordered if you haven't had one yet.

[markez78uk]

the court recorded down my proposed payments

- they hearing was to allow Kensington to extended the warrant as due to expire on the 23rd sept

this was granted.

 

kensington have been reviewing my offer since 17th august and I have had to send in tons of paperwork

 

Kensington have advised if senior management don't accept my proposals they will go for an eviction date

 

so im having to call every other day to be told its being revied still so I don't know from one day till the next

 

my offer was full cmi end of august of which I paid

followed by £970 a month starting end of September

 

my cmi changes every month ! variable intrest mortgage

 

this month cmi is £682 so I will be paying £288 off the arrears

 

next month the cmi will be £694 so I will be paying £276 off the arrears

[caro]

Ah right. I got the impression they were going for eviction on 8th.

 

Frankly I can't see any judge letting them evict you while you're paying arrears so I wouldn't worry unduly as long as things stay on track.

 

As far as I can see from your posts they haven't got anything allowing them to evict you.

[markez78uk]

Can anyone help ?

 

Kensington keep putting the cmi up every 3 months

 

now I'm at the stage I can't pay the cmi + 300 that I agreed back in September

because the cmi is now 716 was 694 and I offered 994

 

Kensington have stated they will issue an eviction date if I don't pay the new cmi and 300

 

can I get the proposal changed in court to a fixed amount ???

 

Thanks

Can anyone help with a n244 form when the eviction date arrives ??

 

Is it posssible to ask the judge to fix the payment at a lower arangemenr

as my income has reduced since the last arrangement?

 

As Kensington keep putting it up even when arrears are coming down and libor hasn't changed .

 

Regards mark

[dx100uk]

I think ell-enn already took you through that before when it happen earlier?

 

 

go scan this threads.

[markez78uk]

Oooh ok I'm just panic mode as I don't want to lose the house again after the fight I've had . Just seeking some help and support.

Thanks

 

I'm at an all time low and just asking for guidance to try and save my home

[dx100uk]

how the arrears/letters/phone calls/debt management reclaiming going?

[markez78uk]

They reduced the balance of the mortgage by 1325

and had to pay 500 compensation for telling me court date was cancelled when it wasent

the 40 a month arrears fee has been wavierd .

 

It's just the cmi and extra 300 is unaffordable

 

I have asked if I can pay cmi and 150 extra

they declined

 

I upped my offer to cmi plus 200

they declined

 

then they sent me a letter stating cmi + 400 had been accepted !

In January of which I can't afford and no expenditure was done for that offer

 

now I face Kensington deciding on my cmi plus 220

I should get an answer by Friday

 

if head office declines they will be going straight for eviction date

I've been unable to pay Jan and febuary due to no work due to flooding damage in our area

I'm now back working so moving forward I can pay the cmi plus 220 ..

 

I've pmd ellenn I don't know what to do

She was great last time and saved me from eviction

.

[dx100uk]

me thinks it just a threat to panic you.

I take it hey ofcourse have not set a court date yet

to actually do this?

 

so how long have they been willy waving they'd do this...

 

have you been getting these threats since the their last failed attempt in sept last year?

 

also you need to ask for a breakdown of what that £1325 was

 

dx

[markez78uk]

Not yet

 

they are awaiting to see if senior management accepted my latest proposal

.even tho they have turned down the last three

 

the company seem to keep turning them down untill u make a higher offer one you can't afford .

 

They didn't make any contact over Sept Oct November because I was paying cmi + 300

t hen I got a letter stating cmi was going up end of January

but they put it up in decmember and we couldn't afford the payment

 

my wife salon was flooded so we lost a lot of income and couldn't afford January and febuary either

 

they stated they wouldn't accept any more proposals due to breaking them in the past

- so I presume the last one I've just done won't be accepted either

then they will go straight for eviction date as they already have suspended posession order .

 

Embarrassed to state this

but I turned to online gambling to try and get some extra cash to aid the lack of finances ..off which I lost !!!

 

Please don't judge it takes a lot of ..

. To admit my addiction and climb up from the rock bottom

 

I have advised Kensington of this as I needed to come clean and try and move forward

in offering an affordable repayment and get back on track .

 

Haven't slept for 2 days awaiting Friday's decision .

 

I just have a feeling eviction date will be issued and I don't know what to do after that

I feel so alone ....

[dx100uk]

we're not here to judge

but that was sort of really stupid..

pay them the money you fed the gambling rather than hoping you'ed get more by doing it.

doesn't solve anything bar that months issue.

.then the cycle starts again.

 

best idea is to list al the other things you pay

and if its nowt to do with keeping you in the house

like ctax/elec/gas etc

you drop them to £1PCM.

 

list your other debts please

 

take control

not let them control you.

 

dx

[markez78uk]

Other debts .

 

Attachment of earnings - Ctax arrears 139 a month (1826 left to pay )

 

Provident - 20 a month (623 left to pay)

 

Sky - 0 a month - (126 left to pay )

 

Amigo guarantor loan £197 a month (3679 left to pay)

 

Water arrears scheme 20 a week ( 1768 left to pay )

 

Electric - pre payment meter costs about 10.00 every 2 days

 

No gas to house so everything is electric:(

 

This year's council tax 139 a month

 

Tv licence 10 a week

 

3 mobile arrears 536 - £1 a week

 

Lowell - vanquis credit card £ 5 a month ( 733 left to pay)

 

3 mobile 36 left to pay - £1 a week

 

Car tax £ 15.75 a month

 

Old bt Bill arrears 202.00 - no arrangement set up yet

 

Wife's c card vanquis balance 565 - no arrangement set up yet

 

Morses catalogues - balance 300 - no arrangement Set up yet

 

I will need to check my credit report for any more .

 

I'm in a position to pay my proposal now and know I've been an idiot .

 

 

Just if Kensington don't accept my proposal they will go for . 4th eviction I was lucky the last Times

 

 

I'm scared

[dx100uk]

Other debts .

 

Attachment of earnings -

 

 

Ctax arrears 139 a month (1826 left to pay )

 

Provident - 20 a month (623 left to pay) - drop to £1PCM

Sky - 0 a month - (126 left to pay )

 

Amigo guarantor loan £197 a month (3679 left to pay) - your loan or you are paying as the guarantor?

Water arrears scheme 20 a week ( 1768 left to pay ) -

 

Electric - pre payment meter costs about 10.00 every 2 days

 

No gas to house so everything is electric:(

 

This year's council tax 139 a month

 

Tv licence 10 a week

 

3 mobile arrears 536 - £1 a week

 

Lowell - vanquis credit card £ 5 a month ( 733 left to pay) - drop to £1PCM CCA request them

3 mobile 36 left to pay - £1 a week

 

Car tax £ 15.75 a month

 

Old bt Bill arrears 202.00 - no arrangement set up yet

 

Wife's c card vanquis balance 565 - no arrangement set up yet

 

Morses catalogues - balance 300 - no arrangement Set up yet

 

I will need to check my credit report for any more .

 

I'm in a position to pay my proposal now and know I've been an idiot .

 

Just if Kensington don't accept my proposal they will go for . 4th eviction I was lucky the last Times

 

I'm scared

 

 

ideas above

[citizenB]

You shouldn't increase any offer if you are not going to be able to afford the extra - as you will be facing the same problem down the line.

[Ell-enn]

Hi Markez, I remember your case from the last time - did you put an offer in writing to them ?

[markez78uk]

Hi all its my loan the guarantor one .

Yes I've put 2 offes in writing one they declined and I'm awaiting the answer for the other one . I can afford cmi plus 150 at the moment but get a 2000 a year pay rise in July so will be offering more in July .

[citizenB]

Hi all its my loan the guarantor one .

 

So you are making the contractual payment to this account ?