Kensington Eviction- Abuse of Process/Oppression?

[mistyaj]

Hi,

 

I hope this is coherent and someone will be able to help with some advice that I can pass on. Sorry if it gets complicated!

 

my aunt has a mortgage with the infamous Kensington mortgage company,

but fell into arrears whilst seriously ill abroad with Breast Cancer

and then secondary complication of Tuberculosis,

Kensington were aware of her illness.

 

Long story short

an Eviction was scheduled.

A month before the pending eviction when aunt was informed,

she made contact with kensington and sent Income and expenditure form,

a proposed repayment plan,

and proof that she was indeed ill abroad in hospital (2 medical certificates).

This group of documentation was sent on 3 separate occasions,

 

 

when she called Kensington from her hospital to confirm their receivership,

they would ask her to send it again, claiming they didn't receive one of the documents.

During this time she made 3 separate payments to pay the arrears of about £3000, clearing half of the arrears.

 

After continuous phone conversations with Kensington,

they had finally confirmed that they had received the documents after she complained that she had sent them multiple times

and had proof of this,

 

 

they informed her that they were satisfied with the documents, and proposed repayment plan

and would meet with the management team to discuss and come to a decision and inform her of this.

 

Aunt phoned Kensington the day before the eviction and they still hadn't come to a decision,

so asked her to call the next day. (Eviction scheduled for 11am)

 

Now on the next day,

she called as soon as the call centre opened and finally got through to an adviser around 10am

who informed her that they had decided the only way to cancel the scheduled eviction

was for her to pay one monthly instalment + the proposed monthly £100 to clear the arrears before 11 from her own UK bank account.

(Previous payments whilst she was ill were either from her daughters account,

which she informed Kensington of, or paid into Kensington's account through the bank counter).

 

So aunt's bank account has to reactivate her bank account which was dormant due to her being ill out of the country for so long,

transfer her funds into that account, and money was paid into Kensington's account at 10:40am.

They claim that it reached their account at 20 past 11.

 

Now her son drove to the property around 10:55 and saw that the bailiffs were already there before 11am and front door was open.

 

Kensington released the telephone attendance note from their solicitor to the bailiff, which is timed at 10:45 AM, and says-

 

"He said they are already there and they have looked at the property and there doesn't seem to be any response from anyone inside.

He said they have looked inside and borrower may be a hoarder.

He said they went to the back of the property and it is filled with rubbish from top to bottom.

He said they will go inside and see what happens but said it might be difficult to get inside

as he suspects the door may be blocked (due to hoarding) but will let us know what happens"

 

A few notes about the house,

it's fitted with curtains curtains at every window, so anything on the inside is not visible from the outside.

Property has a garden gate, with back entrance to house (conservatory),

Conservatory is used as a storage room so contains multiple boxes and bags,

however has floor to ceiling windows so anything inside couldn't be seen from outside.

you'd have to be inside the house to see what was inside.

 

Is there anything that can be done with regard to the bailiffs entering the property earlier than 11am,

or even breaking open the gate and entering the garden before 11am (i.e. trespassing?)

 

Also in regard to Kensington only deciding to inform my aunt of the payment to cancel the eviction 1 hour before the scheduled eviction,

can anything be done about that?

Is that an oppressive act?

 

She is planning to apply to the court for a re-entry

 

Sorry if this is in the wrong forum.

If anyone has any advice please help,

I feel terrible for her as she has been so severely sick

and we're trying to assist her as best we can,

so would be very grateful for any advice anyone can give.

[dx100uk]

Kenny's don't give a monkeys.

 

 

as for the HCEO, they are not allowed to force entry into a locked private premises.

hope he didn't???

 

 

fight it all the way

 

 

Hi

.

Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator

for treating borrowers who were in arrears unfairly.

.

Claim those charges back plus the interest and tell them not to add any more to the account.

.

There are a few news stories here you can get the info for a letter to send to them.

.

http://news.bbc.co.uk/1/hi/business/8615870.stm

.

http://www.fsa.gov.uk/pubs/final/kensington.pdf

.

http://www.theguardian.com/money/2010/apr/12/fsa-kensington-mortgages-fine

.

http://www.moneymarketing.co.uk/news-and-analysis/mortgages/fca-orders-kensington-to-change-unfair-mortgage-terms/2005762.article

http://www.mortgageintroducer.com/mortgages/236498/5/Industry_in_depth/Thousands_of_homeowners_set_for_big_mortgage_refunds.htm

[mistyaj]

Yep he did!!!! Not only were they there earlier than the time they should have been, but the bottom hinges on the garden gate are completely broken, presumably through being forced open!!!

 

Wow, thank you for these, will start reading now and making notes ! Completely shocked by how Kensington have acted, especially in only deciding to inform a sick woman ONE HOUR BEFORE AN EVICTION that the only way to cancel the eviction would be to pay almost £1000 into their account within the hour, without even giving her the courtesy of extra time or at least some notice, seems pretty unfair to us especially as she did manage to pay it

 

Thank you again for these articles+links, will start reading now, much appreciated.