Kensington Mortgage

helenbody

Hello,

Not sure if this is the right forum but here goes. We have arrears with Kensington on our mortgage for £5200. My parents who have just realised a insurance policy for me and my siblings offered to pay off our arrears.

Great I thought, well no so apparently. Kensington firstly wanted to know where it come from so we explained, then had to send copies of statements that my parents had the money. That was all done. Rung back and they then wanted a letter saying my parents had no financial interest in the propety etc and a copy of a bank statement showing the money in there account, which we done. We then received another letter saying they dont accept 3rd party payment, they never mentioned this before and want the money transfered into our account and for us to send in bank statements etc. Hubby rung them today and they say they have all the info and will pass on to another department to get it agreed.

They have to agree to us paying off arrears!!!

What if they decline it, I am working nearly full time and we are in a lot better place financially but it seems Kensington want us to jump through hoops to pay off the arrears, which we want to pay off in full.

Just waiting for the letter saying they are taking us for repo now even though we are trying to pay it off, nothing would surprise me.

Can they ask all these questions and can they refust payment of arrears

Thanks and regards
Helen

Thrugelmir

The source of funds is important. As a creditor of your parents would be entitled to legally reclaim the money. May seem pedantic but these events do occur.

helenbody

Hello,

So still sitting here waiting for Kensington to agree to us paying the arrears. Have spoken to everyone I can, FSA, Ombudsman, CAB etc and they all seem to be at a loss as to why they are taking so long or may even reject our payment altogether, plus I cant seem to get anyone to tell me whether they can legally do this either.

Hubby rung the other night and they told him they might be delaying the outcome deciding whether we can afford the mortgage in the longterm. Surely once the arrears are repaid thats not an issue as we wont even be in arrears in the first place. We can afford to pay the mortgage anyway now I am working.

They also told him it has been passed to Litigation, they cant do that while we are coming to an arrangement, that much I do no.

If they do take us to court I am assuming judge would accept our payment, is it not in their best interests?

I am worried about losing our house, even when we are trying to clear our account !!

Dave_Ham

If you are willing to pay and can pay the arrears, no court is going to reposess you.

It will be a stupid reason for not accepting payment, probably between arrears and litigation departments.

Call litigation and say they need to accept the payment now, or lose the opportunity.

Not sure what they are trying to achieve though..

Best of luck

helenbody

I should add we have already complained to the Ombudsman who is going to send a letter to Kengsington, my brother is also going to draft us a letter so we can also start the complaints system.

The so far have refused to accept 3rd party payment, after a chat to the FSA the other day I realise they cant do that and are just being awkward.

I never realised it would be so hard to pay off debt!

Jimbo1976

You need to complain to Kensington first before you go to the Ombudsman.

Keep notes of any fees/interest charges that Kensington attempts to levy after you have tried to pay off the arrears.

helenbody

Hello,

Hubby rung Kensington today to see if they had come to any decision regarding us paying our arrears. They havent and it could be up to another week (surprise that as it means they can charge us another £50). He mentioned againt to them he had taken advice and could see now reason why they are not accepting our money, he said it was all in the T&C's etc. They also mentioned something along the lines that because the arrears is over 3 months they dont have to accept lump sum payment ???? Never heard of this neither have the FSA who I have just spoken too. FSA drew my attention to MCOBS 13.3.2A part 6. Hubby is going to ring and ask for the T & Cs and also what stage our mortage is in as the FSA said it might be a legal reason they are not accepting the money if it has gone to the repo stage, I dont think it has yet.
We had payment arrangements in the past but sometimes did not stick to them, our fault entirely but now I am working near enough full time we can afford to pay the mortage, so not sure if that is the reason ie, they dont think we can pay the mortgage under normal circumstances and thats why they are refusing our money. FSA said they are not sure why they would do that. A lot of this is now legal which the FSA cant help me with, but loathe to get legal involved and pay lots of money, CAB so far have been helpful

Thrugelmir

helenbody wrote: »

We had payment arrangements in the past but sometimes did not stick to them,

Then possibly their patience has expired. As you said in an earlier post the longer term has to be considered. Not just the clearance of arrears. So possibly your case is under review at a senior level.

Acceptance of the money to clear the arrears would take the wind out of their sails.

helenbody

So we have no chance then ?

If you are saying the have run out of patience with us and dont think we will be able to pay the mortgage in the long term, they can repo us anyway.

Better put the house on the market then if thats the case or will loose thousands !!!

Thrugelmir

helenbody wrote: »

So we have no chance then ?

I said possibly. There is obviously a lot of previous history to your case. So its impossible to predict how Kensington are viewing your position. Totally their call.