case/claim No: 2PA68209

In the Portsmouth County Court

Kensington Mortgages Limited

CLAIMANT

-AND-

Kevin Fraser and Kay Elizabeth Fraser

DEFENDANTS

WITNESS STATEMENT

OF

Kevin Fraser and Kay Elizabeth Fraser

I, Kevin Fraser of 15 Swanwick Lane, Swanwick, Hants SO31 7DX

and Kay Elizabeth Fraser of 15 Swanwick Lane, Swanwick, Hants SO31 7DX will say as follows:-
1. We are the Defendants in this case.
3. We make this Witness Statement from information and facts within our own knowledge and which we believe to be true.

4. We would bring to the honourable courts attention the following matters;

(A)We apologise for the late submission of this witness statement. This is due to the fact that we have now had a firm offer on the sale of the property involved and have proposed by letters to the Claimant matters to carry this sale through.

(B) We have an offer on the property and adjoining land that will more than cover the outstanding mortgage to Kensington

(C).We have also proposed an interim payment to Kensington from shares owned by Mr K Fraser that will settle in the next few days.

1.We have received a firm offer for the sale of the property involved. The offer is for £847,000 for the house. The offer is a good one and we have accepted this offer. The purchaser is a cash buyer and has already instructed a surveyor and had the survey completed on 6th December. We believe that there is every chance we may be able to have exchange of contracts before the Christmas break with completion early in the New Year. The purchase price more than covers any outstanding debt to Kensington.

2.We have also sold the adjoining grazing land to the house for the sum of £5660 and exchange and completion of this should complete before the Christmas break with proceeds going to Kensington.

3.Mr Fraser has also sold 500,000 shares as detailed in the attached email from his broker. The sale took place last week and monies are due from this sale later this week. The total sale is worth £66,250.00 Mr Fraser has written to Kensington Mortgages detailing what will be paid from this share sale. A sum totalling £57986.01 which would bring the arrears payments up to date with Judge Veysey’s order of August2012.

  1. The Fraser’s have also been paying their mortgage on a monthly basis from their salaries as can be evidenced by their November payment. (Mr Fraser’s first salary from his new employment) Mr Fraser is paid on the 10thof the month and a December payment has been included in the sum being paid to Kensington detailed in

Para 3 above

  1. The defendants ask the Court that a stay of eviction be allowed for 6 weeks to give time for the property sale to complete. In the interim the Frasers will substantially reduce the arrears as proposed at para 3 and complete on the section of grazing.

This should be preferable to all involved rather than a forced sale by Kensington which will take longer to administer and follow through and is likely to end in a reduced sale figure. During the 6 week period the Claimant will have the comfort that a large interim payment is being made which substantially reduces the arrears and that monthly payments (including an amount to reduce the arrears further) is also being paid.

Statement of Truth
I believe the facts stated within this Witness Statement to be true

Dated this9thday of December 2013
SignedSigned

Kevin FraserKay Elizabeth Fraser