Oakwood Repossession Hearing

[ascint57]

My wife has a buy to let mortgage with Oakwood which was originally with GMAC.

She ran into arrears because of a bad tenant and although we paid them off Oakwood kept the possession hearing open. Now again because of a bad tenant she has 4 months arrears accrued and although she had thought to have agreed to pay off the arrears at £80 per month plus the monthly mortgage.

She has a new tenant and had agreed to start paying when the first monthly rent was received.

 

I have spoken to Oakwood, on her behalf and they have told me they need the court order to ensure payment of the arrears as well as the mortgage. and want to increase the arrears payment to £125 per month, which is more than the new rent.

 

As part of our deal with the tenant we have the property for sale although we are now assuming they will be moving to their new house before we sell the cottage

 

Any advice on how to handle the court hearing, and what does she do about the tenant who is on a standard lease started Sept 12.

[ascint57]

Further to the above cry for help, I had asked to see what was to be put to the judge as the repossession hearing originally was fr arrears we paid off and were much larger than they are now but Oakwood are not providing the answer.

Can I approach the court for the information?

[Ell-enn]

Hi there, what date is the hearing? Have you put any defence into the court? if not we can help you with that.

 

Kind Regards

 

Ell-enn

[ascint57]

Thank you fopr the reply,

 

21st of October

 

No defence as yet.

 

How do my wife's tenants stand ?

[Ell-enn]

Hi there, have you received an N11M defence form from the court? if not what exactly have you received by way of notice that there is a hearing on 21st October?

 

Kind Regards

 

Ell-enn

[ascint57]

She has a Notice of restored hearing N24

The original hearing some 12-16 months ago, was deferred because she paid the arrears just before the hearing, she can't this time as we have problems elsewhere

[Ell-enn]

OK, we can do a defence for you to take to court with you. In the meantime you should send a letter to the lender detailing your offer of payment towards the arrears and enclosing a budget sheet (affixed).

 

If you need any help with the letter please let me know and I'll draft one for you. The letter needs to be sent by recorded delivery, keep a copy of the letter together with the receipt for posting and then check on the royalmail website a few days later to print off the recipient's signature. We will then use the letter in your defence to prove you have tried to come to an arrangement.

 

Telephone arrangements are no good in court, they could simply deny they ever spoke to you.

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

[cat100]

I would have thought that asking for documents from the original hearing is inmaterial, as this is a new hearing.I presume the last hearing was cancelled?

[ascint57]

I would have thought that asking for documents from the original hearing is inmaterial, as this is a new hearing.I presume the last hearing was cancelled?

 

 

No the hearing went on even though my wife had paid the arrears. It was deferred

We later wrote to Oakwood to get it canceleld but they would not allow it.

 

Now we have this notice of the restored hearing and go into it not knowing what we will be facing?

 

I have confirmed our offer, already sent it and by recorded delivery some 3 weeks ago, well before the N24 was received When I asked Oakwood why they needed to get a judgement they said it was to ensure the agreement was met. We also sent them a copy of the for sale agreement from the estate agents and a copy of the new tenancy agreement.

[ascint57]

Ell-enn, how will the budget sheet help, this is a second property on a buy to let mortgage. My wife's problem is she hasn't the finances to cover the 16 weeks when she received no income from the previous tenants

 

Thanks again for the help, my wife's cheered up just reading your input

 

Oh the hearing is at 930 is it best to get a statement to the court earlier than on the morning of the hearing?

Edited October 6, 2008 by ascint57

[Ell-enn]

Hi there, sorry, I'd forgotten it was a buy to let property - if you have the new tenancy agreement and can show the income from that is coming in regularly then you won't need the budget sheet.

 

It's a shame you didn't apply to the court to have the possession hearing discontinued after the arrears were paid last time. However, you are in a good position to get possession suspended.

 

What payments have been made to the mortgage since the last hearing?

 

Kind Regards

 

Ell-enn

[ascint57]

I've obviously been sold some poor info then. I was told Ell-enn that you ahd to asak the building society to have the order discontinued, which I did, they ignored it, not the courts.

 

I can show a signed rent book, if that is ok, he's only paid once his next is due next week. As to what has been paid that will take some searching I'll be back

 

regards

[Ell-enn]

They would ignore your request ascint - while ever they have a suspended repossession order, it makes it easier for them to revive the case.

 

Not to worry though, we will put forward a defence for you to take to court. You will need a copy of the letter you sent to Oakwood 3 weeks ago with all the evidence you sent with it - did you print off the signature receipt from the Royalmail website? if not, you need to do so and put with the other documents. This will all form part of your defence.

 

Kind Regards

 

Ell-enn

[ascint57]

Sugar, no and I can't find the receipt, yet.

[Ell-enn]

OK, we've got another week or so before we need to finalise the defence. Perhaps you'll find the receipt (you do have a copy of the letter and enclosures though?)

 

Ell-enn

[ascint57]

Yes and the original tenancy agreement signed and dated and copies of all the letters we have sent usually about allowing me to talk on the account, as they keep banning me because the authorisation runs out they say after 3 months.

[Ell-enn]

Hi there, OK - I will start to draft your defence to take to court and will post tomorrow.

 

Kind Regards

 

Ell-enn

[ascint57]

kiss kiss, many thanks

 

malc

[Ell-enn]

You're welcome sir

[Ell-enn]

Hi there, affixed is your statement for court. You will see where I have put XXX's you need to put in the relevant information (obviously deleting the XX's - although this wasn't obvious to one person I helped previously lol). Make sure the statement stays on one page.

 

There are 3 Appendices to affix to the statement:

 

Appendix 1 - new tenancy agreement

Appendix 2 - estate agent contract to sell property

Appendix 3 - correspondence with Oakwood

 

On each of the Appendices you need to write the Claim Number on the top left hand corner and the Appendix Number on the top right hand corner.

 

You will need 3 copies of everything to take on the day - 1 set for yourselves, one for the judge and one for the other side.

 

You can take one set to court a couple of days before the hearing to make sure the judge reads it beforehand.

 

Any further questions, just shout.

 

Kind Regards

 

Ell-enn

ascint57 Statement.doc

[ascint57]

Many thanks ell-enn, have been ill since Thursday so only got around to viewing your excellent attachment just.

 

Do I send the Oakwood Homeloans copy to them or just hand it over on the day?

 

Plus I've just realised we have no notification as to what the sum asked is. The original summons was for much more than my wife owes now, especially as she are about to make a payment. Is that how its normally done ?

[Ell-enn]

Hi there, just take a set to the court a few days before the hearing and ask that the judge sees it beforehand, then take a copy along for the other side on the day (plus another for the judge and your own copy)

 

I would have expected you to receive their witness statement showing the situation that has brought about the restored hearing.

 

It might be a good idea to send them a letter (use the case number and date of hearing as the title) asking for an up to date statement showing the exact amount of arrears in order for you to fully prepare for the hearing. If you send it by guaranteed next day delivery, there is a good chance you will get the response before the day of the hearing.

 

Alternatively you could take the chance of ringing them up and asking them to fax it to you.

 

Whatever, you should be in possession of the full facts before the hearing - have you had any correspondence from them relating to the hearing?

 

Ell-enn

[ascint57]

All that has been received is a letter from the court that the hearing is on the 21st, nothing more from anyone. I have spoken to Oakwood about our offer and they just suggested we needed to up it to £80 on top of the mortgage payment or they wouldn't accept it. Is there no legal requirement to inform us what they are about ?

[ascint57]

Still no witness statement or correspondence from Oakwood, so we have only a guess to the demands

[Ell-enn]

OK, there's still time for them to send you something - if you haven't received anything by the day before the hearing we will amend your statement to reflect the fact that you have no information as to the true state of your account.

 

Kind Regards

 

Ell-enn