Oakwood Homeloans Possession Order

[gilly5001]

Hi

Briefly we have accrued arrears on our mortgage to £3800. Yesterday recieved solicitors letters stating have started possession and to await a court hearing. Rang Oakwood as previously have told them reasons for arrears, told them i now have a full time and permanent job, made the payment they asked us to, sen them bank statements and now this. They said they havent rtecieved information they requested so have gone down repossession for no cooperation.

they then said that if I send them another income and expenditure, proof of job etc they will still go to court but for a susended possession order and if we were to fall into arrears in the next 6 years they would go straight for an eviction order.

I have today sent them all the bumf but sent recorded which i now know should have done the first time round. Can I defend the possession order completely? I dont believe they've started this when they know Ive just got a job on a starting salary of more than £15k what i have got in the past.

They insisted there were only now 2 options - a repossession order or a suspended repossession order.

We have no way of raisong the funds intime but can definitately pay mortagage on time DD plus £150 towards the arrears.

Any help greatly appreciated. the thought of going to court terrifies me

Gilly5001

[jed52]

Hi gilly. Dont worry about appearing in court over a repossesion. Its not full of people. You've got the Magistrate/district judge, you, your rep (if you have one) and the lenders rep or solicitor. Very informal, intimidating at first but not excessively so. You really need to attend this so they know that you want to resolve it. My memories of what I went through are a bit sketchy, but at the first appearance the magistrate suspended the repossesion order if we kept payments up, Unfortunately we couldnt with other things going on. So the second appearance was the worst. The magistrate was worse than the first one, was very 'matter of fact' and the repossesion order was carried out. Very traumatic at the time. On top of this my wife was in the local mental health hosp after having tried to end it all. Anyway, thats another story. Things are ok now (we rent).

The court usually want you to keep your house so you will be given the chance to keep up payments. (In my experience anyway).

Good luck with everything.

jed

[Ell-enn]

Hi Gilly, there is no way you will lose your home if you have an income and can make payments towards the arrears. Please don't be too worried about going to court. As Jed said in his post there is only the judge (not magistrate) yourself and a rep for the other side in a private room. If you have already made an offer to Oakwood before they started possession proceedings the judge will not be pleased with them.

 

It might be a good idea to send them a letter asking them to reconsider in view of the fact that you kept them aware of the situation and made a proposal to pay the arrears which they conveniently say they didn't receive. If you need help with the letter please let me know and I'll happily draft one for you.

 

Was it Oakwood's income and expenditure sheet you filled in, or one of your own ?

[gilly5001]

Hi

It was the one attached to the solicitors letter i have sent them. did account for everything on it though and it shows a disposable income of £400 but know have to have a contigency for repairs etc

Can you help me draft a letter as they did say there were only the 2 options and both involved them getting a possession order

Thanks

Gilly5001

[Ell-enn]

OK, will do. I'll post on here either later today or tomorrow. You should send on Monday by special delivery.

[gilly5001]

Thank you soo much

[Ell-enn]

Hi there, letter affixed. Send by recorded delivery and keep a copy for your records - you will need it if you do need to defend in court. Check on the royalmail website in a few days time to print off the signature receipt then staple it to your copy of the letter. Do you have a copy of the I & E you sent to them?

Gilly5001 letter.doc

[gilly5001]

Yeh got a photocopy of the I and e here. Do I need to do anything with that?

Thanks againg

Gilly

[BRIGADIER2JCS]

Jed52 please be aware magistrates are involved in criminal

law, not civil law such as repos.

[Ell-enn]

Yeh got a photocopy of the I and e here. Do I need to do anything with that?

Thanks againg

Gilly

 

No, I was just checking that you had kept a copy. Keep everything together in date order in a plastic wallet or file in case you need it.

[gilly5001]

Sent it recorded delivery, they've been on the phone already today prob cause they've got my income and expenditure, proof of job hopefully! I missed their call tho so waiting for them to ring back

[gilly5001]

Sent it recorded delivery, they've been on the phone already today prob cause they've got my income and expenditure, proof of job hopefully! I missed their call tho so waiting for them to ring back

They didn't ring it was someone else should I ring and speak to them about asking that they reconsider? I have to ring em tomorrow to pay this months payment anyway.

Got court papers today for the 5th September! Feels so long away. It basically says the agreement isn't regulated, is that normal? Then says they want the court to seek repossession or order us to pay the full outstanding balance. I'm so scared about how serous this is, I know people have said don't worry but what if judge havin a bad day. Is it possible they would grant possession I'm so scares about losing our home

[Ell-enn]

Have you checked ont he royalmail website that the recorded delivery letter has been signed for?

[gilly5001]

Yes the income and expenditure / proof of income and bank statements and the second letter I sent asking them to reconsider were signed for yesterday

[gilly5001]

Hi spoke to mortgage who want more and more details. Proof of income from inland rev about OH self employment. Confirmation of my wage from new job. Will have to send invoices from contracts to show get paid every month. Thy did say tho that if they get an arrangement in place with enough evidence to support an arrangement then they will canx the court hearing so going o see how much I cam gather and send it to them. Feel a bit like they won't be happy with what we send in but feel like they being reasonable so fingers crossed

[Ell-enn]

Have you actually got a court hearing date yet?

[gilly5001]

Have you actually got a court hearing date yet?

 

Yes September 5th

[Ell-enn]

OK, there's plenty of time for them to accept your proposal and cancel the hearing, so just sit tight and see what they say. No need to return court papers yet.

[gilly5001]

Ok I'm going to send them remittances tomorrow and more statements showing OH income as can't get proof from inland rev. Will let u know what happens but thanks for your reassurance

Gilly

[BRIGADIER2JCS]

Good Luck:madgrin:

[Ell-enn]

Remember to send by recorded delivery and make sure you keep a copy of everything you send. Attach a covering letter along the lines of

 

Dear Sirs,

 

Following our telephone conversation today please find affixed further income details as requested by yourselves - this being in addition to the income and expenditure statement and proof of income details already sent to you by recorded delivery.

 

We trust you will now be able to agree to our payment proposal without the need for court action.

 

Yours faithfully

[gilly5001]

Hi

Well the update is they rang and said they still needed more details which was just ridiculous! I managed to get £2500 from family and paid that last week. They have saidthey still won't cancel court action till we make this months payment on the 28th! Once we had paid this our arrears balance will be £700! This seems very close to the court date. Do I trust them to cancel the hearing or should I still submit my forms to the court? I worried they'll have te hearing anyway and well get a possession order for such a small amount!

Any help greatly appreciated

Gilly5001

[BRIGADIER2JCS]

I doubt that a judge would issue

an order for that amount, if they

did I would expect the order to

be suspended to give you time to pay.

Certainly get the papers into court.

Brig.

[gilly5001]

What happens with a suspended order? Would we still be in danger of losing our home?

When do I need to do the court papers? Date of hearing is the 5th of sept. I'm not sure how to fill them in properly

G

[BRIGADIER2JCS]

Hi gilly, you have time to fill them in and fille them.

A suspended order is made when you state

in court or submit on the papers that you

can pay the required amount within a time

period usually one month, pay it order

is extinguished but if you fail they could

get a forthwith order.