Oakwood stalling and eviction due 01/10/12 **WON**

[Eitha22]

I never even checked the opening times

 

I think they were just under 2000. Over the course of 2008-2012 these increased to around 4000 until this year - the rest you know

[Ell-enn]

OK, so we can't say you have reduced the arrears since the court case in 2008 as they have actually increased. Perhaps you'd better not include these statements with the N244. I know it's a bit of faffing about, but I'll take the reference out of the statement and repost it - this of course means that the copy letters and budget sheet will now be Appendix 1 (letters) and Appendix 2 (budget sheet) so unless you have some tippex to cover the numbers and re-write over it, you will have to reprint/copy I'm afraid.

[Eitha22]

Oh I'm sorry Ell -enn I don't explain myself well enough- really sorry for the added nuisance. Do people normally attach these and will Oakwood use this as a challenge. It doesn't look good does it? Obviously I know there were genuine reasons each time, as do Oakwood, but in black and white it's still an increasing debt.

[Ell-enn]

It's no trouble

 

Most people don't have their mortgage statements (didn't keep them/can't find them etc) and in the majority of cases they are not affixed to the N244, so don't worry about that. The new statement is just fine - as I said before, judges don't take people's homes away when they have an income and can show they are able to make payments going forward - they usually like to give people a second chance. You had a reason for missing the payments and the judge will see that .

 

Amended statement affixed.

[Eitha22]

Ok ok *breathes again* I'm getting severely on my own nerves now. Thanks for the amended statement - I'm going to print it off and then staple it all tomorrow. I'm now going to collapse face down on my bed, thanks for getting me through today Ell -enn, couldn't have formulated my thoughts and actions without you.

[Ell-enn]

Try and get some sleep, things always look better in the morning when you're rested. Take your time putting the pack together for court (don't forget to change the Appendix numbers). Try and concentrate on the thought of how relieved you will feel when you come out of the court, knowing your home is safe

 

Let us know what date your hearing is and we can go through the process.

[Eitha22]

I promise I will take my time and check and recheck! I Feel more calm tonight than I have in two weeks so I think I will be fast asleep by about 8.00pm, rock'n'roll eh? And yes.. I have allowed myself to think about it all being over and sorted..just a little bit

 

I will be back when the court date is on us - in the mean time..as ever..thanks. *gives you a hug*

[Ell-enn]

Also, let us know tomorrow how you got on at the bank with those letters to stop paymemt to PDL's

[Eitha22]

Hi Ell -enn - ALL DONE AND DUSTED (the submission of forms not my kitchen cupboards pffft!)

 

1. Court date for Wed next week.

 

2. Santander were fabulous - actually called PDL companies 'swines' and said they had had 6 similar CAP cancellations from customers this week alone ( how depressing is that?) They even asked if we had copies they could stamp as proof of receipt before we could ask ourselves

 

3. Phoned Co-op. Sorted no problems whatsoever.

 

4. Telephoned Oakwood to update them...lol...their reaction was hilarious. Suddenly they said *if* they agree to our proposals our actual mortgage would be £50 less now and that we didn't have to worry about paying this months arrears payment as we 'will take your good will payment in lieu of that'. Asked my children's ages and then started to talk about the joys of teenagers. I got off the phone and actually laughed. She urged me to ring back on Friday to see if there was any updates on our case (took all the court details and specifically asked if we had included our budget sheet and if we'd had any legal advice)

 

[Ell-enn]

Wow - you've had a good day well done! Told you things would be much clearer today.....

 

Aha, Oakwood don't like the thought of having to go to court - they know you'll win - bet they cancel the eviction notice. If they do tell them to take the £40 you spent needlessly on the application off the arrears - see what they think of that!

 

Now you have a "parachute" account with the Co-op it gives you the option to move money into it if you need to - even if it's only £5 every now and again - you'll feel you are achieving something.

[Ell-enn]

Hi, any news from Oakwood ?

[Eitha22]

Hi Ell -enn

 

They requested I call them back today for an update. I was met with Friday afternoon apathy. Admin staff from litigation dept told me 'all our lines are busy, can we call you back'. Paranoia set in about bad news etc *sigh*. However... the girl asked 'what is it concerning' and replied someone will call you back before 6.

 

You will be hugely surprised to hear I have received no phone call. Useless gonks.

 

Thanks for asking though - I appreciate it. Feels like you are holding my hand!

[Ell-enn]

Just checking To be honest I expect it will be Tuesday before they ring you to say they have cancelled the eviction, these companies don't seem to be able to get their act together until they realise the hearing is almost upon them. Try not to worry over the weekend - it will be OK.

 

Trust you are managing to sleep better ?

[Eitha22]

The night after speaking to you I slept like a log (I intend that as a compliment!). I accept I'm trapped in a cycle of crap sleep until I know this is sorted for definite. I have taken your advice and am trying to find lots of displacement activities and it helps (I've sorted *that* cupboard everyone us has, the one you have to hold your foot against to shut the door)

 

Re: Oakwood. I accept they are a business and have to protect their own interests, I accept this situation however unavoidable is our own fault and responsibility, but I struggle to accept what I see as downright malice and manipulation .

 

Anyhow - nowt I can do now the office is shut, hope you have an enjoyable weekend Ell-enn - I promise I will tackle the cupboards tomorrow

[Eitha22]

So this morning at 9.00am I spoke to Oakwood.

 

They said after all this time and stalling that they were going for the eviction. They said the account was in poor state, that they weren't convinced we were in a position to keep up repayments. Then said something about soing another income/expenditure form and wanting £200 pm off the arrears and they may reconsider.

 

I asked hypothetically if we were to agree to £200 w9ould the eviction be suspended and they said no. I don't understand any of this. they also said even if the judge suspended the eviction they would still be requiring £200.

 

If someone could go through what I need to do worse case scenario here I'd be very grateful. They have lead us on for nearly 4 weeks believing they were genuinely negotiating with us and that the eviction would be cancelled and now we have no time to get anything in place. Can judges give us more time given the circumstances of Oakwood stringing us along to make arrangements? it says on the court forms not having someone to live is not a reason that the judge will consider. Technically we have had nearly 4 weeks but oakwood kept telling us if you just send this in or that. They have had our budget sheet since 04/09 so I don't understand why they think we sudden;y can't afford it when they could have said that nearly a month ago. I am absolutely scared witless they are going to be aggressive at court. it won't be hard for them to make us look awful.

[Ell-enn]

Hi there, please try to stay calm. You have an income and can make payments towards the arrears. Judges won't take away people's homes if they can show they are able to pay. Oakwood are one of the despicable sub prime lenders and are running true to form. As to them being aggressive in court - they will send someone from a local law form who will no doubt get the paperwork the night before and just be told to oppose your application.

 

Do you know if your court has free duty legal advisors on Wednesday ? if you haven't already - ring them to find out.

 

...and stay calm..... it'll be OK.

[Eitha22]

Hi Ell-enn - we checked when we submitted the n244 if anyone was available from the duty legal team but guess what ? The only day they aren't there is Wed. The admin clerk asked if we wanted Thurs instead but we felt that if things went against us it would be one day less to sort something out Do you think not having someone else to speak for us will go against us or that the Oakwood rep will attempt to run rings around us? I have visions of them bringing up the transactions on the bank statements, all of which are genuine and in no way feckless (bloody hell I wish) but I wondering what I can take to challenge all this. I find it perplexing that they say we can't afford it and then demand more money?

[Ell-enn]

I doubt very much if the Oakwood rep will run rings round you - he/she will most likely have very little paperwork (they never seem to be in possession of all the facts) . I think you need to be telling the judge that they sat on your offer of payment for weeks and then said you couldn't afford it, but if you offered more money each month they would consider it !!!! irresponsible or what!

 

Loads of people don't have anyone to speak for them and they do just fine judges are usually very good with people who are in your situation and will guide you through the process.

[Eitha22]

I so hope you are right - I've lost all faith in anyone listening to and considering the actual facts, even a judge. Believe it not , despite the nerve bag I am at the best of times never mind faced with this - I go icy calm when I'm really up against it. I think I'll be able to convey what the sequence of events/circumstances has been etc but fear of the unknown ie the mood/personality of the judge and the level of challenge from oakwood. I think I was quite suprised at their action this morning - it's thrown me somewhat as to what to expect.

 

What stuff do we need to take with us at the hearing Ell-enn? Do we need to take all our documentation banks statements etc? I know you keep telling me it will be ok but can you please tell me if the judge decides against us would we get any extra time to make arrangements ie to see if we could borrow from a relative (unlikely) it's just even if they could we would have just two days, it's simply undoable. The person we might have to ask doesn't even live in the UK.

[sillygirl1]

I would advise to take the lot, just in case, then you can immediately put in an appeal if it does not go your way.

 

Remember, judges these days are becoming wise to the greed of companies like Oakwood.

 

Good luck, it is 6 complete years next month from when I was evicted and both those companies are in administration and haven't received anything from me they allege I owe (all fees after a sale which they claim lost £5,000, £4,000 of that total is an Estate Agent management fee which has been contested and they cannot provide paperwork to back their claim... only a single page which has the amount on which is not on letterhead.).

 

Good luck and hopefully common sense will prevail.

[Ell-enn]

All the information the judge needs is in your statement which went with the N244, and he will have read it before the hearing so will be in possession of all the facts. You should take your copy of the N244 (and supporting documents) and any other documents you feel might help (although unlikely you will be asked for them).

 

If you read your statement you will see that the reason for the arrears was out of your control - the judge will see that.

[Eitha22]

Thanks silygirl So basically the shysters plucked a figure out the air to add to your misery. Glad they are stuffed. Glad they didn't get a penny. Hope your circumstances are happier now.

[Eitha22]

Thanks Ell -enn. There's a fight going on in my head between logic and gloomy what if's. I'll try and calm down tonight and hopefully be more clear headed tomoz if I have any last minute Q's.

[gemspan]

Hi

I just wanted to give you some comfort. I went through a hearing last Friday. What Ell-en says is true! It was a local rep that was not issued with the facts.

 

The stated that since they had initiated the proceedings a back payment had been made by the DWP to the sum of just under £1500 and yet they still wanted to go ahead.

 

They said that I had not contacted them at any point but I have a letter saying that no more agreements would be entered into without decree and all my letters.

 

I had them with me but the rep was tongue tied when I started citing cases etc,. and she immediately asked for a 4 week continuance.

 

I told the judge I had all the proof with me and had prepared a bundle for each of us. Nobody wanted to see it! In Scotland hearings are in public court, in front of lawyers etc., In England it is very different.

 

The hearing are in private and the judge gets your bundle before going into court so knows a bit about the case.

 

The judge agreed the continuance and told me to bring everything I receive from them from now until then - on the day - together with all the relevant documents.

 

Remember, you are in the right...they are in the wrong. If the judge doesnt see this then you can appeal.

 

The sheriff was non-committal in my case but I got a few cues that he may have been on my side and it gave me great pleasure to see the face of the other side's rep when I categorically refuted everything she was saying. These people are at a disadvantage...they don't know the case....you do! You will be great. You have the passion to keep your home.

 

I couldnt get over the number of cases that were undefended...and that's what they want! They don't want you to be there defending. 70% of the cases that called on Friday were sub-prime.

 

Its disgraceful. I am now looking at my charges, insurance fees etc., which have been added to my balance increasing my interest. They provided them as separate accounts in court to let the judge think they were behaving fairly....but I could prove they were not if asked!

 

Shocking behaviour. They are trying to get people's homes by lying. If you defend they don't get away with it. Go get them and show them you are not to be reckoned with. Good luck. x

[Eitha22]

Thank you gemspan - and so happy for you. Reading people's experiences on here, there seems to be no end of different tactics these companies will use. I know I'm probably a little bit over emotional at the mo but I genuinely believe you would have to be somewhat psychopathic to treat people like this when it's so needless. I'm just about to start getting things together - taking printouts of any other evidence such as emails etc ..lol I'm sure it's all pointless, but I'd sooner go in expecting a fight and be surprised than under-prepared.

 

Hi all, can I just check some things before tomorrow if anyone is around?

 

I'll be taking -

 

My copies of the n244 and attached appendices.

Copies of emails sent to Oakwood from July onwards with attachments of wage slips, council tax letters etc which they totally ignored.

Copy of online bank transactions showing payment at beginning of sept.

Sequence of events on dealing with Oakwood this month to support why we didn't apply for a suspension sooner.

 

Some last minute Q's...

 

• is there any chance the Oakwood rep will try and approach us before the hearing? They said they were going to pursue £200 would we have to prove we can't pay this above what is written on the budget sheet?
  
• Does it matter that some details on the budget sheet submitted to them are different to the one submitted to the court (not vastly, just tweaked) would the judge question us over this?
  

Thanks