House repossessed by Oakwood Homeloans because of confusion, can we get it back?

[Danny321]

Thank you for your reply, I have spoke to a company called revive they are arranging a solicitor and preparing the case for me, I have been advised its not a case if oppression as oppression can only be done from the courts side, is this correct?

[Lea_HTH]

Who advised you of that? And who are 'Revive'?

[Danny321]

The gentle man I spoke to from a company called revival, he has state we will be mentioning the oppression but its not the main issue. I am waiting in them to prepare the defence and then they are going to call me

[Danny321]

Do you think I have a decent case

[Danny321]

Revival is a company that help people stop repossession, they assisted me in court in December

[Lea_HTH]

So what is the 'main issue' as far as they are concerned?

 

Post the 'defence' they write here once you have it.

 

Once eviction has taken place, there is a very narrow chance of regaining possession - so whether or not you have a decent case will depend heavily on what is in your application (it's not a 'defence' as referred to above), and how effective the lawyer is in court. It's not the type of case the inexperienced should try to deal with.

[Danny321]

Yes I agree with you they have advised me they are going to get a good solicitor with good experience to assist me at court. I will post the defence once I have it to hand.

 

From you knowledge do you think I have the slightest of chance to over come this matter as payments have been made and proofs have been sent. It's just I should have not took the lenders word for it and applied at court before the eviction

[Danny321]

Does anyone have any advise that I could put forward to the solicitor. Or any points to bring up in court on Friday

[Lea_HTH]

I have read Revival's website and can find absolutely no reference whatsoever to their experience to deal with your type of case. Who is the solicitor they are referring you to? Do they have in-house solicitors, or are they going to refer you to a firm? Are they charging you for this service?

 

Phone Revival back and ask them how many cases like yours they have dealt with: i.e. how many have they helped get back into their properties after possession has taken place.

 

Who is writing your statement for the court on Friday? The solicitor?

[Danny321]

They have said they have has similar situations before, I don't think they have In house solicitors, the solicitor is writing the defence. They have told me that they are confident we have a strong case because due to the lender saying we will cancel eviction as long as there requirements had been met. That stopped me from sitting in front of a judge because it was a agreement they made with me. What are you views it sounds like you have good knowledge of this. I have paid them £495

[Danny321]

I don't want to take anything away from Revival they are good at what they do and are professional I'm just looking for more information so I get a idea of what to expect and what my options are.

[Lea_HTH]

Oh dear...their website makes absolutely no reference whatsoever to their ability to deal with your type of case. The number of times they mention 'we can stop repossession up to the day of eviction' means that is what they do, that is what they 'pride' themselves on. And that is fine - but frankly absolutely ANYONE can stop possession before it takes place if they have the right circumstances to do so. It is not as simple in relation to an eviction that has already taken place.

 

You could have paid a solicitor directly with that sum of money - and you could have chosen one that actually has experience in the matter. In fact, you could have directly instructed a barrister from a top housing set, for a little bit less.

 

I am writing this, not just for you - but for anyone who reads this in the future when faced by a similar situation. WAIT for the advice before dashing off to pay anyone BUT a solicitor.

 

Ask them which firm the solicitor is from, and get his name. Post back - I'll check to see what his speciality is.

[Danny321]

Thank you I will chase the information up and be in touch, do you think I have any chance with the situation I'm in.

[Lea_HTH]

I already gave my opinion on whether you had a decent case - see earlier post.

[Danny321]

Thank you for you time, I am waiting for a member of Revival to call me back and discuss further and will will get the information regarding the solicitor and anything else

[Danny321]

Someone else from another company sent me done quite helpful information of what my situation is. Oppression can be cause by the lender, I'm trying to attach it but it won't let me, it's some pages scanned out of some law book, any idea how I can put on forum

[Lea_HTH]

Someone else from another company sent me done quite helpful information of what my situation is. Oppression can be cause by the lender, I'm trying to attach it but it won't let me, it's some pages scanned out of some law book, any idea how I can put on forum

 

There is a sticky thread somewhere on the forum that tells you how to upload documents.

[Danny321]

Attached are the pages

[Danny321]

[ATTACH=CONFIG]42613[/ATTACH]

 

Final page

[Danny321]

Thanks iv attached them, let me know what you think

[ims21]

You'll need to convert them to PDF.

 

Use this method by dx100uk

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try http://www.pdfescape.com TO BLANK STUFF,

************************* ************************* ***********

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use http://www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

[Danny321]

I won't be able to do that as I recurred it as a PDF email and I don't have access to a laptop I am responding on my phone, if you have a email address I can email it to you

[ims21]

Ah right...got you

 

Check your PM box in five mins please

[Danny321]

Ok no probz

[Ell-enn]

They have said they have has similar situations before, I don't think they have In house solicitors, the solicitor is writing the defence. They have told me that they are confident we have a strong case because due to the lender saying we will cancel eviction as long as there requirements had been met. That stopped me from sitting in front of a judge because it was a agreement they made with me. What are you views it sounds like you have good knowledge of this. I have paid them £495

 

It always makes me sad when I hear that these type of companies charge people such large sums of money for something they could do themselves (applications to stop eviction or defend possession) - that sort of money would be better used against arrears. These people are no better at this sort of thing than Shelter or some CAB centres.

 

If I had charged that sort of money for all the repo and eviction defences I've done, I'd be extremely rich.......