oakwood home loans ltd Mortgage arrears - payments made show as AP on CRA file

[petelyn]

Hi

i am desperate to get some help regarding a 3rd eviction for the 24th of this month,

 

the reason for this is because my wife has been ill with her heart condition,

and was waiting for an operation for suspected bowel cancer so we have missed the last 5 mortgage payments,

 

 

on top of this i am self employed and was struck down with severe gout through my body i was also admitted to hospital,

i was then prescribed with a tablet to be taken every day for life,

unfortunately this tablet made me worse and attacked all my joints

(they said the tablet would make it a lot worse before i would improve )

 

 

being i was self employed i could not claim any money at all but my wife was getting her wages and we had to live off them,

in the meantime our mortgage company asked for a new budget from us

 

 

my wifes bank statements to propose a new offer to their head office as we are now back to work (and my wifes op was succcessfull) full time

 

 

however the next thing we knew was a bailiffs letter to evict us on the 24th of January 2012

 

 

.i rang the mortgage company at the end of December to pay our monthly payment and they said you can pay if you want

but it wont stop the eviction,

 

 

at this stage we were so upset that i put the phone down.

 

 

please can you advise me of what are our chances to appeal the eviction with N244 form.

 

 

many thanks for any assistance you can give us

[seanamarts]

Thread moved to correct forum.

 

~~~~~~

 

This matter is a follow up of linked thread below

http://www.consumeractiongroup.co.uk/forum/showthread.php?277750-2nd-eviction-notice

[Ell-enn]

Hi there, did you inform the mortgage company of your circumstances and why you would be unable to make payment?

[petelyn]

Yes we did Ellen

they asked us to send a doctors letter to the for my wife

bank statements and also our offer of the mortgage payment plus we offered £200.00 on top a month.

 

 

before we had a reply the hit us with eviction notice.

 

 

i contacted them on the 31st of December 2011 to pay my mortgage and they said it is up to you but we are still taking possesion.

 

 

i also asked if they would accept an attachment of earnings order by the court so it would be taken straight out of my wifes wages

 

 

they said they nor the judge could do this if it went back to court.

Edited January 6, 2012 by petelyn
spelling mistake

[Ell-enn]

Have you got a copy of the letter you sent with the offer ?

 

 

would your employer write a letter for you stating that they would pay the mortgage payment out of your wages each month. I did this for one of our employees and we have been paying it for nearly 3 years now.

[petelyn]

yes i do have a copy of the letter and also a copy of the doctors letter which i sent them,

 

 

i will have to contact my wife's employers to find out if they would do this i know they were taking her friends council tax on a attachment of earnings order.

 

should i start doing another N244 form Ellen. i dont know if i can face the courts again i fell so ill at the moment.

[Ell-enn]

Well, you've got a bit of time before the 24th so it might be a good idea to writ to them again, enclosing the usual budget sheet and a copy of the doctor's letter to see if they will accept yor proposal. Did you make a payment in December, if not you should do it right away and that will show the court that you are serious about making your payments.

[petelyn]

I did not make the payment because the person on the phone did not want to accept it

she said well i will take it if you want me to but there's not much point because the eviction will go ahead anyway.

 

 

i was just so upset and confused Ellen

 

 

.do you think we would have any chance of the judge making an attachment of earnings order

which we would be hapy with or cant the judge authorise it,

 

 

according to my mortgage company the judge could not do it.

[Ell-enn]

As far as I am aware the judge cannot order an AOE on mortgage arrears. However, if you were able to get a letter from employers stating they would be happy to make payments via payroll to the mortgage company then that would be OK, as I said - I know this can be done because I did it for an employee.

 

 

To be honest I would phone up and make the payment (they cannot refuse to take it from you) , then print off proof from your bank statement - we can use that in your N244. I also think you should send a letter by special delivery as soon as possible. If you need help writing the letter please let me know and I'll draft one for you.

[petelyn]

Fantastic Ellen i would realy like you to draft a letter for me,do i need to do N244 now. sorry to be a nuiscance

[Ell-enn]

No, don't do the N244 yet. If you can send the letter by special delivery on Monday - they will get it Tuesday - you can then wait for a response by say Friday next week. While you are waiting we can do the N244 just in case you need to take it to the court if they haven't responded. I will try and draft the letter this evening when I get home from work.

 

 

In the meantime, take photocopies of the lette and attachments you sent them last time and also fill in the affixed budget sheet as we will need that for the letter and also to go with the N244.

Budget Sheet.xls

[petelyn]

ok Ellen very much appreciated,but do you think there's any hope this time if it goes to court ? as we have no where to live.

[Ell-enn]

If you are able to show the judge that you can afford the monthly payments plus something towards the arrears each month, and also present the evidence of both your and your wife's illnesses then I think you should have a good chance of getting the eviction stopped.

 

 

How much are the arrears ?

 

How long is left on the mortgage?

 

is there any equity in the property ?

[petelyn]

arrears £9000

20 years left on mortgage

no equity at all

[Ell-enn]

OK, if you are online this evening give me a nudge and I'll get the letter drafted for you.

[petelyn]

Thanks Ellen i goe to work at 18.30 tonight though.

[Ell-enn]

OK, as long as we get it done over the weekend ready to send on Monday it will be OK

[petelyn]

ok Ellen but i am home from work now

[Ell-enn]

Draft letter affixed. Have you done the budget sheet ?

Petelyn letter.doc

[petelyn]

yes i have done the budget sheet as have also informed them that my wife has also taken a nursing assistant job in the hospital she works which will give us an extra £200.00 a month,only thing is E LLEN IS I CANT PRINT YOUR LETTER can you e mail it to me

many thanks.

[Ell-enn]

Hi, I've emailed the letter - I've also removed your email address from your post in case it is misused.

[petelyn]

Thanks Ellen i will be posting the letter off today special delivery, also is it worth mentioning that my wife has been offered extra hours as a nursing assistant it will be an extra £200.00 per month as a banking nurse although there is no contract with this position.But the work is regular so we would then have about £350.00 pm over or should we not commit this money.

[Ell-enn]

I wouldn't committ to that if there is no contract for the position - it could be cut at any time. Hoiwever, there is nothing to stop you making increased payments when you have the extra money.

[petelyn]

OK MANY THANKS ELLEN

i have also mae an appt with my doctor for this week for a medical letter to show my gout illness.

[petelyn]

Ellen just a quick question,

 

going back to 2008 when i had a straight possesion order given from the court because i did not attend,

due to the fact i was on the phone to mortgage company trying to pay the arrears in full

and they said they could not contact their representative in the court.

 

my question is

30 mins after they had possesion i paid the arrears to them in full.

 

Should the straight possesion order have been cancelled or is it still valid.