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


Eitha22
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You seem to have covered a lot of things, but if you can take all the paperwork do so (just in case). Make sure you have a clear list of all payments and dates you have made to Oakwood.

 

If Oakwood approach you before the hearing ask if you can record the conversation - that should shut them up - they may ask why and then you say "I understand that I don't have to speak to you before the hearing as you have continuously refused to deal with me before this point. Therefore this is not the place for further discussion unless it is recorded." This is because they may push you to something beforehand and tell the judge something else (has been known).

 

You probably wouldn't be questioned over the differences if they are about £5 different but take backup evidence just in case.

 

Good luck and hope Oakwood don't get what they want tomorrow.

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Hi, if the Oakwood rep asks to speak to you before the hearing and says they are pushing for a higher payment just say to him/her that you would rather wait for the judge to decide.

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It'll be fine :)

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ell - enn don't be lovely cos I'll start crying lol. I'll be back here tomorrow. I'm going to have to log out of here now because I'm torturing myself reading all the threads. Convinced myself no -one seems to have owed as much as us. Deep breath and all that ...x

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Chin up kid - just remember when you walk into that hearing tomorrow you've got all the CAG success cases behind you :)

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*high fives everyone*

 

Suspended

 

Thought I was going to dissolve in fright waiting in the reception. Full of bright young things in sharp suits and mountainous legal papers. Had foolishly taken my daughters lucky pendant (metal) and stuck it in my bra so had to fish it out as it set the hand held body scanner off.. the shame :oops:

 

As predicted the Oakwood rep ( had two sheets of paper - that made me feel better) tried to get us to negotiate. pfft.

 

It was a woman judge who was just wonderful. I thought the judge would be poker face, but she didn't even attempt to hide her disgust at Oakwood. Oakwood had the temerity to say we hadn't contacted them, and hadn't submitted the requested documents and that they thought our financial situation was worse than we said and we were attempting to hide information! They had three months wage slips, bank statements and had had them since July!!!!! Short of cctv in our house what more did they want?! Their attempts to smear us incensed me so much I just went off on one pulling all the proof out of my wallet.

 

The parting shot of the judge was basically 'if ever you find yourself in trouble again get to the CAB and use the courts, they are there for your benefit too' (in other words don't bother with Oakwood) she then wished us the very best of luck with our life and hoped are finances will improve in the future. How lovely was that? I wanted to skip at that point.

 

Have to say hearing her say 'eviction suspended' is right up there with hearing my husband was in remission and 'one more push and the baby will be here' lol.

 

That's the biggie sorted now the payday loans...I'll be back on later for advice on that thread *sigh* not worried in the same way though - not even close.

 

Ell - enn, could not have done this without your support, help and wise words. You alone were the single major difference between me giving up or just walking away. I was so swamped with anxiety. My kids will stay in their home as a direct result of your kindness and drive for fairness for others. I am full of gratitude and admiration for all you do here. I wish you were stood in front of me so I could hug you - thanks for everything x

 

Also gemspan and sillygirl, your examples both made me want to fight too x

 

I'm now going to have a bacon butty and a bucket of builders tea. :dance:

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Congratulations - Oakwood sound as bad as GMAC were with me - on one occasion in court the 'bright young things in shortish black skirts' were discussing very loudly their 'greatest unexpected successes in getting people evicted'. The Court Manager came in and gave them a telling off, pointing out that there were breakout rooms they could use, and that if they continued all their court cases for the month would be pulled. They looked like a bunch of schoolgirls caught smoking in the loos at breaktime! The Court Manager got a round of applause as well from people in the waiting area.

 

I think the days of legal bods waving bits of paper in judges faces is numbered - especially since they could very well be blank pages.

 

You really need to stick to the repayment plan as if you make one payment one day late they will have you back quicker than you realise, and they can do it without paperwork this time! Just because it is suspended does not mean you are completely in the clear, that only happens when the arrears are paid off.

 

Then you go and ask the judge to have the case closed properly so they can't come back at you at a later date with the same case no and paperwork, they would have to start from square one.

 

I can't work out why they think your financial situation is worse than you are representing, I would put in a formal complaint about that to the Solicitors Regulatory Authority and the Mortgage Code of Lenders (but Oakwood may not be members... in that case the FOS is your way of letting them know you are wise to their game).

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Well done :) now please relax for a few days before tackling the payday lenders (that will be easy after this) . Give your hubby a big hug and open a bottle of wine tonight:)

 

(told you it would be ok)

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This is just fantastic news. I agree that Ell-en is a light in an otherwise dark tunnel. When this happened to me I started to feel there was some hope when reading Ell-en's advice. She truly is a star and the advice is given so willingly with empathy. I hope you have a wonderful sleep tonight. It will be me again in a couple of weeks when I return to Court with Platform. I'll need your support then....absolutely delighted for you! xx

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  • 5 years later...

Hello all,

 

I faced eviction in 2012 and received amazing help here from Ell-enn and a few regs, the order was suspended (Oakwood Homeloans) but here I am back again with a query.

 

We have maintained the arrangement we made that day with no real problems.

The arrangement was an extra £100 pm in addition to normal monthly payment.

 

In that time we missed one payment at the end of last year as my husband had been off sick.

 

We sent sick notes and apart from the usual idiocy form Oakwood (refusing to communicate by letter only, delaying tactics yadda yadda) we got the agreement back in place without too much trouble.

 

Husband is a community nurse and up until recently we had a lease car for his job.

 

My Mum helped with the payments but she couldn't any longer so we faced getting a new car from scratch.

 

We went to a credit union saved the money we were paying for lease and this month bought a car.

 

Expense wise its worked out exactly the same as what we were previously paying so it's fine.

 

However the things like insurance deposit, car tax and such like put strain on finances (couple of other things but don't want this to go on and on) meant we couldn't pay the mortgage at end of October.

 

We contacted Oakwood straight way in advance told them everything, although at this point we were hoping to get a 'good condition' bonus on the lease car to pay it.

Didn't happen.

 

We did pay the £100 agreement just not the standard monthly amount of £450.00. They replied that unless we paid what we owed by 30/11 the agreement *may* have to be cancelled in which case they would need an updated IE form and three months bank statements.

 

Now,

whilst I am prepared to give them proof of everything that has contributed to this I am massively reluctant to give them bank statements as they did this last time and put us through hell making us ring back every week just for them to question every tiny transaction such as £10.00 at primark and the like even though these things were all fully costed on IE form.

 

What do you advise we do?

 

I'll send them edited bits of bank statements to show proof of IE or payment for car etc and anything else they want but they are such cowboys I am unsure how to proceed.

 

Our original arrears were about 5.5k and they are now just under 2k.

 

Other than this blip we are pretty stable financially moving forward

- we have cleared lots of minor debts since 2012.

 

Can anybody offer any advice?

 

In a nutshell

- Do they have a right to see our bank statements and can we refuse without jeopardising the suspended eviction order?

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Hi there, they don't have any right to see your bank statements - they will only want to scrutinise what you spend your money on - but you could give them a budget sheet showing your income and outgoings and copy wage slips ?

 

You should write to them stating what you have explained and enclosing the budget sheet and copy wage slips. If you need help with a letter please let me know and I can draft something for you. Keep everything in writing from now on and send by recorded delivery.

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All sorted - last minute 'good condition' bonus was paid so I brought agreement up to date. Felt sick at the memory of fighting eviction through courts again - I was poleaxed to see current cost of n244 is £255 (think we paid around £100 in 2012).

 

@ Ell-enn. Good to know for future. I would have been prepared and even understood 'scrutiny', would have given them proof of income/expenditure, proof of circumstances, wage slips, limited evidence from bank statements, but that's not what they did last time they had our bank statements. Hence reluctance. Hope all is well with you.

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