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    • I don't want to interfere with the way that my site team colleague is going to advise you – but in the event that there is some liability, I think it's possible to separate the old liability – up to the time of the returned payment from the more recent liability. I don't think you've told us anything about the entire sum that they are claiming. I don't think you've told us anything about the sum which you originally paid and they returned to you. In respect of the first part – the sum that they returned to you, if they are trying to recover that now, I think you could usefully look at the doctrine of estoppel.
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    • Has the claimant served any documents on you as per the order of 2018 since mediation? 
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    • Hi @BankFodder
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
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Oakwood Homeloans posession order...


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Hi, I need some urgent info regarding my problem...

 

We've got a mortgage out with Oakwood and they have started posession proceedings against us.

I've had my own company for a number of years, but in Oct last year my work dried up. This year I've had to let the IR force a liquidation on it as I've had no work at all and I needed help. At the start of this year I contacted Oakwood and we agreed that we would pay only a 1/3 of the normal payments. We've kept up these payments all year even though I'm still out of work. We've also been in constant contact with them. In August I contacted them as usual to pay the monthly payment and also asked about reposession as we were getting a bit worried regarding this as the letters they kept sending out showed that we were nearly £11k behind now.

We've now been served with the posession order and we wanted to try and sort something out. The thing that really gets us is the fact that our mortgage deal runs out in Feb and we'd end up paying around exactly what we are doing at the moment... We also had a letter from them in Nov last year offering us a deal, where if we were to move the mortgage they would offer us a discount where they'd knock nearly £30k off the price of the mortgage owed and also not charge us for leaving the deal (nearly another £10k)...

 

Is there any help on offer out there regarding this at all?

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Have they already got a suspended order for possession on your home? From my experience with just getting over the same type of thing you will need to go in front of a judge first for them to actually get the possession order.

Ell will no doubt reply to you and she is amazing :) and will no doubt be able to offer heaps of help.

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No, they haven't we have to go to court for the first time on 30th Oct...At the moment we're trying to get them to agree to us going on the HMS scheme, so that we can continue to pay at the current rate until our deal runs out...

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Can I just clarify - you are on a high rate which was fixed - but soon your payment will reduce to an amount that you can afford?

 

Do you have anything else in the pipeline that will change either your income or expenditure?

 

Are you being charged any arrears fees?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I don't have the knowledge to provide a comprehensive answer to your issues but a good starting point would be to take a look at http://www.consumeractiongroup.co.uk/forum/repossessions/192983-liability-bills-after-mortgage.html> . the thread is entitled Liability for bills after Mortgage lender directly appointed receiver. Although the thread topic is on a different subject post 3 and 9 may be of help regarding the packaging/securitization of mortages and obtaining information to aid determining if the account has been securitized. Sending a Subject Access Request (SAR) by recorded delivery may also be of help. Post 9 offers a form of words on what to include with the Subject Access Request (SAR) which you should amend to suit your circumstances.

 

I have sent a private message (pm) to you.

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  • 2 weeks later...

We've had another letter from Wragg&co (solicitors) today. Giving us the witness statements. Also telling us its not too late to stop the repossession and to contact oakwood to give them a proposal.

The letter is a complete piece of c**p!!!

"Please complete the attached income and expenditure form" - What form, there isn't one attached...

On the witness statement the figure we borrowed is correct, but the outstanding balance is completely wrong its actually £85k less that the mortgage (we're on an interest only mortgage, so it should be the same as the figure we borrowed). The monthly installment is completely wrong as well. Again its about half of what our current monthly payments should be...

Then there's the arrears, well this is also incorrect by the tune of several thousand pounds...

In the last point of the statement it points out that we haven't provided them with the reasons for the arrears or of our financial circumstances (This really made my blood boil as we've told them from day one what the situation is and how much is coming into the household). It then goes on to say that telephone contact has been made with debt councillor engaged (the bloke turned up at the house, went through a couple of things with me and just said there isn't much I can do with you being out of work, then left). We've maintained contact with Oakwood all year, once or twice a month to be precise and we have all the times we called logged on our phone bills...

A copy of the mortgage deed has been enclosed, its a copy of a copy. Oakwood don't even own the deed, it's owned by a company called 'Money Partners'

 

I'm sorry for the long winded-ness of the post, but is there anything that we can take into court from all this to help us out at all?

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Yes, the copy of the copy from Money Partners, as they are the actual owners of the mortgage, and Oakwood are an administration company. As all the figures are wrong you need to write it down in this manner

 

Fig no 1 - agree or disagree - give reasons why you disagree....

Fig no 2 - etc etc etc

 

and that will be a start of the defence - I assume you have entered a defence?

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  • 2 weeks later...
Yes, the copy of the copy from Money Partners, as they are the actual owners of the mortgage, and Oakwood are an administration company. As all the figures are wrong you need to write it down in this manner

 

Fig no 1 - agree or disagree - give reasons why you disagree....

Fig no 2 - etc etc etc

 

and that will be a start of the defence - I assume you have entered a defence?

 

If Money Partners are the actual owners of the deed, shouldn't it actually be them doing the reposession and not Oakwood? Or at least there should be some sort of information to state that Oakwood are acting on behalf of Money Partners... Also a copy of a copy does not prove that Oakwood or Money Partners actually have the original document. Don't they have to prove this in court?

 

Unfortunately in the court documents I haven't been able to enter a defence as you have stated due to the fact that the witness statement arrived well after the court documents were received and sent back. They also didn't have any figures within the original court documents...

 

We have got our court appointment tomorrow afternoon, so if anyone can give us any information as what to do now it would be much appriecated...

 

Thanks

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gray1509

hello have come from another thread as someone has a similar problem was wondering how you got on with your court appointment?If it went badly nowhere near the end of the road yet.

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