Me V Oakwood Homeloans Limited

[Ell-enn]

No problem Ronnie, you need to take the paperwork to the court asap though (if you can't take it in person, send by registered post!) - and remember to take a copy for yourself.

 

We can then do an up to date statement to hand to the judge at the hearing, so you will have another week or so to gather any other information you want the court to consider.

 

Ell-enn

[ronnie11]

Is it worth bringing the £50 per month charges that Oakwood to court attention at this time or for statement on day in court?

I've been going through letters from Oakwwod as well (with additional notes when I've phoned them)

*involving members of the team unable to assit with my query regarding mortgage account as didn't have knowlege of account or who dealing with it.

*Member of staff asking me if I'd been to court (back at end of May this year) when I hadn't even had any paperowrk off them regarding a possession

*Staff refusing to put me through to Team Manager even though letter addressed from them and asked to respond......ended up with memeber of staff putting phone down on me.

* Same member of staff asking if I was going to set up an account and then asking me if I was calling to make a payment (when I had a letter saying payment plan not maintained )......but I drew to his attention that payment plan was being maintained and he confirmed he could see payments made.

*When member of staff hung up on me I called back and and again requested to be put through to Team Manager ....was advised they would call Team Manager to call me back ......they never did.

*Letter of 31st May states 'unless the arrangement established is brought up to date within next 7 days our solicitors will be instructed to commence proceedings for possession of the mortgaged property without further notice'.....................this letter was recieved 3 weeks later on 17/6/08.Date letter originally issued was 31st May so unable to respond in the '7 day period' indicated in letter.

*Claimant ignoring detail on court paperwork of my request to port over mortgage to another property and also point of trying to sell property which would remove indebtedness to them.

*Other unwarranted charges for a failed DD (£30 pleasure of)

*A phone call to Claimaint in April 2008 to address arrears and set up a payment plan ..................they wouldn't accept a payment plan unless I brought arrears immediately down to £1400 .....which would have meant a payment of £1027.99. (totally unreasonable) Oakwood saying they weren't able to agree 'mutally acceptable arrangement' unless done so. This is the point when husbands car needed over £650 + work to get it through MOT and allow him to atleast to carry on with assisting in paying of other bills leaving me to cover mortgage.Also when water flooding into bathroom (over electrics and damaged walls - plasterwork)...................serious hazard to even turn a light on!

*Redemption charges of £120.00 plus Early Repayment charges £6k (total £6120) now stopping me from selling plus all additional charges Oakwood keep adding every month!! Solicitors fee £100 Court Fee £40.00 added to my account.

* Letter of 1st July says account in arrears of £2276.02 yet paperwork submitted to court says as of 6th August 2008 arrears is now £4626 (an additional £2349.98).............??? how?

Also in their court payment history they list arrears of 1st July as £3901.04 yet my letter direct from their Credit Management Dept dated same 1st July is the figure of £2276.02 (so difference of £1625.02) ..........what the hell is going on with them. Which figure is to be believed?

 

I think my brain's about to overload!!

[ronnie11]

Something else sprang to mind for statment to court is that Oakwood Homeloans categorically state they only undertake payment plans that cover a maximum of 12 months and no more!!!

[Ell-enn]

Hi Ronnie, the main thing is to get your defence form in. We can put a lot of your other issues into the statement for court. As for Oakwood only giving 12 months to repay arrears - let the judge decide that based on the Norgan case!

 

Ell-enn

[ronnie11]

Just one final question before I go and submit paperwork today....Q6. Do you intend to apply to the court for an order changing the terms of your loan areement?

 

What do I need to put there?

[Ell-enn]

Hi Ronnie, the answer to Q.6 is NO.

 

Ell-enn

[ronnie11]

Thanks for that Ell-enn.................I finish work at 3 today so then straight off to court to serve my defence (and copy for Claimant and my copy).Fingers crossed for 12/09.

[ronnie11]

I received the Witness Statement off Oakwood last week and have the hearing is this Friday at 12pm. What's the best way for me to approach and submit my statement?

[ronnie11]

Hi Ell-enn,

I've tried to draft my witness statement (I think that's the correct term for it). Would you be able to advise me on it if I send it to you............and let me know your thoughts? I've been working from similar threads and using them as guidance but I want to make sure its correct or if you could advice me of anything I need to add?

 

Thanks

Ronnie

[Ell-enn]

Hi Ronnie,

 

you can send your statement to me at

[email protected]

 

I'll happily have a look at it for you.

 

Kind Regards

 

Ell-enn

[ronnie11]

Thanks for the Ell-enn.

 

I've printed that sheet out but then I had a sudden thought I've got an income/expenditure sheet from CCCS (Consumer Credit Counselling Services) as have a debt management plan in place set up and monitored/reviewed regularly by them and amended as and when necessary. Can I submit that one as proof of budget etc?

 

Thanks for all your help.

 

Ronnie

 

P.S. I feel in a bit of a daze about tm and just trying to get through each day till hearing tm.

[ronnie11]

Well quick update after hearing on Friday last week.

 

The Judge ajourned it for a further 35 days to allow both parties to address discrepancies in payments made / payment history from Oakwood and also resolve dispute over what amount of arrears there really are (as figures don't correspond). Judge also said he would prefer/hope after those 35 days if the 2 parties discussed the matter outside bfeore attending the court room. I did bring it to Judges attention that I had made offer on 2 occassions of payment plan to Oakwood but that they had rejected both and advised me they would only allow a payment plan over 12 months. Judge advised both parties this would be discussed if came to court again.

He also thanked me (you Ell-enn) for citing case of Norgan and said 'I'm sure the Claimant is very aware of the case and its judgement'.

 

So there we are at the moment .................me compiling my payment history to them since start of mortgage (along with proof of DD's/cheques stubs etc). to be served at court and on Claimant by Friday 26th Sept.Then they have 2 weeks to respond and a further 10 days for both parties to review etc and potentially return to court.

[cat100]

Well done, nearly there.

[Bona]

Can I make a suggestion put your offer in again as everytime you go to court it costs you they will put the solicitors charges on you statement but if the Judge sees that you have tried he may make an order for no costs or reduce them

[MaxMark]

Hi ! am very sorry to here this. I was also sold off by kensington to oakwood and the latter have given me hell for the last 2 and half years. They will suck you dry, unless if you can remortgage immediatley, and you dont have any redeemption fee charge. The courts don't consider unreasonable charges and Oakwood's [problem] insurance.

Glaxy radio has an ecomonic program were solicitors give proper advice on how to fight back. Although i struggledcpaying them they still pushed for a repossession. They are very very aggressive and unfriendly. But now I have refused to continue paying, because Oakwood is only after repossession. I told them that if they want me to pay, they should lift the repossession, otherwise they are not getting a penny any more, and i will give them hell for them too!

[ronnie11]

Great news all.....................went to court again yesterday. Oakwood were looking to repossess in 28 days (that's kind of them isn't it.....turf us all out just before christmas) they also advised me before going into court that they would request an appeal should it be required.

Well english justice system paid off.................Judge was totally unimpressed with Oakwood and refused possesion order and then followed it up with 'appeal denied....stop wasting my time'. He stressed to Oakwood solicitor he'd love to have the press in with such cases as he's so fed up with all the mortgage companies going straight for a possession order rather than seeking to help their customers.

 

What a fanatstic day..................oh forgot to mention Judge even reduced the payments that I had been paying and continued to offer to pay ....so better off by £35 per month as well.

 

I'm going to celebrate .........Oakwood go to hell!!!

 

Thanks everyone for support /guidance...........................

[biddy65]

well done you,its about time somebody put a stop to these firms!

[tonycee]

Fantastic result.

 

Im really pleased for you.

[Ell-enn]

Brilliant Ronnie - well done!

 

Ell-enn

[Bona]

Great news

[iconoclash]

Hi - glad you got a good result. I was going to add that the lender cannot dictate the length of terms re payments - see the Norgen case where the instalments were set to cover the remainder of the term of the mortgage.

While I'm here:can anyone help me with the tarrif of charges from GMAC 2004 - I beleive they are the same as 2002 tariff but can't confirm. My mortg. was also sold to Oakwood who are in repo action against us - alas the judge in my case has allowed multi track and is set for February. Currently trying to sort out disclosures etc but they want payment terms now. They also state that the penalties argument (£50 p. mth arrears fees) are "in a higher court" and therefore we cannot contest them.!! I think this is wrong as they are talking surely about the OFT case which is re banks isnt it? Any help much appreciated.

[k7rks01]

Hello all, First time poster but would like to let you all know that there is light at the end of the tunnel.

Received my refinance initiative letter from Oakwood in December and thought that I would take them up on the offer if I could get a re-mortgage. Last year fell into £6500 arrears but managed to pay back the arrears by overpaying by £1000 a month on top of my monthly DD of £1490. Was stretched to say the least but all was up to date by September. When the letter popped through the letterbox I thought they were kidding until I phoned them up and realized that they were serious. They were offering to waive the early repayment charge of £13,000 and discount 15% of my mortgage from £202,000 to £170,000. Wow. On the letter it says to phone a company called Think Pink. Phoned them and spoke to a Chris Marsh. Went through my story with him and he told me he would research and get back to me. 3 days later had a phone call from Chris to say that because of the arrears no-one would lend but keep going and pay 6 complete months and phone him back. 6 months passed and I phoned Oakwood to see if the initiative was ongoing to be told all letters were open to the end of May. Phoned Chris back and he done his research again and he came back to me. The only lender he could find was a Melton Mobray but that they were unwilling to lend because of a £10,000 secured loan on the property. Also they would only lend a maximum of 146,700. He had taken it upon himself to phone Oakwood for a further discount to cover the loan and the mortgage shortfall. They had agreed!!! He phoned me back and had to explain everything twice to me. I could not believe it. A mortgage including ERC of £215,000 reduced to £136,700, and the £10,000 secured loan makes a new mortgage of £146,700. This angel is saving me over £700 a month and reduced my mortgage by 34%. I cannot recommened Think Pink anymore highly than this.

[yardman]

i too have a mortgage with oakland home loans,and also having the same probs.e.g home insurance,and trying to send a financial advisor to my house-at my expense.in jan 09 i lost my job so started to claim j.s.a.also at the same time i applied for help towards the mortgage interest payments.i nformed oakwood of my financial problems,at this point my arrears were around £1500 so i asked them if they would capitalise the arrears or a payment hols or any other help they could offer.they offered to capitalise the arrears but no other help.they bought down my mortgage monthly payments to £450-until april by which time the m.i.p from the dhss should start.i told them £450 is unrealistic amount to pay as i only recieve £60 a week in benefits (they already had my financial expenditure form)as the months went by i kept them informed about my position with the m.i.p. i could not pay the £450 but was paying them regulary what i could.i then recieved a letter in may about the arrears,i wrote back to them asking for help regarding my arrears,they said the letter would be sent to head office for them to decide.i rang back around 2 weeks later to find out what the outcome was,i was told the letter had not reached head office yet and she said they could not consider any of my arrangements for help.i said why are you making the decision and not your head office?i asked her to write me a letter about what she had just told me.she refused.i asked her for the name of the m.d and add of the head office, she again refused.i then recieved a letter on the 6th of june from optima legal telling me that a possession claim had been started on my house and my court date is on the 6th july.i rang oakwood homes on monday regarding the court letter,i was told its because of the arrears that have built up (£5000).i said you have a letter from me regarding the arrears and i have been waiting for a response.she said i cant get any help or cant have the £50 monthly charge dropped.i said i have not recieved a letter about the decision,she said the head office made the decision on the 4th.the letter was dated the 5th.the mortgage interest payments started on the 1st of june,which they were fully aware of from myself and the dhss.i have to pay £45 a month to make up the mortgage payments.-this was all previously arranged.i told them i will try to pay £100 a month towards the arrears and also pay a lump sum of £500 by the end of the week.she said she would put the proposal through to head office and get back to me within 7 days.please help!!!

[Ell-enn]

The Mortgage Arrears Pre-action Protocols introduced by the government last year state that lenders should not instigate possession proceedings where they have been informed that their customer is awaiting receipt of DWP mortgage interest payments.

 

You need to write to Oakwood and Optima advising them of this. If you need help with the letter let me know and I'll draft one for you.

 

Ell-enn

[yardman]

hi Ell-enn,i wanted to pay oakwood homes £500.00 on credit card,they refuse this method of payment,wanted me to pay with debit card or pay cash into they account,i have not done so.also could help me draft a letter to oakwood home and to optima please.