Me V Oakwood Homeloans Limited

[Ell-enn]

OK, that's fine. Just change the wording in the statment.

[yardman]

hi i took the papers to the court this afternoon.

[Ell-enn]

That's good. Make any payment you can before the hearing so you can show the court your commitment to pay.

 

You should arrive at the court in plenty of time. If there are any free legal representatives there, approach them and ask for their advice. They can accompany you into the hearing if you wish. Sometimes the representative for the other side will ask to speak to you, it is up to you whether you do or not (but don't give anything away or agree to anything with them) and if you feel intimidated at any time, just end the conversation by saying you would rather wait for the judge to decide.

The hearing will take place in a private room with just the judge, you and a representative from the other side. It is usually conducted around a table, like a meeting. The public are not admitted. The judge will know that you are nervous and they are usually very good at guiding you through the process. If you have to address the judge it should be Sir or Madam – As the mortgage company are bringing the action the judge will speak to them first - don't interrupt them! the judge will then speak to you and may ask a few questions. He/she will then give the order. The whole procedure should take no more than 5 or 10 minutes.

 

 

I'm sure it will be OK - just stay positive

 

 

Ell

[yardman]

thanks so much for your help and advice,i will keep you informed.

[Ell-enn]

If you need any support or have any questions before the hearing just ask:)

[yardman]

ok, thank you again so much.

[iconoclash]

Yardman good luck with your case coming up soon

 

Ell-en - something Ive been thinking about: the claimant cannot get a possession order based on fees and charges, only based on arrears of the payment due - dont think there's ever been a case so does this mean there is some scope in the argument re what amounts of what exactly are being taken into court by the claimant??

[Ell-enn]

You should always question the arrears figure stated by the lender. Often they will include arrears monthly charges so as to make the figure larger and look worse in court.

 

It's always a good idea to ask for a detailed statement of your account so you can see what is missed payments and what is charges.

[Preuss]

Hi everyone,

Actually I even do not know where to start...

My husband lost his job in Feb this year and we fell in arrears with our mortgage payments - more than 6K at the moment. As you can already suspect account was passed to solicitors on the 7th June and we got already a court date 22 Jul 09.... Having in addition Welcome Finance and RCIFS, I can say this is the biggest nightmare I ever was in.

 

I would really appreciate any kind of indication how to proceed, my brain at the moment is kind of frozen and I canno't see the light at the end of a tunnel...

 

totaly devastated...

Preuss

[Ell-enn]

Hi Preuss, can you start your own thread in the Repossessions Forum so your case doesn't get lost in this thread. We can then advise you what the best course of action is.

 

Please don't despair - you will get all the support and help you need on CAG - many,manay other people are in (or have been in) the same position as you and can share their experiences or offer help.

[Preuss]

Thanks Ell-enn,

 

Started a new thread as you suggested

http://www.consumeractiongroup.co.uk/forum/repossessions/207202-me-my-mortgage-ybs.html

 

It is really difficult to come up with some reasonable action plan when there is no experience at all and all my mind is in a complete turmoil...

more I read more confused I become. Probably all that reading should be done in some kind of order that I am not aware off.

[yardman]

hi i been to court today,possession order,arrears by oakwood.got to court a bit early to get legal advice.i spoke to a man from the C.A.B.,we spoke for about 5 mins and we agreed to offer £65 per month,he then called oakwoods brief in the room,we offer to pay the £65 per month over 5 years,oakwoods brief said he would have to ring them,he came back in room saying they would want over 4 years and that they want the case to go in front of the judge.we then went back to the waiting room,i turn to the oakwood brief and pointed out to him mortgage arrears protocal,he turn to me and told me to go and tell this to the C.A.B. man, i then point out the test case law cheltenham and gloucester v norgan,this got his back up,he tells me its only in extreme cases and that i must go and talk to the C.A.B. before i move to another seat i ask him what is this 28 day thing,he say oakwood is asking the court to kick me out in 28 days.this got me cross.well when i went in the court room the C.A.B. man put my case forward ,i then said to the judge that i have rang oakwood written to them and keep them upto date with my situation,however oakwood have not return my calls or responded to my letters,the judge then says to me that its not the first time he has heard this about oakwood,he turns to oakwood brief and tells him oakwood is out of order for taking me to court,he then says the order is suspended and i should pay £50 instead of £65,oakwood brief then ask the judge to put some thing on the house the judge says no,oakwood man hangs his head in shame.it was a good result,thank you again so much for your help again will be donating money to your site.when i get court papers will let you know.

[yardman]

p.s my mortgage interest rate has just gone down so at the moment d.w.p are paying the whole monthly payment,i dont know if d.w.p will alter their payments so i will still have to contribute like before.also as i said in my previous post i am going to start paying 50 per month,but as i am getting charged 50 a month how will this help and reduce my arrears?

[iconoclash]

Hi - well done - so the CAB are better than community law solicitors by far!!

[Ell-enn]

Hi Yardman, Great News - well done for standing up for yourself!

 

The £50 you are being charged for being in arrears is added to the outstanding mortgage amount, so the £50 you are paying each month will reduce the arrears.

[yardman]

hi Ell-enn, i recieved a summary of charges dated first of july,showing oakwood has added £100 onto my account on the 4th june for solicitors fees presumably for my court case on the 6th july.can they do this?also i havnt scrutinised it yet but i think my arrears figure is wrong-it looks like the £50 monthly arrears charges are being added to the arrears acc not the mortgage,nor have they said it would go onto the mortgage!also since my court case i have had no papers regarding the outcome,should i apply for these through the court to keep for my records?

[Ell-enn]

Hi Yardman, it can sometimes take up to 2 weeks for the court to send the order that was made by the judge so wait a bit longer before ringing them.

 

Just keep paying the £50 the judge ordered it will have to come off your arrears, they can't add the charges on to the arrears.

 

Next step is to write a letter of complaint about the charges if you get no response or they do not investigate your complaint properly you can then go to the FOS for them to take your case up.

 

Ell

[yardman]

ok thanks so much for your expertise.

[Ell-enn]

If you need help with a letter, just shout

[iconoclash]

hi Ell-enn, i recieved a summary of charges dated first of july,showing oakwood has added £100 onto my account on the 4th june for solicitors fees presumably for my court case on the 6th july.can they do this?also i havnt scrutinised it yet but i think my arrears figure is wrong-it looks like the £50 monthly arrears charges are being added to the arrears acc not the mortgage,nor have they said it would go onto the mortgage!also since my court case i have had no papers regarding the outcome,should i apply for these through the court to keep for my records?

Hi - if your terms are the same as mine then the expenses bit and third parties (have a read) means that they should notify you and they should be paid by them and shown as such before as it talks about costs theyve incurred etc - Ive had the same trouble with this company and they are still adding legals costs after the judgement was made and set for costs in court! they are trying everything to get it back to court by the looks of things so I recommend you keep a record of everything - they are not allowed to do these things but it doesnt stop them - monies added to the mortgage balance also means that interst in calculated on that too - I'm not sure they're allowed to do this but know that some of these sub primers do the calcs to suit themselves only and trying to find out what theyre doing exactly is like trying to get blood out of a stone!

[yardman]

hi campari2,thanks for your advice,its really helpful to be able to communicate with someone who knows what im going through.i am going to ask oakwood for a simple breakdown of all transactions and charges,then go through it with a fine tooth comb,because the letters they have been sending me have different arrears totals,its so frustrating.

[yardman]

hi Ell-en,it would be really helpful if you could help me with the letter for solicitors fees.thanks.

[MrMcDonnell]

Hey

 

I hope everything has been working out for you.

 

I myself have been trying to deal with OHL for so long now I have become quite a master.

Mortgages can be deemed as contracts, they therefore come under contract law. NO mortgage lender in the WORLD has the money before you sign into the agreement. I shall not go into this with detail as i don't have to....i have researched it and found BEYOND a DOUBT that this is the case. You only have to ask the question 'if all banks gave their money out for loans then would they not end up broke?' Yes indeed they would. This is why they break the law by not submitting to 'legal consideration' and therefore the 'contract' is null and void. Dig deep my friends and DO NOT be put off by the ignorant mortgage brokers, lawyers and so forth doing their utmost to protect their salaries.

 

As i said, i have been dealing with OHL for over two years on this issue. To date - they have not received a single payment from me NOT ONE! - they always back out of the court case last minute - and they have never provided me with an answer to the legal consideration aspect of my contract which i have proven is NON-EXISTENT.

 

Lots of people come out with all kinds of rubbish trying to belittle my postition, which is fine and up to them. Let them carry on paying for an illegal contract. I haven't and will not and still i have a house and life continues all the same.

 

If you are serious about wanting more information with regards to what i have said then i am more than willing to accept emails to [email protected], also i don't mind people trying to tell me i am wrong, it makes for an interesting day!!

The one thing is this - if you do not know the truth, then it is only an opinion - an opinion is what someone has when they DO NOT know the truth

 

Good luck to all of you who deal with such ar*eholes as OHL

 

Love & Peace

 

C.

[iconoclash]

Hi C - interesting - I am still dealing with OHL and currently trying to get the FSA to explain why a GMAC contract that was sold to them does not merit the same rules re their fines of GMAC and refund of charges etc - I have asked Working Lunch/BBC to look a this too in their friday programme but doubt they will. I have still not had all legal fees reduced to what the judge actually set and they have further excuses for this - they also refuse to remove the suspended repo order despite there being NO arrears - so - any assistance you can offer in how to deal with these characters would be great

[MrMcDonnell]

Hi Campari

 

They are absolute muppets are they not? Just about every case i hear about with OHL, they fail to act on what the judge actually sets out, which leaves you in a strong position as long as you keep all records, also they ALWAYS fail to follow the correct protocols (which you can find online) for repos'.

Hit them with the fact that GMAC failed to offer any 'legal conisderation' (EVEN better that it was an American company as their financial system is more open to private viewing) which is the same deal i went through, and they normally back out of it before it actually gets to court!

I have been waiting for over two years now as i said and STILL they won't meet me in court.....ggrrrrrr and i REALLY want to as i am armed to the teeth!!! buggers haha

I have just been trying to call the London Director of OHL, who not surprisingly, does not wish to talk to me directly on this issue. Also Gordon Browns office AND David Camerons office will not talk to me on this issue at all..... no comment whatsoever!!

The FSA are no good as they do not know or do not wish to know the meaning of 'legal consideration'.

 

 

For any sceptics to what i say out there, I have just received FULL backing of a recently retired High Court Judge. Who agrees that if i can prove that the money is created after the signing, then the contract is in fact null and void. Unfortunatley for me and the papers he will not allow me to disclose his name to the public for obvious reasons.

The papers won't print the story and neither will the mass media, check out who owns them ALL and you will quickly see why!!

 

*sigh* It's just us lot now on our tod! So let's carry the fight to them for once

 

Love & peace

 

C.