Oakwood Repossession Hearing

[nuke em]

The lender will most prob be granted a suspended possession for say 1 year ( this you would need to argue your case here and get the suspension time as little as possible) They will have to have a possession order because of the level of arrears ie it's over 2 months). However you can ask the judge for the arreas to be paid back over say 2 years, but you would then have to make the regular payments on the loan each month from now on .. The fact the it is on the market wont really help.... it would only be a factor to the judge if you had a buyer that had exchanged contracts prior to the hearing . that would it help. Providing you keep to the terms of the suspension for the length of the suspension you wont loos the property .... and of course you can continue to try & sell it in the meantime

 

is the any equity in it?

[ascint57]

 

is the any equity in it?

 

 

Yes it was originally our retirement home, but its decreasing daily, having gone down due to the recession and the mess the previous tenants made from 165k to 115k with about 60 k of equity at 115k

[ascint57]

OK, there's still time for them to send you something - if you haven't received anything by the day before the hearing we will amend your statement to reflect the fact that you have no information as to the true state of your account.

 

Kind Regards

 

Ell-enn

 

 

Ell-enn as predicted we received a letter in reply, this morning from Oakwoods solicitors.

The correspondence dated 9th October refers to the hearing and suggests quote " It is not too late to avoid your home being repossessed even if you are not in a position to pay the arrears in full"

 

It asks to complete the enclosed Income and Expenditure forms and our proposal of repayment plus the date of repayment, and how it will be paid, but it has to be returned 2 days before the hearing, which doesn't give me much time.

 

As you know I've been told by Oakwood they want the mortgage plus 80 ukp .

 

They have included a statement of the arrears the original GMAC mortgage, the transfer forms AND a letter dated 19th September to the 'Occupiers' of the cottage outlining their intention to start possession proceedings. My tenant has not seen the letter

[Ell-enn]

They want your defence before the hearing so they can instruct their representatives, it's up to you whether you send them what they want or wait to submit it to the judge.

 

I have quite a few meetings at work today, so won't be able to get back to you until this evening.

 

Kind Regards

 

Ell-enn

[ascint57]

If I'm reading your comment I'll wait, as they will have to use a local rep I presume, they being in Birmingham, their rep I'd guess from Wrexham

[Ell-enn]

Correct, you could always argue that you didn't get their letter in time to return the info two days before the hearing i.e. you would have to get it to them tomorrow as the hearing is Tuesday 21st

 

Ell

[lucky01]

sign-up & lets put the pressure on!

 

http://petitions.number10.gov.uk/savemyhome/

[ascint57]

There are 3 Appendices to affix to the statement:

 

Appendix 1 - new tenancy agreement

Appendix 2 - estate agent contract to sell property

Appendix 3 - correspondence with Oakwood

 

On each of the Appendices you need to write the Claim Number on the top left hand corner and the Appendix Number on the top right hand corner.

 

You will need 3 copies of everything to take on the day - 1 set for yourselves, one for the judge and one for the other side.

 

Any further questions, just shout.

 

Kind Regards

 

Ell-enn

 

Do I also need copies of the letters from Oakwood or their solicitors that I replied to ?

[Ell-enn]

 

I have confirmed our offer, already sent it and by recorded delivery some 3 weeks ago, well before the N24 was received When I asked Oakwood why they needed to get a judgement they said it was to ensure the agreement was met. We also sent them a copy of the for sale agreement from the estate agents and a copy of the new tenancy agreement.

 

this is what you need to send as Appendix 3 and also any reply they sent to you regarding your offer.

 

Ell

[ascint57]

I don't need to put in our replies to their other requests for information, or the two replies to their solicitors requests. It includes confirmations of conversations had that outlining what our ongoing problems were.

[Ell-enn]

Hi, you should include anything which you think proves you have kept them advised of your situation and anything which shows your offer of payment towards the arrears.

 

Ell

[ascint57]

Ok that all the above.

 

Thanks again you've been brilliant.

[Ell-enn]

No problem, any questions just shout:)

[ascint57]

Delivered the staement and evidence to the court this morning.

Then while I was waiting for them to open at 10.15 I noticed that part of their witness statement said our monthly payment is 27.13 qabove what it should be. Its a fixed interest mortgage until Jan 11th so the payments should always be the same.

I rand Oakwood this morning who admit they have received 2 payments so the witness statement is wrong there as they state we have not made any, and they don't know why the statement says the payment has increased as its a fixed interest mortgage until January.

The lady then said, just mention it to the judge and he will account for it in the arrangement. When I said but surely he might give you possession, she said no, we aren't looking for possession just an arrangement backed by the judges decision ?

[ascint57]

Well that was strange. Met the judge and the opposition lawyer, who seemed keen to help us rather than get a result, the judge agreed a 50 ukp payment on top of the mortgage, which was better than we'd hoped for. Problems were Judge agreed with me that their witness statement was incorrect and the payment due was some 27 less than they ahd advised. He also disagreed with the arrears figure, agreeing with me he couldn't work out how it came about and that it needed clarifying. Opposing solicitor had no idea, but the Judge didn't ask for written clarification but did comment in his notes.

So no doubt i'll see in the written statement, will I not

[Ell-enn]

Good result! well done, hope you can relax a bit now. You should receive a copy of the judge's order in the post very soon (by the end of the week I should think). Glad it went OK for you

 

Ell-enn

[ascint57]

Thanks for all your help, star person

[Ell-enn]

You're very welcome