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

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We have an eviction notice served by Oakwood Homeloans due 01/10/12.

 

After a horrific few months financially,

we are able to pay the mortgage and a sum towards the arrears comfortably

and sent the requested wage slips/bank statements/budget sheet by email some weeks ago.

 

We rang up to check if they had been rec'd and they said they couldn't be actioned via email (contradictory to what we had been told).

 

on 31/08/12 my husband faxed the documents, but on Saturday morning we rec'd an eviction notice.

 

We had to wait till Monday to call which we duly did.

 

They advised us to send the docs again :/ by special delivery which we did.

 

They rec'd them on 04/09/12 last week.

 

We have rung every single day and still no decision.

 

Husband rang them before and they told us to ring back 12/09/12.

 

I feel ill with worry that all this is eating into our time if they do go for eviction,

and we are totally at their mercy and now nearly 10 days later we haven't so much as sought advice or lodged a N244 .

 

Can anyone tell me if they refuse to ok our proposals and we have to try to seek a suspension will this delay go in our favour?

 

At first we thought it was a tactic to either frighten us or because they were trying to get a field agent to discuss matters with us (we didn't answer the door and texted him to say we were negotiating direct with the lender so not to call again)

 

Most of the staff we have spoke to have been polite and reasonable and have stated they do all they can to avoid eviction,

and if we can make payments going forward it should be ok.

 

Yet last week we spoke to one staff member who went through our bank statement saying things like

' well, there are a few transactions for bargain booze

(this is our corner shop, neither my husband or I even drink, she wouldn't believe that it sold out of hours grocery items!),

she complained I'd spent money in primark

( summer t shirts and shorts for my kids)

all of which has been stated as outgoing on our expenditure form anyway!

 

I feel really alarmed and pessimistic about all this but we are being held in limbo

- can anyone advise if we should be doing something else other than just sitting and waiting?

They have said it's because they have a number of other cases too but they have never,

ever taken this long to deal with things in the past.

 

ps - we also made a payment against the arrears to the sum of what we have offered which they took over the phone last week.

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This is exactly why people shouldn't send their bank statements :( you should only show them if a judge orders you to. You are quite right in thinking that they keep delaying to make you nervous - I have seen this so often over the years.

 

You should send them an email stating that you have prepared an N244 application and will be taking it to court tomorrow wherein you will be reporting to the judge that you have been kept waiting for almost 2 weeks for a decision on your offer of payment. State that the situation is becoming untenable and you are extremely stressed. You therefore need their response no later than 12 noon tomorrow. Mark it URGENT.

 

In the meantime I can help you with preparing an N244 should you need to use it, just let me know. You have plenty of time to enter an N244 so try not to worry too much.

 

How much are the arrears?


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Hi Ell-enn , thanks for your prompt reply.

 

The arrears are in total about £4500.

 

Grim I know :( I had no idea about the bank statements, feel really angry now, it was horrendous, made us feel like all hope was lost.

 

I will do exactly what you said right now!

 

Thanks for the offer of help, I will have a look at the form and go from there.

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Hi - I have affixed the form for you :)

 

You will need to fill in a budget sheet to go with the N244 so the judge can see how you will afford the payments going forward - I have affixed the one we normally use in these cases (it calculated automatically as you fill it in). Once yo have done that you will be able to see how much you can realistically afford to pay.

 

 

How much is your normal monthly payment and how much have you offered towards the arrears each month?

n244_0400[1].pdf

Budget Sheet.xls


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Thank you.

 

Well one thing I do have already is a budget sheet!

 

We truly have been realistic, that is why I was so angry at hter attitude because we had clearly played it totally straight and honest.

 

Our Mortgage is £550 pm and in addition the offer towards arrears is £100.

 

It's pretty much been this way since 2008 and the original suspended repossession order.

 

Essentially only £50 goes towards the deficit.

 

We can and have paid regularly but have been vulnerable on occasion when the unexpected happens as we have no financial scope to deal with (big) emergencies.

 

However, finally this will change after Christmas when I can finally return to the workplace, we were hoping that fact would also go in our favour :roll:

 

This is in addition to sorting out the other problems and being back on track with clear proof of being able to pay both mort and arrears.

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Like many on here, I too have experienced the endless delays created by a lender with a suspended possession order.

 

They hold all the cards, that is the problem.

 

I think it is absolutely disgusting that mortgage companies, when contemplating taking away someone's home, cannot even employ some decent sympathetic staff to deal with these issues as an absolute priority.

 

In my own case I was bandied back and forth between Accord and their solicitors and could not get an answer from either since each said I would have to ask the other.

 

It makes you want to scream at these people. Not one person was prepared to put themselves in my shoes and take ownership of the problem.

 

I hope they never find themselves, though no fault of their own, at risk of losing their home. If they do, maybe their utter indifference to the impact they have on people's lives might actually become a little more real.

 

Good luck with your situation, you are in good hands with El-enn.

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Many thanks 'BornThisWay'. I hope your situation is now resolved, and I agree. The cavalier attitude is pretty unacceptable. We have each phone call implored with them to consider the distress and worry their delay is causing us, but we just get a generic 'we appreciate that'....as you say..they quite obviously don't.

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Hi - I need further advice urgently : (

 

1. How long does it take to get a hearing once a N244 is submitted to the court? Since last Wed despite saying we were going to submit the form as Ell -enn suggested Oakwood have strung us along appalling (right now £40 is a big deal to us, so foolishly we believed them). They then said there would be a final decision today but now they need to see the form of the new agreement with the council tax ( I am now 100% certain this is malicious action on behalf on Oakwoood as we could have got this from the council weeks ago when the agreement was reached) we now have to wait for this to arrive from them and then send this to Oakwood wait fort a decision when I'm sure they will conjure up yet another thing they need to see.

 

2. We have payday loans that we need to make an agreement with, I read all the advice on this forum as to what to do but didn't want to inform them till this months mortgage was paid - I felt terrified of jepordising the money not being there for the mortgage so the plan was to pay mortgage then cancel debit card, contact them to arrange an agreement. Sods law Oakwood now want some proof of this 'agreement' that as yet doesn't exist.

 

I am going wild with anxiety now and I think Oakwood are attempting to string this along till the 27th and payday to ensure they get the payment as promised. It's clear we can pay with no problems ( truly we can!) However this is totally untenable for us as the eviction date is 1/10 so leaves us no time whatsoever.I am getting truly scared as my husband has a rare form of blood cancer and due to all this he totally forgot about his check up at the hospital last week, he is now ill with a cold and raging temperature, people won't speak to me as most debts are in his name (apart from the mortgage) so I don't know what to do to get these firms to take this seriously - no one seems to think it's urgent yet we are two weeks away from having no home.

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Hi there, obviously the sensible thing to do would be to put in an N244 application to the court if you do it tomorrow, you should get a hearing either at the end of this week or beginning of next week. I can help you with your defence statement to go with the form. It appears utterly useless to try and get Oakwood to hurry - they actually don't care, it's not their nerves that are shattered! We can advise the court how you have been kept hanging on for an answer which has added to your distress !

 

Can you fill in the budget sheet I posted earlier (it calculates automatically as you fill it in), it's the one Nationaldebtline and CAB use, so the courts are used to it. We can then start to formulate the info for the defence statement.

 

I'll need some further information from you before I can complete the statement.

 

Do you have proof of the payment you made recently - which includes the amount towards the arrears you have offered?

What date do you expect to make the next payment?

What date are the payday loans due to come out ? how much are they and who are they with ?


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Hi Ell -enn.

 

Right, to answer your queries -

 

1. That budget sheet - I don't have MS word only MS works so I can't input the data? I did try last week. We have submitted a budget sheet to oakwood would that suffice?

2. Proof of payment - well it is showing on my online bank statement as a £100 debit to Oakwood, but the paper statement for this month isn't due yet but I suppose an online printout would do perhaps?

3. The next mortgage payment is actually due 28/09/12 - but we were going to pay it with our card on the 27th along with the arrears offer.

4. Payday loans are due out on the 28th also. One with Wonga for £650 and one with One Month Loan for £350

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1. Depends how in depth your budget sheet is. The budget sheet I affixed is in Excel not Word. If you download Open Office (free), that will open it in Open Office calc and allow you to enter figures.

 

2. An online print out would do fine - was it just the £100 you paid or was it the monthly payment + £100.

 

3. Good idea to pay it a day early - you can get an online print out of that too.

 

4. Is that the roll-over amount of the pay day loans or the whole loan amount due ?


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1. Ah - I do have open office.

 

2. No it wasn't the normal monthly payment it was towards the arrears. We told them we wanted to make a goodwill payment (I'm not sure that's the right term, but I'm sure you know what I mean) They said it would go in our favour so we paid this over the phone on 05/09.

3. I don't know what you mean by getting an online print for this?

4. Again, sorry for being dense Ell -enn but 'roll over' amount? That's the sum total of what we borrowed minus the interest. Apparently, we can't actually make an agreement until we default which we won't do until 28/09...

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3. I mean a print out from your online bank statement to show the payment made on 27th to Oakwood.

4. You will need to ensure you have no money in your bank account at all on the date the payment is due otherwise they will take whatever they can get. Do you have another bank account you can keep your money in?


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3. We haven't made the payment yet? Do you mean to show the judge? Won't the hearing be before then? I'm really sorry Ell -enn I'm confused. Our mortgage isn't due till 28/09 we were going to pay it one day early as that is when we get paid this month on the 27th.

4. Eeek : ( All our direct debits are with this current account if we withdraw all our money omg..all the arrangements we have made this month will have to be cancelled before they start - we thought just cancelling the cards would be enough - is that not right?

 

Thanks for your help so far btw, we are grateful.

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Who do you bank with?

 

Apologies for the confusion - I understand now that you won't be making the payment until the 28th.


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Santander.

 

I've just been reading all about emptying your bank account...because they can still get your money. The only other account we have is also a santander account. Feel sick - seems so insurmountable.

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What date does your money go into the bank account? If you ring the Co-operative Banking and ask for a Cashminder basic account they will set it up straight away and you will get the account number in the post in a couple of days - you get a Visa debit card and the account has direct debit and standing order facilities together with internet banking. Don't worry about not having a good credit record as long as you answer their questions truthfully you will get the account opened - one of my colleagues at work did it over the phone in his tea break and he had CCJ's.


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please bear with me if I'm more than usually garbled

- I didn't go to bed last night, spent it trawling through this forum : (

 

Spoke to oakwood this morning.

Told them couldn't provide an actual payment agreement for pdl's as not actually in default yet.

 

They told us to fax council tax agreement which husband is now picking up and getting faxed in the library as the council can't email or fax to third parties (wth?)

 

Have given up on them finally but are doing this to show we have complied with everything.

 

now to the budget sheet and n244 can I ask some Q's before I begin it?

 

The earliest date we can get is Tuesday which is making me quake it's so close.

 

Feel furious to have wasted so much time trusting oakwood never mind trying to think of alternative accommodation if things go against us.

 

1. Some things have changed from the budget sheet submitted to Oakwood.

Have re negotiated telephone/internet and have also decided to default on a loan (pounds to pocket - same pdl scenario type thing) this frees up another £200 per month.

 

Will this difference of facts matter? Again we can't negotiate until we default though - so what proof can we offer the judge : (

 

2. What other docs do we need to submit as well the budget sheet and n244?

 

For instance proof of attachment of earnings and child tax credit reduction that caused the whole problem?

 

3. Do we have to pick up the actual form from the court or can we do it online and print it out?

 

4. Even if the judge goes against us would he allow us more time given how much we have been strung along by Oakwood?

 

We may in the direst of circumstances be able to borrow from a parent but it's one with whom there has been no contact for >10years so it's in no way certain.

 

5. How will we be able to arrange accommodation and removals in the space of 5 days

- I feel sick with anxiety.

 

At least if we'd gone for the n244 right at the beginning we would have had time now it feels like the worst of all possible outcomes.

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Hi there, these are the instructions for completing the N244 form :

 

1.Your name

2. Tick Defendant

3. Cancellation of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement (this is the statement I will draft for you to affix)

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

Back later with the statement and further instructions.


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Ell -enn...I know it's not over yet, but I've just managed my first cuppa in days because of you. Thanks for the above - I'll get straight to it.

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I hope you had something to eat with that cuppa ! you need to eat and stay well - and get some sleep too. Keep occupied - clean out cupboards - throw out stuff you don't need etc - it clears the mind :)

 

OK, on the photocopy of the mortgage statement - write the Claim number (it will be on the eviction notice) on the top left hand corner of each page and Appendix 1 on the top right corner of each page. Do the same on the tax credits letter except it will be Appendix 2 and also on the budget sheet which will be Appendix 3.

 

Affixed is the statment to go with Q.10 of the N244 - you need to fill in the information where there are XXX's at the top of the statement (the information will be on the eviction warrant) - read it through carefully to make sure all the info is correct and to fill in the name where there are XXX's in the second bullet point of the statement.

 

Now assemble as follows:

 

N244 - signed

Statement - Signed

Mortgage statements - Appendix 1

Tax credits letter - Appendix 2

Budget sheet - Appendix 3

 

This forms the pack to take to court. Make sure it is stapled securely together. Before handing in to court take a copy of it all for yourself to refer to in the hearing. When you hand it in to the court you will need to pay a fee of £40 and it will have to be in cash (take the eviction warrant with you). They should be able to give you a date for the hearing while you are there – also ask them if they have any duty legal reps who will be there on the day of your hearing – if you approach them about your case when you get there on the day they can accompany you into the hearing and speak on your behalf.

 

Any questions just shout :)


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Hi Ell-enn, just a few nit picky worry guts queries..

 

N244 - first box I've completed the claim and warrant number but I cant find any specific reference numbers for either ourselves or Oakwood on any documentations - is this OK to ignore?

Section 10 - I've just typed please see attached sheet - is this OK? Statement of truth - so we BOTH sign this?

Section 11 - again, do we BOTH sign this?

 

Lastly the WTC appendix 2. We have got the letter saying your p60 is xxx higher than your stated income. Then a letter detailing how much we will now be paid. All the travel expenses reasons/ legalities was over the phone - although I do think we have a letter saying we don't have to pay it back. Should we just attach the old claim award amount and the new one to show the reduction? Plus some of the reduction was due to receiving invalid care allowance and that too was over the telephone rather than recorded? Bit unsure what I should attach?

 

Sorry for being a pedantic pest! Plus we decided are going to ring the co-op tomorrow and do as you suggested, but we still need to cancel the card and file the cap don't we?

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Hi,

 

The Claim and Warrant number will be ok.

 

You both sign the statement

 

You both sign Q.11

 

Affix etters for lold claim award and new claim award

 

You shouldn't need to cancel the card if you have given the bank instruction not to make payments to the PDL's. You will need the card to make the payment to your mortgage on 27th.

 

When you print out the statement, make sure your printer is set for A4 paper (not Letter size) so it all stays on one page - makes it easier for the judge to read.


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Ok all done with only one snag...mortgage statements we've got 2007, 2008, 2010, 2011 and some 2012. I have no idea where 2009 is. Should I just attach 10,11 and 12? I feel nervous attaching these as there are a couple of glitches amongst all the payments.

 

Oh I've still got my card for the joint account - they don't have my card details. Sorry Ell -enn head has turned to cotton wool now. I rechecking everything like a maniac so it can be delivered by 9.00am tomorrow.

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I don't think court offices open until 10.00 am .

 

How much were the arrears in 2008 when you had the court claim for possession ?


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