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

[Ell-enn]

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?

[Ell-enn]

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

[Ell-enn]

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 ?

[Ell-enn]

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 ?

[Ell-enn]

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?

[Ell-enn]

Who do you bank with?

 

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

[Ell-enn]

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.

[Ell-enn]

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.

[Ell-enn]

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

[Ell-enn]

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.

[Ell-enn]

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 ?

[Ell-enn]

OK, so we can't say you have reduced the arrears since the court case in 2008 as they have actually increased. Perhaps you'd better not include these statements with the N244. I know it's a bit of faffing about, but I'll take the reference out of the statement and repost it - this of course means that the copy letters and budget sheet will now be Appendix 1 (letters) and Appendix 2 (budget sheet) so unless you have some tippex to cover the numbers and re-write over it, you will have to reprint/copy I'm afraid.

[Ell-enn]

It's no trouble

 

Most people don't have their mortgage statements (didn't keep them/can't find them etc) and in the majority of cases they are not affixed to the N244, so don't worry about that. The new statement is just fine - as I said before, judges don't take people's homes away when they have an income and can show they are able to make payments going forward - they usually like to give people a second chance. You had a reason for missing the payments and the judge will see that .

 

Amended statement affixed.

[Ell-enn]

Try and get some sleep, things always look better in the morning when you're rested. Take your time putting the pack together for court (don't forget to change the Appendix numbers). Try and concentrate on the thought of how relieved you will feel when you come out of the court, knowing your home is safe

 

Let us know what date your hearing is and we can go through the process.

[Ell-enn]

Also, let us know tomorrow how you got on at the bank with those letters to stop paymemt to PDL's

[Ell-enn]

Wow - you've had a good day well done! Told you things would be much clearer today.....

 

Aha, Oakwood don't like the thought of having to go to court - they know you'll win - bet they cancel the eviction notice. If they do tell them to take the £40 you spent needlessly on the application off the arrears - see what they think of that!

 

Now you have a "parachute" account with the Co-op it gives you the option to move money into it if you need to - even if it's only £5 every now and again - you'll feel you are achieving something.

[Ell-enn]

Hi, any news from Oakwood ?

[Ell-enn]

Just checking To be honest I expect it will be Tuesday before they ring you to say they have cancelled the eviction, these companies don't seem to be able to get their act together until they realise the hearing is almost upon them. Try not to worry over the weekend - it will be OK.

 

Trust you are managing to sleep better ?

[Ell-enn]

Hi there, please try to stay calm. You have an income and can make payments towards the arrears. Judges won't take away people's homes if they can show they are able to pay. Oakwood are one of the despicable sub prime lenders and are running true to form. As to them being aggressive in court - they will send someone from a local law form who will no doubt get the paperwork the night before and just be told to oppose your application.

 

Do you know if your court has free duty legal advisors on Wednesday ? if you haven't already - ring them to find out.

 

...and stay calm..... it'll be OK.

[Ell-enn]

I doubt very much if the Oakwood rep will run rings round you - he/she will most likely have very little paperwork (they never seem to be in possession of all the facts) . I think you need to be telling the judge that they sat on your offer of payment for weeks and then said you couldn't afford it, but if you offered more money each month they would consider it !!!! irresponsible or what!

 

Loads of people don't have anyone to speak for them and they do just fine judges are usually very good with people who are in your situation and will guide you through the process.

[Ell-enn]

All the information the judge needs is in your statement which went with the N244, and he will have read it before the hearing so will be in possession of all the facts. You should take your copy of the N244 (and supporting documents) and any other documents you feel might help (although unlikely you will be asked for them).

 

If you read your statement you will see that the reason for the arrears was out of your control - the judge will see that.

[Ell-enn]

Hi, if the Oakwood rep asks to speak to you before the hearing and says they are pushing for a higher payment just say to him/her that you would rather wait for the judge to decide.

[Ell-enn]

It'll be fine

[Ell-enn]

Chin up kid - just remember when you walk into that hearing tomorrow you've got all the CAG success cases behind you

[Ell-enn]

Well done now please relax for a few days before tackling the payday lenders (that will be easy after this) . Give your hubby a big hug and open a bottle of wine tonight:)

 

(told you it would be ok)