House repossessed by Oakwood Homeloans because of confusion, can we get it back?

[Ell-enn]

Cheers DD, think I've been helped (or rather Hubby has) just from reading existing threads

 

Excellent - that's what we like to hear

[Danny321]

If he's very experienced in these issues, then great, he should know what he's doing.

 

May I ask what area of the country you are in? I am curious to know if there is a Duty Scheme at your local county court.

 

I am in Burnley the hearing is at Burnley County Court

[Desperate Daniella]

Have you got the name and firm of the solicitor yet?

[Danny321]

I'll do that now.

 

Danny, I have just looked at Revival's website and they refer to sending a "specialist court advocate" to court, not a solicitor. Did they specifically say "solicitor"?

 

Yes they said he is a solicitor

[Danny321]

Thank you Daniella...I have checked with the Law Society, and there isn't in fact a solicitor registered with either spelling of that name.

 

Edit: My mistake - there is in fact a solicitor in Edinburgh who specialises in commercial property.

 

Are you not in England?

 

Yes I'm in england

[Desperate Daniella]

I'm assuming he hasn't called you yet? If he hasn't, you must go back to Revival and get the name of his firm and his telephone number. You only have two hours of the working day left!

[Danny321]

Sorry to jump in here with nothing constructive to say other than good luck Danny, all these people giving advice are amazing.

Gena

 

Thank you very much appreciated

[Danny321]

I'm assuming he hasn't called you yet? If he hasn't, you must go back to Revival and get the name of his firm and his telephone number. You only have two hours of the working day left!

 

I have tried but they saying he will call you, beginning to think it was a bad idea

[Ell-enn]

They're not doing much for their £495 ! You've had more information and support on this thread than you have from them

[Danny321]

I don't know when or if I am going to get a call from the solicitor, he might just decide to call me in the morning just before the court case.

 

Is there any last minute advise that you guys can give me,

 

By the way you guys have been great thanks for your time and your input

[Desperate Daniella]

Hi Danny,

 

All you can do is make sure the solicitor is fully aware of the various case laws Lea has given and hope he can argue the points effectively.

 

Good luck.

 

DD

[Danny321]

i know i am not no solicitor but i am trying to find the case for Cheltenham & Gloucester BS v Obi so i know what the out come was. Cant seem to find it.

 

Does anyone know the out come of this case?

Edited March 21, 2013 by Danny321
spelling mistakes

[Desperate Daniella]

http://webjcli.ncl.ac.uk/1999/issue3/clements3.html

 

I've googled it and this is one of the results. I'm sorry I can't go through it for you, but you may find something useful here.

 

DD

[Lea_HTH]

You don't need to read the case, it's only the points I referred to that are relevant.

 

This is why you were told right at the beginning that you NEEDED a solicitor. You had better hope that whoever is turning up to court tomorrow is actually a) a solicitor and b) a solicitor who is experienced in regaining entry after possession has occurred - and c) at the very least has extensive experience of possession proceedings.

 

Good luck.

[Danny321]

I have been told it is a solicitor that is attending and has experience in repossessions

[Danny321]

this is a letter from my father to the judge for not attending, please can you have a read and see if i need to change anything if you have the time. much appreciated

 

Your Honour

 

i would like to apologies for not attending the hearing as i have been admitted in to hospital on Thursday night, due to having chest pains. i am a heart patient who has had a by pass and the doctor wanted to keep me in for a couple of days whilst they do check ups and so they can observe me.

 

As i cant attend i have sent my son with my legal representative John to act on my behalf. i would like to explain the situation briefly, I had to visit Pakistan due to an emergency on 25 December 2012 so before i left i set up a standing order for a payment of £7400 (£1400 for January this included the monthly payment and £600 towards the arrears, and £6000 for the lump sum that due in February) these payments were set due to the court order.

 

Unfortuantly when i set the standing order the account number i entered was 00400497 but the correct account number for Oakwood Homeloans was 00404497. so for that reason the payment did not reach Oakwood Homeloans. I was not aware of this until i returned on 16 March 2013, to find out the payment was made and a eviction date was set for Tuesday 19 March 2013, because i got back on Saturday i couldn't get through to Oakwood until Monday morning.

 

Once i spoke to Oakwood i explained my situation and they asked me what i was prepared to pay, i explained to them the £7400 that was agreed in December is still in my account as the payment failed due to me putting the wrong account number and no other reason, so i can pay the £7400 in full via debit card payment. i was advised the proposal had to be put to a manager and i will get a call back. a short while later i got a call back and i was told if i pay the £7400 and i send proof i was out of the country then the eviction would be cancelled and the court order would be up to date.

 

The adviser told me that she could only take a payment of £5000 via debit card and the remainder £2400 would need to be made via ban transfer or direct in to the account at Barclays. so i made the £5000 payment and i sent a print screen of my ticket confirmation, and i made a online transfer for £2400. once the proofs were sent i call Oakwood and i was advised they had got the proof but they was not satisfied with it, re wanted to see a ticket or my passport, i didnt have my ticket so i said i would sent me passport copy ot them.

 

The £2400 payment was not showing on the account aswel. So by this time it was 430pm and the adviser told me they had not received my online payment, i also sent them the proof of that payment aswel and advised i will have to go to the bank in the morning to ask why its not reached your account.

 

so in the morning i went to the bank and was advised that faster payment reach the recipients account within 2 hours because my payment exceeded £1500 it wont go through as a faster payment and will take 2 days, i explained my situation and my bank cancelled the payment and gave me cash so i could deposit it direct in to Oakwoods account and ince that was done i sent proof via fax to Oakwood of that payment.

 

then i called Oakwood again and they told me they wanted the front part of my passport aswel so i sent that via fax several times to 2 different fax number and i also sent it via email aswel. after about 20 minutes i was told they have got the copy the adviser got in conatct with the manager to advise that the payments and proofs have been received. then i was told that the eviction would still go ahead as they wanted to proof that i was going to redeem the mortgage.

 

I explained to them that i was in the process of remortgaging but due to me having to leave the country in an emergency the process was put on hold and now i am back i am going to get a new date for the valuation (fees had already been paid for the valuation to the mortgage broker) and once i have had that done i will sent the documents, and also how come i wasnt told about this when i called up on Monday morning and why are they telling me 30 mins before the eviction. I explained to them if i had been told this i would have advised i would not be able to sent you this proof and i would have put an application to see a judge at the court and explain my situation and let the judge decide, because they didnt mention that to me and made an arrangement with me and now they are going off there arrangement and have took away my right to an application to see a judge.

 

The response i got was get in contact with citizen advise bureau when the bailiff was at the door step. If i had known this was Oakwoods intentions then i would have made the payments to them and put an application to see a judge before the eviction was due to take place. By Oakwood homes changing their arrangements the last minute they took that opportunity away from me.

 

I do apologies for not attending and for writing such a long letter. I hope you can see the situation Oakwood have put me in.

[Danny321]

Anyone had a chance to see the letter

[Desperate Daniella]

Hi Danny,

 

There are quite a few typos, and some of it is muddled, but it does give the chronological order of events.

 

What time are you leaving to go to Court?

[Danny321]

I've sorted the typo errors, thanks DD

[Desperate Daniella]

Good luck.

 

Let us know how you get on.

[Danny321]

Thank you

 

Will do

[Danny321]

After a long hearing over 20 mins the judge demanded we get the keys back as we were in constant communication with the lender up until the eviction and due to lender moving the goal post one the last minute that took away out chance of making an application to the court,

 

The rep I had didn't have a clue of what was going on as he didn't know the situation of the case I actually spoke more then he did, waste of £495

 

I just want to say thank you all so much for the information you all gave me,

 

The points Lea made were the ones I used in court an they are the ones that have got me entry back to my home,

 

I wish I could reach out and give you all a big hug

[Desperate Daniella]

That is great news, Danny. I am so pleased it worked out for you and your father.

 

Lea's advice was very good, and I am glad it helped you. What a pity Revival got the £495 for sending someone useless.

 

Have a good weekend.

 

DD x

[Ell-enn]

I'm glad you got a good result, well done Hoiwever, you should make a complaint to Revival and ask for a refund. Who exactly did they send - was it a solicitor ?

[Danny321]

He wasn't a solicitor, some solicitor firm sent him.