oakwood home loans ltd Mortgage arrears - payments made show as AP on CRA file

[petelyn]

Hi, can anyone give us advice on a 2nd eviction notice and whether we should get a solicitor involved,

 

in 2007 we had mortgage arrears totaling £6000 and was taken to court,

 

 

20 mins before it went on in court we rang mortgage company to pay off the full arrears

but they said they could not contact their agent in the court and i should pay it after the hearing,

 

 

i explained we were to far away to get to the court on time they said nothing they could do,

hence the judge gave them a straight possesion order probably because we were not there,

 

 

my dad and my brother were both diagnosed with cancer and both passed away in 2007 ,

2008 we fell back into arrears as we spent all our time looking after them and our businesses suffered

 

 

,we went back to court in 2009 as we had eviction notice but the judge said we had been making the payments

and she lowered our repayment to £150,00 pm on top of our mortgage,

 

 

november 2009 my wife was taken into hospital with pneumonia

she then came out of hospital and suffered a suspected heart attack

and we both lost our businesses

 

 

we both went bankrupt in july2010 and notified the mortgage company

who then gave us an arrangement to start on the last working day of july,

 

 

unfortunately we were still sorting out our finances and missed july and august payment,

my elderly mum then gave us a cheque to bring the arrangment up to date

but she did not transfer the money into her current account to cover the cheque

although we now have the cash for the july and august payment to bring the arrangement up to date,

 

 

now the morgage company has said they have to refer it to their head office

,in the meantime whilst they are referring to their head office they served us with another eviction notice for the 12th of October.

 

 

my wife has now started a new job and i have just started my own taxi business so we should not have any problems meeting our mortgage payments,

 

 

what do you think our chances would be i we went back to court with n244 form

please could you advice us as we are desperate for help.

[Ell-enn]

I think you will have a good chance of stopping the eviction with an N244 application, given that your wife now has full time employment and you have started a taxi business. If you need help with the N244 application please let me know.

[petelyn]

I think you will have a good chance of stopping the eviction with an N244 application, given that your wife now has full time employment and you have started a taxi business. If you need help with the N244 application please let me know.

 

Thanks ELL-ENN for responding,

 

we could do with your help with our application N244

 

,also i would just like to mention last night we were out working and we had a second call by a company called P S P

apparently on behalf of oakwood home loans ltd to resolve our payment difficulties,

 

do we need to speak to these people

as the last time on the previous eviction he just wanted a chat about our circumstances

and we were charged £100.00 just for speaking to this caller on the phone.

[Ell-enn]

No you don't have to talk to him - and you need to send a letter to Oakwood stating you didn't ask for him to contact you and you won't be paying a fee for it (I've got a letter for that somewhere - I'll dig it out). I will be on line later tonight to help with the N244 - you should aim to get the form into court by the end of this week so you get a hearing next week.

[petelyn]

o.k thank you, look forward to contact later

[Ell-enn]

Affixed is a budget sheet which you will need to send in with your N244. When filling it in remember that the amount you are offering to pay towards the arrears each month in addition to the normal monthly payment, is the amount left over after everything else has been accounted for.

 

Does your wife have written confirmation of her new job? we will need that to go with the N244 and also if you have anything to prove you have a taxi business.

 

I will need to ask a few questions before I can start to draft a statement for the N244:

 

Is the mortgage in joint names?

Are there any children living in the property?

You say you now have the money for the July and Aug payments - when can you pay this? it will help your case if you show commitment to reducing the arrears.

Do you have a recent mortgage statement? are there any arrears charges shown on it?

Who is the lender?

Budget Sheet.xls

[petelyn]

Hi yes the mortgage is in joint names,

there are no children at home although we have our grand daughter staying 3 nights a week.

 

The august and july payments can be paid by friday this week,

 

 

we have a recent mortgage statement showing arrears and charges on it.

 

The morgage company is Oakwood HomeLoans Ltd who say they have to refer any corresoondence to their head office

but somtimes it takes 3 weeks for them to get a reply they know by then it would be to late.

[Ell-enn]

OK, fill in the budget sheet and let me know when you've done that. Also, on the mortgage statements circle the arrears charges and add them up to get a total. They most probably have added these charges onto the real arrears figure which will make it look worse than it is.

[petelyn]

o.k i will do budget sheet 2 moz and pull out recent statements.i will then get back to you with the figures.

[petelyn]

Sorry for delay i have now done budget sheet and it is showing £159.00 over.

i have checked arrears and they are correct £8024 plus £3000 charges besides.

Edited September 22, 2010 by petelyn

[Ell-enn]

Hi there, are you going to offer £150 per month towards the arrears?

Do you have confirmation of your wife's employment and anything to show your taxi business?

If you can make the payment on Friday before taking the form to court we can include that fact in your N244 - can you do that?

 

I have affixed an N244 form to this post and the instructions for completing it are below. I will draft a statement for Q.10 of the form and post on here when you have answered the questions above.

1. Your names

2. Tick Defendant

3. Suspension 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

Cross out all options except We Believe

Sign and cross out all options except Applicant

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

n244_0400.pdf

[petelyn]

My wife has ther last 4 payslips with the company name on,

regarding my self employment i dont know what i can show because the tax office has only just sent me a form to set up new self employment,

 

 

i am paying a hp agreement but it is in a family members name,

 

 

i confirmed this with the bankruptcy receiver and he said it was ok as this would allow me to continue to work,

 

 

as for payment it looks like Monday the funds will be in my wifes account so we can pay it by debit card.

[Ell-enn]

Do you have any advertising material for the taxi business ? cards with name & tel no ? taxi licence ?

[petelyn]

yes i have new taxi plating licence to show i am a taxi owner,

and my taxi badge which i applied for after my bankruptcy

 

 

,i also have bill of sale of new vehicle which is in my name.I

 

 

have completed N244 forms and printed 3 copies is it ok if i put my reasons on a seperate sheet of paper.

 

Also did you manage to find letter to send to Oawood Homeloans to stop them sending agents here uninvited.

 

 

many thanks ELL-EN

[Ell-enn]

I am drafting you a statement to go with the N244 - don't write anything in Q.10 of the form - tick box for attached witness statement.

 

You will need photocopies of your wife's payslip and your taxi plating licence. On the copy of the payslip write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the copy of your taxi licence except it will be Appendix 2. Then the same on the budget sheet which will be Appendix 3. I'll affix the statement shortly.

[petelyn]

fantastic thank for all you are doing to help.

[Ell-enn]

Hi there, statement affixed. You need to enter the info where there are XXX's you will get the details from the eviction warrant. There are also XXX's in the body of the statement so you need to put info there too (don't forget to remove the XXX's).

 

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.

 

Now assemble as follows:

 

N244 - signed

Statement - signed

Appendix 1 - wage slip

Appendix 2 - taxi licence

Appendix 3 - budget sheet.

 

This forms your pack for court (take a copy of it all for yourselves to refer to in the hearing). Staple the pack securely together before handing in to court. You will need to pay a £35 fee (cash) when you take it in. The court staff should be able to give you a date for the hearing while you are there.

 

Any questions, just shout

Petelyn N244 statement.doc

[petelyn]

Hi ElL-EN,

DO YOU THINK I SHOULD PUT A LETTER IN WITH COPIES OF MY WIFE'S CARDIAC CONSULTANT NAME AND ANY CORRESPONDENCE I CAN FIND REGARDING HER PREVOUS ILLNESS,AND ALSO EXPLAIN REASONS FOR BANKRUPTCY AS OAKWOOD MAY BRING THIS UP IN COURT.

[Ell-enn]

You could take that documentation with you to court on the day, so you have it ready if the judge needs it. It's best to keep the N244 as simple as possible and then give any further info on the day if it's needed.

[petelyn]

Hi ELL-EN

 

HAD OUR DATE FOR N244 ITS FOR TOMORROW THE 6/10/10 AT 10am,

 

 

onthe 30th of september i managed to pay the mortgage payment due,

 

 

today i then paid another two payments for the originall arrangement to bring arrangement up to date,

 

 

the mortgage company said they accepted the arrangement being brought up to date and i could now carry on with my mortgage payments.

 

They have told me they will cancel eviction tomorrow morning at 9am,

 

 

but my hearing for the N244 is listed for 10am in the morning,

 

 

please can you advise me what i should do regarding attending court or can i ring the court to cancel hearing

[Ell-enn]

If I were you I would go to the court tomorrow at 9 am and make sure they have cancelled the eviction, if they haven't - then you can go into your hearing and tell the judge that they have promised to cancel, show him proof of payments you have made.

PLEASE DON'T TAKE THEIR WORD FOR IT THAT THEY WILL CANCEL THE EVICTION, sometimes the information doesn't get to the court in time - it's worth going to the court personally to sort it out (take a copy of your N244 in case you need it).

[petelyn]

o.k many thanks will let you know out come tomorrow.

If I were you I would go to the court tomorrow at 9 am and make sure they have cancelled the eviction, if they haven't - then you can go into your hearing and tell the judge that they have promised to cancel, show him proof of payments you have made.

PLEASE DON'T TAKE THEIR WORD FOR IT THAT THEY WILL CANCEL THE EVICTION, sometimes the information doesn't get to the court in time - it's worth going to the court personally to sort it out (take a copy of your N244 in case you need it).

[petelyn]

Hi ELL-enn,

 

 

went to court as you suggested and eviction was cancelled by their solicitors.

 

 

although the judge still went through income and affordability he was very nice and agrreed to suspend eviction.

 

 

I must say the judge appeared very to be very approachable.

 

maybe we will now be able to sleep a lot better and keep to our payments religously.

 

 

Thank you for everything and i shall be making a donation next month.

 

I have one more question ELL-enn,

could i challenge the originall straight possesion order the court give in 2006.

as they would not take the full arrears amount we tried to pay 10 mins before case went on,

as we were not in court.

 

 

They said pay it after hearing because they could not contact their AGENT to stop case going on.

We were then to late to appear to say we had the full arrears amount ?

[petelyn]

where have you gone ELL-EN

[petelyn]

Hi,

 

 

can anybody tell me whether it is legal for a mortgage company to charge me £45.00 every month for building insurance,

because at present we cannot get ins as we are in bankruptcy until our discharge in July 2011,

 

 

this amount seems very excessive and putting us further in debt with oiur mortgage repayments.

 

many thanks for any HELP with this query.