Mortgage, CreditAgricole ,BirminghamMidshires, Halifa x, HBOS, CurtisSolicitors

[TideTurner]

Hi All,

Just off the phone to my Solicitor, we will be disputing any costs claimed in full and pursuing the remainder of the claim asap.

Where the other side have attempted to claim ridiculous costs, does anybody know the best way to highlight or complain to a regulatory body and have their bill scrutinised? Bill assessed by cost draftsman appointed by Sols.

It is clear their bill is ludicrous, and I can prove it is clearly deceptive if not fraudulent.

Would the Law Society investigate if I complained?

Any help appreciated, PM if necessary.

Many thanks

Tide

[andrew1]

Why don't you have a word with one of these Tide http://www.sra.org.uk/documents/soli...ders/costs.pdf one of them will tell you how to deal with it...just don't pick the one you are fighting against - actually, maybe you should and use it in evidence against them !

[Bona]

Have you paid these costs or are they caliming them

[TideTurner]

Originally Posted by andrew1

Why don't you have a word with one of these Tide http://www.sra.org.uk/documents/soli...ders/costs.pdf one of them will tell you how to deal with it...just don't pick the one you are fighting against - actually, maybe you should and use it in evidence against them !

He, he, he, looks like more fun to be had here. I feel an investigation coming on.

Bona, these are being assessed and have tripled since the last hearing. They are claiming 24 hours just to look at one document!!!

[jody123]

Hi Tide,

Unfortunately the Law Society would not be interested in your complaints - even though they would be well founded!

Had a quick word with my relly who says it would need to be "a very substantial document" to warrant 24 hours worth or work on it.... you only recourse is through the courts and asking the court to assess what is reasonable.

Did they get awarded costs then?

Jody

[TideTurner]

Hi Jo, I have mailed you

[jody123]

Hi Tide,

I've responded. Thanks. I believe that once you have a barrister on board and have proven your case on the other points then your costs will be a lot more than theirs. And don't forget that you have your hourly rate to charge too for all the work that you have done up to this point....what's your hourly rate - £250.00?

Jody

[TideTurner]

Hi Jo,

They cannot claim for any costs prior to litigation, nor can I. I can claim for other losses, wages, travel etc but these are limited and are at the discretion of the Court.

The position with respect to claiming interest has not been clarified, simple or compound, nor has any time limit for claiming interest been identified.

Does anybody have any more knowledge in this area?

Tide

[jody123]

Hey Tide,

As far as I can tell you can still claim interest and damages if the action was brought within six years of the sale - i.e. the point that the underselling occurred. Or the point that you were aware how much it was undersold by (i.e. when they sent you a completion statement?) It would only be statute barred after six years:

Statute of Limitations:

20 (5) Subject to subsections (6) and (7) below, no action to recover arrears of interest payable in respect of any sum of money secured by a mortgage or other charge or payable in respect of proceeds of the sale of land, or to recover damages in respect of such arrears shall be brought after the expiration of six years from the date on which the interest became due.

(6) Where--

(a) a prior mortgagee or other incumbrancer has been in possession of the property charged; and

(b) an action is brought within one year of the discontinuance of that possession by the subsequent incumbrancer; the subsequent incumbrancer may recover by that action all the arrears of interest which fell due during the period of possession by the prior incumbrancer or damages in respect of those arrears, notwithstanding that the period exceeded six years.


Anyone else want to comment?

Jody

[TideTurner]

Sir James Crosby, deputy chairman of the Financial Services Authority and formerly the chief executive of HBOS, the troubled mortgage provider, was commissioned by the Treasury to look at options for improving the mortgage-backed securities (MBS) market, which imploded last year at the onset of the credit crisis.

Who said the FSA is independent?

[Bona]

Ok with regard to costs
at the end of the case the Judge will make an order for costs to be assessed if not agreed they will have to give you a breakdown of the costs and oh boy it will be enlightning GMACs ran to about 80 pages
you are then give a period of time to list the disputed items and why and put how much you for example We had our hearing in the High Court in London the Solictor maintained that he had to travell to London for the hearing £800.00 we said No you didnt you had a Barrister an agent from your London firm could have done it we won there were lots of other points we contested we got £23,000 off the costs
a third. Interest is only applied from the date the court order for costs to be assessed is made Im not sure exactly where you are at with the costs but I hope that helps we had 3 days of cost hearing over several months

[TideTurner]

Just to clarify something further up the thread, Mortgage Indemnity Guarantee (MIG) is the same as Higher Lending Charge, as HLC is the term that was introduced by the FSA to cover varying terms in the industry. Since October 2004, it has had to be called HLC.

[TideTurner]

LSC Website : CLS news

Emergency legal aid schemes for people facing repossession of their homes are to be set up in 20 more county courts with still more court schemes in the pipeline.
There are already LSC-funded schemes covering 94 courts around the country.

Don't know how much help this would give somebody, but says a bit about the shape of things to come!

[jody123]

HI Tide,

just wondered where you were at with your case? Are you able to provide an update?

Jody

[TUTTSI]

Hi Tide
How's the court case going!

Tuttsi xx