Preferred Mortgage

[jodie111111]

Hi everyone am new to the forum and never used forums before, my problem is that last year preferred mortgages/capstone took me to court for repossession, fortuntely I have been able to go to court and sort a payment out which I have kept up with, my problem is that I received a statement off them a few weeks ago and got the charges on it, the main one is the solicitors cost in the same month in May they charged me £250.00 and a staggering £800.00, is there anything I can do about these charges, this is more than what they where taking to court for.

[freakyleaky]

I have moved your thread to the repossessions forum where you will get more responses.

[notreadytogiveupyet]

Write to capstone/preffered in the first instance, ask them to justify it, they WILL try to get around you, somwthing like well solicitors cost made part way thru the month carry over to the next, or something to that effect.

 

Wragge and co and Redstone charged me twice in the same month. After alot of kicking off I eventually got them to admit that they had actually charged me when they shouldnt, but mine was only £212, nothing compared to yours. They also tried to charge me court appearance fees, when on one court hearing they didnt even show up....

 

(Jansus, believe me that was REALLY early in my fight, before you ask....)

 

But I would aslo write to their solicitors asking them the same thing, only because one will probably fob you off to the other. But if you ask both, they cant!!!

 

BUT DO IT IN WRITING and send it recorded delivery, that way they cant deny receiving it or get away with some lame answer....

[jodie111111]

Thanks for that I will write both to preferred and to the solicitors tomorrow.

[supersleuth]

Hi,

 

Just want to share some thoughts with you on your 'legal costs' question.

 

If you check the terms of the mortgage it will say that the mortgagee bank are entitled to REASONABLE COSTS. The reasonable cost that they are entitled to is the actual amount that the solicitor actually charges them. i.e. a reimbursement of their costs only and only if the charges incurred were REASONABLE.

 

I have recently had sight of a document that indicates that the solicitors who work repossessions cases usually work on a fixed fee basis. In the document that I saw, the fixed fee charged by the solicitor to the mortgagee bank in that case was £350. It is highly likely that the fee your bank paid to its solicitor was a fixed fee (and it is also highly unlikely that the fee was anything like £800).

 

This is yet another example of bank overcharges. The court order against you for costs (if there is one) - is only an order to pay the actual (and reasonable) legal costs that the bank legitimately incurred. Alternatively, if there is no court order for costs and if the bank are charging under their alleged 'contractual rights', then the same principle applies.

 

Therefore, you can ask to see a copy of the actual solicitor invoice that you are being asked to pay. After all, as you are being asked to reimburse their costs, you are entitled to see the actual invoice of their alleged 'costs'. And/or, (if there is a court order for costs) you have the right to, and can ask, to have their alleged 'legal costs' "TAXED", if you do not agree with the costs. There are special courts that deal with arguments over the legal costs.

 

Hope this helps