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Why should we have to pay their solicitors fees..


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if they lost in court to us...

 

I just had a bill for around £480 on there unsuccesfull attempt to reposses the house, the 4th repossession and the previous 2 the judge also stated it was a frivilous attempt by them.

 

Its easy money and the amount of interest I would have to pay in total as it be added to my mortgage is scary.

 

Any advice, anyone complained about this before and been succesfull.

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Can you fill us in on the details ?

 

Did the court order costs or are the costs payable as part of the T&C's between you and mortgage company ?

 

Andy

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It was just a typical apply for repo, but despite trying to negotiate they was adamant they wanted to take the house, as if in a way they knew it would be end up at court with it being suspended... Not sure what the mortgage T&C's are, but so far I worked out I had in 5 years around £550 in arrears admin fees, £300 in those people coming round your house to tell you nothing that you dont know, and about £3k in solicitors fees.

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It was just a typical apply for repo, but despite trying to negotiate they was adamant they wanted to take the house, as if in a way they knew it would be end up at court with it being suspended... Not sure what the mortgage T&C's are, but so far I worked out I had in 5 years around £550 in arrears admin fees, £300 in those people coming round your house to tell you nothing that you dont know, and about £3k in solicitors fees.

 

In your first post you state you won, then in this post (quoted), you state it was an SPO - which was it?

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But how are the 3k Sol costs claimed ?. Are these costs ordered by the court or are they just added on to your mortgage, maybe because the mortgage t&C's allow them to be added, you really should be reading the t&c's if you are at threat of repossession.

 

Andy

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Its a suspended Possesion order, but what I am saying is that in my case a couple of times it should not of ended up in court, and you could tell the judge wasnt happy, and reading on here its the same for a lot of people, I feel that mortgage companies and solicitors are in it to make a quick instant buck !! Not fair and the costs get put against our mortgage so that initial £500 gets interest added onto it..

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Its a suspended Possesion order, but what I am saying is that in my case a couple of times it should not of ended up in court, and you could tell the judge wasnt happy, and reading on here its the same for a lot of people, I feel that mortgage companies and solicitors are in it to make a quick instant buck !! Not fair and the costs get put against our mortgage so that initial £500 gets interest added onto it..

 

I am afraid that's bad news then. You didn't 'win' - and since they had to bring you into court they are entitled, according to the terms and conditions you signed when taking out the loan, to charge you for their costs in doing so. It may seem unfair, and often it is, but actually £500 for a possession claim is a little below the average costs. You can, of course, challenge any of their legal costs, and if they are found to be excessive, then you will be refunded. But I do have to state that £500 is not excessive for a hearing attendance.

 

If the judge was not 'happy' about them bringing you into court, he actually has the jurisdiction to make an order that they cannot apply costs to the mortgage account/security - conclusions can be drawn as to why he/she chose not to do so. But you are free to ask them to explain the costs to you.

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Whether it should not of gone to court or whther you feel its unfair is irrelevant, it did go to court and a judge decided on the outcome, a judge always has juridstiction over costs even taking into account whether a party has won or lost, the time to dispute costs was at the hearing.

 

£500 is quite low, as a day in court can run up charges as high as £5000-£10,000 or even more.

 

Andy

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a judge always has juridstiction over costs even taking into account whether a party has won or lost, the time to dispute costs was at the hearing.

 

In general a judge does not have jurisdiction over the terms and conditions of a mortgage, which is where costs of litigation for breaches of such contracts are defined. A judge does, however, have jurisdiction over stating no costs should be applied to the account/security IF he/she thinks the court action was unwarranted.

 

 

£500 is quite low, as a day in court can run up charges as high as £5000-£10,000 or even more.
Costs in a straightforward possession hearing will NEVER reach 5k, let alone 10k for one day in court! The vast majority of possession hearings are listed for 5 minutes and only exceed this when there are issues arising.
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Thanks guys for your help and advice, I put this to bed, as much as frustrated with paying more, still delighted to have the roof over my head thanks mainly to this website.:wink:

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