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Court Charges mortgage


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I was taken to court and the charges have been added to my mortgage account. Is this right?The case has been suspended. I was not aware are that these charges were added and I am also being charged a monthly fee even though I came to an arrangement at court. Can anyone help? Thanks.

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Litigation charges are part of your terms and conditions, so nothing to do with the court, unless they believe the action against you was frivolous (clearly not the case if there is a suspended order).

 

You ought not to be charged a monthly fee if you have come to an arrangement - so write to them and inform them that they are breaching MCOB rules if they continue to charge you whilst you are keeping to an arrangement. If you fail to keep to the arrangement they can start charging again - though sometimes these charges are too high and can be reclaimed.

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Can any one help with a court document wording - matter adjourned with liberty to restore regarding mortgage. How long does it stay on file as it does not give a time limit.

 

Liberty to restore is usually for 12 months - ends one year less one day after the date the order was on.

 

E.g. if the order was made on 21st May 2012, liberty to restore ends 20th May 2013.

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  • 3 weeks later...

My mortgage company have said that the payment I am making is not enough and that I need to make an arrangement with them. I made an arrangement at Court so I am getting rather confused. Any advice? Please? Their admin assistant also said I can be taken back to court but the court papers said liberty to restore? I am getting a bit stressed about this.

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My mortgage company have said that the payment I am making is not enough and that I need to make an arrangement with them. I made an arrangement at Court so I am getting rather confused. Any advice? Please? Their admin assistant also said I can be taken back to court but the court papers said liberty to restore? I am getting a bit stressed about this.

 

You said the matter was adjourned and the mortgagee didn't attend court - so what arrangement did you make at court?

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The arrangement was made at the first court hearing in October 2011 an extra payment each month. I was told I would need to go back in April however the mortgagee did not attend on that date.

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The arrangement was made at the first court hearing in October 2011 an extra payment each month. I was told I would need to go back in April however the mortgagee did not attend on that date.

 

How much are the arrears? How many years/months left on the mortgage (exactly)? How much is the extra payment you are making? Has the current instalment increased since you were in court?

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