Reclaim mortgage repossession expenses in Scotland

[Michael Browne]

Many of the several thousand Scottish homeowners taken to court for mortgage repossession over the last few years, have had their cases dismissed and then re-raised for technical reasons.

 

Govan Law Centre believes they may have been unfairly charged twice for their lender's legal expenses along with additional administrative charges.

 

GLC's Principal Solicitor, Mike Dailly said: "Where a lender has raised incompetent proceedings, or deserts those proceedings to re-raise again, how can they reasonably expect their customers to pay for being taken to court twice? We think passing on these repeat or double charges to Scottish consumers is clearly unfair in relation to the Financial Services Authority's (FSA) Principles of Business. The extra costs involved here add up to many millions of pounds which Scottish homeowners should not have to bear".

 

 

The reclaim mini-site is available online here.

 

 

 

Who pays for repossession actions dismissed and then re-raised?

 

 

If you've been taken to court in Scotland for mortgage repossession, and your case was dismissed and then re-raised for technical reasons, you may have been charged twice for your lender's legal expenses, along with additional administrative charges.

 

Lenders generally add their legal and enforcement costs onto a customer's mortgage. This free site explains how you can complain and try and get the costs - which can be several thousands pounds - refunded or deducted from your mortgage account and balance.

 

In Scotland, several thousand cases have been affected by, or dismissed in light of, the UK Supreme Court decision in RBS v. Wilson [2010] UK SC 50, and GLC's case of NRAM v. Millar 2012 SLT (Sh Ct) 58. Sometimes lenders have chosen to dismiss proceedings to avoid any potential competency challenges, and then re-raised them in court. However, all of this work has to paid for by someone, and we don't think it's fair you are charged twice!