Deed of Postponement Legal Aid Debt

[smolt]

I have a legal aid debt secured on my house which has a deed of postponement.

My present mortgage expires in just over four years ,

however I am in the process of securing a remortgage for a further 12 years with a different lender.

What grounds do I need to get a deed of postponement from Legal Aid so I can proceed with the new lender ?

Thanks

[dx100uk]

you shouldn't need too as far as i remember.

if you only have a mortgage i can't see why Legal Aid even went for a Deed of Postponement

from what im seeing it doesnt make sense , it's for who is paid in priority order if the home is ever sold.

have you any other secured lending again the property? (listed on your deeds?)

Deed of Postponement | Parachute Law

WWW.PARACHUTELAW.CO.UK

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What does it mean to postpone a mortgage? Inc. what is a charge postponement, postponement deed & letter of postponement. Get a low...

 

 

 

[smolt]

Only the mortgage lender who has the first charge on the property.

[dx100uk]

then i cant see the point of the Deed of Postponement

means nothing then.

who got this CCJ and Deed of Postponement

sounds like a scummy DCA debt buyer?

[AndyOrch]

There is no CCJ or DCA Dx , its legal aid its quite normal for this to be placed as security. A deed of postponement is the legal agreement between the two lenders and it is meant to emphasise what each party's rights are. It usually gives priority to the lender holding the first charge. By postponing, both lenders will still be paid, but only one will be prioritised.

[smolt]

Thanks for the advice guys , however I am still at a loss regarding my situation.

After a messy divorce some while back , my Sols advised me in writing that although their costs were £XXXX.00 , Legal aid had informed them that my liability was just £XXX.00 and would I like to make a representation to the Court regarding said costs.

As I deemed  the figure of  £XXX.00 not excessive I decided not to contend the amount that I owed in Legal aid , which I would have done ( and would have had sound grounds to ask the Court to retrieve the balance of the excessive costs of the divorce from the OP ).

I remortgaged my home after the divorce and Legal aid put a second charge on the property , which I assumed was for the £ XXX.00. I cannot quite remember how much , but I offered to pay back an amount each month to pay off the £ XXX.00 , but they refused my offer.

I then received annual statements showing the £ XXX.00 owed + interest for 4-5 years , then  statements that I owed £ XXXX.00. I contacted them and after some time they apologised and said they had made a mistake but I still owed them £XXXX.00.

Legal aid blamed my Sols for not understanding the principals , however my Sols when told about my liability of just £XXX.00 wrote back to Legal Aid who confirmed for a second time that £XXX.00 was my total liability , before my Sols wrote to me to see if I wanted to make said representations to the Court regarding the costs of the divorce.

My questions are -

If the initial Legal aid second charge on my home was for £XXX.00 , how can it now be £XXXX.00 ?

Also , whilst they are now refusing to remove the second charge on my home unless I pay the £XXXX.00 redemption fee unless they grant me a deed of postponement , what about the fact that their incompetence  prejudiced my decision to not ask the Court to make the other party pay for the excessive costs of the divorce which the other party solely caused ?

Thanks ,

Smolt 

[AndyOrch]

8% per annum, has been in place since 2005 under the Community Legal Service Regulations 2005. It is not negotiable I understand. However I would argue that notification must be given annually with statement or would deem it as an unfair term.

[smolt]

Thanks for your reply Andyorch ,

but what about the fact that Legal aid stated in writing twice before representations could be made to the Court regarding costs that I owed them less than a thousand pounds and continued to state that in successive annual statements of my debt to them , then five years later stated that in fact I owed several thousand pounds ?

As said , can they alter the second charge at will ( ie from less than a thousand pounds to thousands of pounds ) ,

and what about the fact that their actions denied me the opportunity to ask the Court to consider a request to demand that the other party pay the excessive proportion of costs incurred by their unreasonable behaviour ?

[smolt]

Anyone ?