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Solicitors costs on your mortgage


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Section 50 .4 of Practise Directions for Costs states that

Where the contract entitles a mortgagee to

(a) add the costs of the litigation relating to the mortgage to the sum secured by it;

(b) require a mortgagor to pay those costs, or

 

© both

 

The mortgagor may make an application for the court to direct that an account of the mortgagees costs be taken

 

(Rule 25.1(1)(n) provides that the court may direct that a party file an account)

 

(2) The mortgagor may then dispute an amount in the mortgagee's account on the basis that it has been unreasonable incurred or is unreasonable in amount

 

(3) When a mortgagor disputes an amount the court may make an order that the disputed costs are assessed under rule 48.3

 

Surley this means that any idemnity clauses are subject to assessment

 

ALSO

 

Rule 5.3

VAT should not be included in a claim for costs if the recieving party is able to recover VAT as imput tax

 

The recieving part has a responsibility for ensuring VAT is claimed only when it is unable to recover the VAT as input tax

 

Most solicitors bills are just added to our mortgages acount but as far as I can accertain all these large companies are VAT registerd so we dont need to pay vat trouble is unless you ask for the bills you cant see where they have added Tax.

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Firstley ask for a copy or copies of all invoices added to youraccount by solicitors and/or third parties during the life of your mortgage point out that as they are asking you to pay you are entitled to seee these you can allmost cetainly pay less vat as long as the invoice is made out to your lender and not you ask and see what happens

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What we all have to remember is that we do have to pay the othersides cost in most cases my complaint is that they have to be reasonable you are intitled to those bills and if they come through as I think they will you will be intitled to not pay the vat so why should you if they can claim it back good luck lets hope other people do the same

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  • 2 weeks later...

Had the my costs hearing today unfortunatly we dodnt get finished so have to go back and this could be a couple of months but got a reduction of 25% of the amounts we have dealt with not bad one interesting thing the impression I got was even if your mortgage has an imdemnity clause the fees have to be reasonable and the test of reasonable is were they right to do what they did could be interesting have another day to go in a couple of months onward and upward

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  • 6 months later...

Recieved in this mornings post that GMAC charged us costs which were deemed by the high court to be unreasonable the amount of £31,933.00 Part of which they took on completion of the sale of our House and they have to pay us back around £20,000 I bet they wont, but am feeling great today;) :smile::D :D the fight continues

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Great result.

You deserve something after the long hard fight that you have endured with them.

I really hope they pay up soon.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Explained this afternoon if i dont get my money with interest I will go to the High Court get summary judgement and put the baliffs in!!!!! when they have paid this they still ove mw anothe 40K

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