Court Costs

mike_L

Went bankrupt in April, my affairs and assets (none) are now being handled by the Regional Trustee, all is going ok. I’m not subject to any IPO.

I appear in court in three weeks regarding the repossession of my flat. I’m not contesting the re-possession but will ask for a months notice to vacate.

However the court repossession claim forms refer to court costs and judging by the wording on the claim forms I get the impression I expected to pay. Further, I received a letter from the building society stating that I will be liable for solicitor’s charges.

Am I liable for court costs and solicitors charges? I couldn’t afford to pay either.

fatou256

i amno experet but i was under the impression that one the property is sold any shortfall and so are included into the BR wether listed or not ...... i think it will be good that you coem with your BR order at the court...... maybe someone will be able to confirm or correct me if am wrong here .

my

mike_L

Thanks. I know that the mortgage shortfall will go into my BR so I've no problem with that.

It's specifically the court costs of the house repossession hearing I'm refering to which I get the impression might be seperate.

(I'm claiming IBJSA by the way).

skylight

Yes you are "liable", and these costs will be added onto whatever is outstanding with your mortgage company. They may well chase for these outstanding debts as they are entitled to.

BUT. Once the property is sold on and there is a proveable debt that can be included in your BR, at that point the amount is no longer your liability.

Take your BR forms to court with you, then they can note it on their file as they see that it is pointless in trying to chase you for the money before the amount can be included in your BR.

fermi

mike_L wrote: »

Thanks. I know that the mortgage shortfall will go into my BR so I've no problem with that.

It's specifically the court costs of the house repossession hearing I'm refering to which I get the impression might be seperate.

As the creditor is bringing the action then they are liable to pay any fees to the court.

You don't.

Normally they would then be added to the debt that the creditor can claim under the shortfall. But in this case that is all covered by the bankruptcy.

It will just be standard letters/phrases used stating that you will be liable, but the BR trumps that.

mike_L

Thanks for that.