Repossession Hearing Friday, can I claim costs?

SivEd

Hi there,

I have a repossession hearing on Friday in the County Court. the mortgage company have executed a suspended possession order and I have an eviction notice for 15th May.

I have a new job and a prepared budget so I am hoping it'll go through and the judge will accept my budget and issue a new suspended possession order.

My question is about costs at court. Does anyone know if I can claim costs against my mortgage company? I have three areas I'd like to claim.

1: The actual costs of the day. Lost wages, the cost of the forms, transport etc, about £100.

2. Their solicitors costs, which will be passed on to me. Can I ask the judge to stop them from doing that? I never wanted this court hearing and I called them and told them about my change in circumstances, so it is unnecessary.

3. The other charges relating to the eviction they have arranged. The letters, the bloke they sent round with a questionnaire (who I sent packing), he'll cost me about £150 and was uninvited!

I suppose it varies on whether I win or loose, but can I claim any of these things or am I asking for trouble by bringing such things up? Has anyone actually got costs at an eviction hearing before?

The mortgage company have everything their own way it's too easy for them to take me to court. I'd like to at least discourage them from taking this kind of action in the future!

Thanks

CrazyAngel_3

Hi
Having worked in mortgage repossessions for years, the only bit of info I can give you is

1. No, you cant claim costs from your mortgage company. Youve clearly been to Court already if a suspended possession order in place and you have defaulted on it. The Order was their security that they could apply for an eviction date should you default. They have not done any wrong here.

2. They are entitled to their costs as they have taken the action they deem necessary. They cannot wait an infinite amount if time before taking action, and they have clearly been lenient in the past and have heklped you all they can by agreeing a suspended Order. You also signed your mortgage documents agreeing to these charges - the small print.

3. Again, you have signed to agree to those charges should you default. If they sent someone round with a financial questionnaire he was there to assist you and come to a payment plan with you without the need for further Court action. Perhaps if you had let him in and spoken to him, you would have avoided the mortgage company applying for an eviction date. Not letting him in shows you have been unco-operative. The costs of requesting a bailiff appointment alone is £110.00, and now youve applied to have the eviction suspended thats going to be a further £100.00 at least of costs incurred. You would have been better off letting this guy in.

Have you been making payments as and when you can? Not doing so shows a lack of ability and willingness to pay. Saying you have a new job will not cut it. You need documentary evidence of this proving your salary. Do you have these?

Hanky_Panky

Crazy Angel is spot on.

In fact you will be lucky to stop the re-possession going through this time if you have already failed a suspended order payment arrangement.

CrazyAngel_3

Looking back at your previous posts, this is the fourth eviction that your mortgage company has requested! You need to stop thinking about trying to get costs from your mortgage company and concentrate on sticking to the Suspended Orders.

Trollfever

The mortgage company have everything their own way it's too easy for them to take me to court.

Do you remember signing this?

YOUR HOME IS AT RISK IF YOU DO NOT KEEP UP REPAYMENTS ON A MORTGAGE OR OTHER LOAN SECURED ON IT.

dwsjarcmcd

SivEd wrote: »

The mortgage company have everything their own way it's too easy for them to take me to court. I'd like to at least discourage them from taking this kind of action in the future!

I always found paying my mortgage every month achieved this.

The_J

dwsjarcmcd wrote: »

I always found paying my mortgage every month achieved this.

Hahaha good one.

I've never got involved with repossessions, it seems like fun but I want to know, what the hell have you got to do to get repossessed? If this guy owed me money he'd be on his !!!! in the street the first time.

Trollfever

The_J wrote: »

Hahaha good one.

I've never got involved with repossessions, it seems like fun but I want to know, what the hell have you got to do to get repossessed? If this guy owed me money he'd be on his !!!! in the street the first time.

The "pre-action protocol":

http://england.shelter.org.uk/get_advice/repossession/steps_before_court_action

The_J

Wow, that's ridiculous. Nanny state strikes back, no wonder it costs so much to repossess all the while everyone else, the legitimate mortgage payers, have to pay for it with higher rates and greater LTV restrictions.

Hanky_Panky

The_J wrote: »

Wow, that's ridiculous. Nanny state strikes back, no wonder it costs so much to repossess all the while everyone else, the legitimate mortgage payers, have to pay for it with higher rates and greater LTV restrictions.

If you think it's bad here you should see what it's like in Ireland.

They passed some legislation that only allows three unsolicited calls per month !!!!!!! So that's not three connections but three attempts ! Mortgage lenders there are very quickly going down the pan and even the World Bank has had to step in and point out to their goverment what a shambles it is causing.

People there now are routinely not paying their mortgage as they know they cannot be repossessed and are clearing unsecured debt first.

geoffky

Zombie banks and zombie mortgages, 10s of thousands are one decent interest rate rise from oblivion..and have been for years..