Mortgage company paying judgements

larks1981

Always get good advice here and hoping that can continue with my next question.

I had judgments obtained against me in the past few years. For non payment of ground rent. The claimants went to my mortgage company, produced the CCJ and my mortgage company paid them. The mortgage company then added the amount paid to my account as arrears.

Recently it's come to light that the amount paid by the mortgage company was well in excess of the stated amount of the Ccj.

I have since cleared all my arrears.

My initial investigation suggests that's the claimants solicitors added what they call ' post judgment costs'. My mortgage company appear to have just paid the sum asked for ie not the specific amount of the ccj but more. Rightly or wrongly I don't know!

So my question is , should my mortgage company only have paid the amount of the ccj and no more? The ccj included solicitors costs so don't see how they could add more costs.

Another way to ask the question would be - when a ccj is obtained - is the total amount of the ccj the amount that the defendant or in this case my mortgage company on my behalf have to pay, and no more?

All help appreciated. A solicitors opinion would be of particular interest.

larks1981

Oh and to add we are not talking a small amount added on top of the ccj, it's a couple hundred pounds in each case.

jaybeetoo

Having watched The Sheriffs Are Coming I would think they are entitled to add the costs of recovering the debt to the amount of the CCJ. When the CCJ was obtained, they didn't know how much it was going to cost to recover the money.

Has your mortgage company charged you an administration fee for their time as well?

larks1981

What ' reasonable' costs could they possibly have after ccj is issued. The judgement was settled weeks after it was issued by the mortgage company?

Not heard of ' the sheriffs are coming' . Assume it's a tv show.

Any other opinions?

Thrugelmir

Your mortgage company would levy their fees as well. Including their solicitors disbursements.

larks1981

I'm waiting for paperwork to confirm but from conversations with mortgage company they had no cost there side. Why would they, they didn't defend any action. Just paid a ccj when presented with one + these extra costs I am questioning. I imagine the mortgage company have added an admin charge, but that is a nominal amount.

opinions4u

The ground rent company can charge you for the unpaid ground rent, the reasonable costs of chasing you for payment, the court costs, the costs involved in contacting your mortgage lender and so on.

The lender (as are you) is in a position where, if they don't pay the whole lot, the property could end up in the hands of the ground rent company.

There is a cost to the lender of protecting their security. Administrative, computer time, building costs, management authorisation, cheque drawing, letter writing, envelope using franked mail etc. They are entitled to pass this cost on to you too. £75 is not an unusual lender's charge.

Perhaps you should have paid up a tad earlier in the process.

larks1981

Of course in a perfect world I would not have got myself in this situation but here I am and comments about what I should have done are irrelevant until my time machine is delivered. Your other more meaningful comments are of course appreciated.

However, and perhaps I have not made it clear but it's the claimants solicitors who have been paid a sum of money well in excess of the ccj amount. I have no issue with any cost levied against me by my mortgage company.

If i obtained a ccj against someone for £1000 which inc the fixed court cost I am entitled to. Would it be right that the defendant had to may me, the claimant, a sum in excess of the claimed and awarded £1000!

Thrugelmir

larks1981 wrote: »

If i obtained a ccj against someone for £1000 which inc the fixed court cost I am entitled to. Would it be right that the defendant had to may me, the claimant, a sum in excess of the claimed and awarded £1000!

If further costs are incurred in enforcing the CCJ then these too are recoverable. As a classic example balliff's.

larks1981

Thrugelmir wrote: »

If further costs are incurred in enforcing the CCJ then these too are recoverable. As a classic example balliff's.

Which makes perfect sense. In this case the ccj needed no inforement. It was paid promptly once obtained.

Thrugelmir

larks1981 wrote: »

Which makes perfect sense. In this case the ccj needed no inforement. It was paid promptly once obtained.

Did you attend the hearing?