Please I'm begging for help/advice

TotallyBroke

I'll try and keep this brief.

I got into mortgage arrears with Woolwich/Barclays. Quite a lot of money and even more with the monthly £40 charge being added.
I fell pregnant and that reeled my head in to sort out my debt problems. So I went to see a mortgage advisor that arranged with head office that on top of the £400 payment each month I would pay an additional £200. So for months this is what I did.
Then the b*st*rds took me to court for a "Possession order" nothing else just that. We went to court and I will quote the Judge "I cannot understand why we are here today. There has been an agreement of arrears payments between the two parties. Therefore I will not be granting the order for possession." He then asked me if I was managing the £200 each month. I told him I was but once I went on Maternity leave I would struggle. He then reduced my payments to £100 asking if that was ok. I agreed that amount. Woolwich/Barclays asked for a second hearing in 6months time to again ask for a possession order. This date happened and we went again. Again the possession order was not granted and I promised to pay off all the arrears by August 2007. In fact I paid them all off in July 2007.
I have now received my annual statement and it is showing two "Sundry Debits" one of £569.66 and the other £229.38. I have rang them and they tell me that these are solicitors costs for taking me to court. The letter from solicitor did say I would be liable for any costs incurred.
I always thought that if you lost a case you paid but if you won the other party was liable. But doesn't seem to be case. I won but I still have to pay.
Their response was the judge didn't change the order for me to pay the costs. Well of course he didn't because I didn't ask him to I didn't think it was neccessary (how stupid am I) so I'm stuffed. They have already been paid because it was included in the arrears amount that I paid off.
I told the woman today that I had received nothing from anyone telling me I owe £799.04 for court costs. Plus I had already been charged Litigation fees before the court case. (Showing my ignorance I thought these were the court costs). I even asked why if we went to court twice are they for different amounts. Answer because they are!!!

Getting back to the point. I have asked for them back and I have been told No. So please am begging for advice what can I do? Am I able to get that money back even if it means going to court. I did say to her I would be seeking advice on this and I would be changing my mortgage company. But of course I can't because no other company will touch me now with my history of defaulting on the mortgage. So I'm up s**t creak without a paddle.

Please please help me

Rick62

I'm not an expert on legal hearing and costs, but I think the first thing you should do is ask for their formal complaints process. Then you should make a formal written complaint to Woolwich/barclays and if this does not produce a satisfactory result you can then take your complaint to the Financial Ombudsman Service (FOS).

Barclays will have to meet the cost of the FSO (no charge to you) and if they rule in your favour then Barclays are bound by their finding, if they rule against you you can still, if you want, persue other actions.

Good luck!

homer_j_3

Sorry to hear that you have found yourself in this position.

I think what you need to do is swallow it and accept that you have been stung for this. The solicitor charges are what the solicitors will have cost to try and remove you from your home.

That said, you could always put a letter to them as an official complaint, clearly stating that you made an agreement and stuck to it and that you do not feel that the court orders etc were warranted and take it to the ombudsman if you feel that strongly and justified. I am not sure if it will get you anything but if you don't try...

Finally, when you look at the options in your current situation, that creek you are in - it may be murky and smelly and floating without a paddle could be seen as not the nicest of places but you try and move and you will be out of the boat and swimming in it!

Keep your nose clean for 12 months and you should be ok after 12 months to start looking elsewhere.

Seriously - well done for the change in attitude to debt, the new baby (if arrived yet) and for working through it.

TotallyBroke

Thank you to you both for your replies. One going one way the other the other. The thought of swimming doesn't sound good at all. I'm just so chicken about fighting them. I've ummed and ahhed about claiming back bank charges for so long I think I've missed the chance. Was going to try for the charges on the mortgage too but but chickened out of that as well. I think I'll compromise I leave the £799.04 court fees and hit them with the unfair charges totalling almost £3000 between both accounts. This weekend is going to be a pull my finger out weekend and get things done.
Oh and my darling son is now 9months old and I will never let him get into the same state as me. Ever I promise.

mightymouse

Hi

I would tell your lender to add the costs to the mortgage ie payable over the remaining term of the mortgage.(ie a £1 or £2 per week)

Then take some time out to have a look at what you can reclaim.

TotallyBroke

Hi unfortunately these costs have already been paid in full. Because Woolwich included them in the arrears amount I paid them when I paid off the arrears.
Thanks to you all for your advice I'm going to speak to CAB and I think I will print off the letter asking for the charges back on the mortgage.