added on fees to Mortgage

beetlebug769

i have a mortgage with westbromwich and missed several monthly payments , 18 months ago ,i got served with court papers for reposession and the day before the court case managed to pay all the arreas in full...... so got away with out going to court .
westbromwich sent me a letter stating even though we had payed the areas off were slamming all the court costs on to my mortgage of £1,000 , are westbromwich allowed to do this as i cleared all the arreas and didnt go to court!!

123oleary

yes , they still incurred costs in making arrangements to go to court.

UK007BullDog

I am bumping this thread up because I am not sure if they can do this. But maybe one of the seasoned MA's can answer this. Alternatively visit the debt free wannabee board and ask there as well. but change the title of your post to "Court costs of repossession added to mortgage".

utterbar

They can do this. Your mortgage contract will contain a clause stating something along the lines that they are entitled to recover all costs of enforcement action from you and that these will be added to the mortgage debt. There's also a legal presumption that these costs will be reasonable and will have been reasonably incurred and under part 48 of the Civil Procedure Rules the mortgage company doesn't require an order for costs when taking action to enforce its mortgage.

Although you didn't go to court West Bromwich would have had to pay the (a) court fees to book the hearing, (b) solicitors fees to prepare and issue proceedings, (c) possibly fees for a legal representative to attend the hearing and request an adjournment and (d) any other costs they've incurred.

There's probably nothing you can do from a legal angle but it might be worth asking them to itemise the costs and see if there's anything you can quibble with.