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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22620
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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How do I claim costs from my mortgager after getting eviction

Customer Question

How do I claim costs from my mortgager after getting eviction suspended
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
-Could you explain your situation a little more?
Customer: replied 4 years ago.

Yes


 


Mortgage company wants to evict us for arrears situation, but figures provided by them are wrong and I can prove, I have application in court for a hearing to suspend eviction based on affordabilty and can prove , have sent all documents asked for by Mortgage company for proof. This Morgage Bank has already fell foul of FSA once and we have had some recompense, I have complained to them on numerous occasions about there conduct and have reported them to FOS

Expert:  Stuart J replied 4 years ago.








So are
you saying that they are not entitled to evict you and that there are indeed no
arrears?



Customer: replied 4 years ago.

No There are arrears and we have been sticking to the agreed monthly reduction of those arrears plus normal monthly Mortgage payment

Expert:  Stuart J replied 4 years ago.








In
which case, it is most unlikely that you would get the costs of having an
eviction order set aside awarded in your favour because there are arrears and
they appear to be entitled to apply for eviction. It's just that the judge has
decided, for whatever reason, that it is not appropriate at this stage.



It
is something that should have been dealt with when you were at the hearing to
set the eviction aside and you would be now faced with making a further
application. If the further application fails, you stand a chance of actually
getting the costs of the further application awarded against you. It is not
something that I would recommend.



If
this is a case whereby you had agreed that they would not apply for possession
or eviction, provided you made certain payments and that you make those
payments without fail, as agreed, but regardless, they applied for possession
and eviction, then there is a possibility that you may get costs, but no
guarantee and it depends if you want to take that risk.



I
appreciate that this is not the answer you wanted, but there is no point in me
misleading you.



Can
I help further?



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The thread remains open for us to continue this exchange



Can
I help further?



Customer: replied 4 years ago.

Thank you for that


 


If they now cancel the eviction themselves is there then a case for costs awarded to us

Expert:  Stuart J replied 4 years ago.

By all mens ask and send them a bill and threaten court application but beware of the risk of going to court.

If u dealt yrself, then costs are £18/hr plus expenses

Customer: replied 4 years ago.

Banks solicitors have issued a letter confirming a discontinuence, so I guess we can now go for costs from them

Expert:  Stuart J replied 4 years ago.
It is certainly worth a go. Might be worth small claim.
Customer: replied 4 years ago.

Thank you for your help

Expert:  Stuart J replied 4 years ago.
Glad to assist