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
So areyou saying that they are not entitled to evict you and that there are indeed noarrears?
No There are arrears and we have been sticking to the agreed monthly reduction of those arrears plus normal monthly Mortgage payment
Inwhich case, it is most unlikely that you would get the costs of having aneviction order set aside awarded in your favour because there are arrears andthey appear to be entitled to apply for eviction. It's just that the judge hasdecided, for whatever reason, that it is not appropriate at this stage.
Itis something that should have been dealt with when you were at the hearing toset the eviction aside and you would be now faced with making a furtherapplication. If the further application fails, you stand a chance of actuallygetting the costs of the further application awarded against you. It is notsomething that I would recommend.
Ifthis is a case whereby you had agreed that they would not apply for possessionor eviction, provided you made certain payments and that you make thosepayments without fail, as agreed, but regardless, they applied for possessionand eviction, then there is a possibility that you may get costs, but noguarantee and it depends if you want to take that risk.
Iappreciate that this is not the answer you wanted, but there is no point in memisleading you.
CanI help further?
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Thank you for that
If they now cancel the eviction themselves is there then a case for costs awarded to us
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
Banks solicitors have issued a letter confirming a discontinuence, so I guess we can now go for costs from them
Thank you for your help