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Ask Ash Your Own Question

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I am considering taking my Mortgage provider to court to claim

Customer Question

I am considering taking my Mortgage provider to court to claim wasted costs in there abortive attempt to take possesion of our home (this is the third attempt each time the court has stopped it), so cosiderable wasted costs have been racked up by me and each time they put £350 solicitors fees onto our mortgage account, so want a little help with this

1---How to word the N1 form
2---How to add interest to the total

Etc Etc
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Sorry if i am missing the point but isn't there a contractual obligation that they can add fees to your account?
Customer :

Yes, we are taking about DBM. yes there is a contractual obligation that they can add fees to the account, but over the years they have had at least 10 go's to remove us from here and I have challenged them on 2 occasions about there solicitors fees and won (in court)

Customer :

Now I am wanting the wasted costs from my point of view regarding experts costs that I have had to pay in defending this, including reasonable costs for my time etc etc

Alex Watts : Did the court make an order saying no order as to costs?
Alex Watts : I am just on the train so may be on and offline
Customer :

Forgot to add, although there solicitors had a repossession hearing date the last time, it did not go to court as there argument was rubbish ( I was quite happy to go to court), so the last time was stopped before court (and again £350 was added to account)

Alex Watts : When the application was dismisssed did the Judge say there be no order as to costs?
Customer :


Customer :

I will leave open but have to go for now

Customer :

Back again

Alex Watts : Ok. It's bad news I am afraid.
Alex Watts : They have a contractual clause that allows them to charge you for the legal fees.
Alex Watts : This means they legally they have the power to do this.
Alex Watts : Only the court can stop costs.
Alex Watts : The only way you could have done this is when their application was dismissed that a judge made an order saying no order as to costs.
Alex Watts : If the judge did not make an order saying no order as to costs then sadly the costs can be added to your account.
Alex Watts : If you sued them for these costs back then any costs they incur as a result of the proceedings could be added to your account,
Alex Watts : The judge needed to have said no order as to costs and he did not.
Alex Watts : I fear if you bring a claim then the costs of defending it would be added to your account.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
Customer :

What about my wasted costs other than those solicitors costs, that is my expert help for my defence and my time in reseach as to to points of law etc etc

Alex Watts : Then you should have claimed these at the hearing, you can not now claim this as it is a decided matter,
Alex Watts : If you had raised this at the hearing then the judge could have awarded these.
Alex Watts : But sadly it is post hearing and too late.
Alex Watts : I am sorry,
Alex Watts : Can I clarify anything?
Customer :

I will be back to you tomorrow Thanks for now

Alex Watts : Ok, have a good weekend,
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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