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Hello. I am a solicitor with over 15 years experience. I will try to help you with this.
Can you describe the circumstances a bit more please? Have they failed to get a possession order? Have they got a suspended possession order? Have they failed to have a warrant of execution ordered? What orders have been made re: costs and what costs have you incurred? Were you represented by a solicitor? If so what did he charge?
Ok, here goes
They have got a suspended possession order and failed to have a warrant of execution ordered, there have been solicitors costs added to our mortgage 3 times and they have not removed them saying that is tough etc, I have represented myself at all times , but have had some help from a legal representative who charged £400 my costs have been in the region of £300 and I have put interest on total. I have sent them an invoice for the amount which they never responded to so I am considering taking them to court etc
Have the solicitor's costs that have been added to the mortgage been ordered by the court or put there under the terms of the mortgage contract?
Terms of the mortgage contract
Generally questions of costs (ie who pays whose costs rather than the amount of the costs) are dealt with at the hearing. What did you do about this at the time?
Nothing I thought I could not claim costs for this
That is why now I was wondering about "Wasted Costs"
I think you won't be able to claim anything in costs here. If the lender got a suspended possession order then they have effectively won the case and would likely be entitled to costs against you. It sounds like they didn't do this and chose to get the costs through the mortgage contract instead. In terms of attempts to get court orders to enforce the order then you might have been on stronger ground at the time but he court will have considered the question of costs at the time and made what orders if any it considered appropriate. It may well not have made any orders for costs. If you go to court seeking costs it is unlikely you would succeed and your mortgage lender would very likely add their costs of defending your application to the costs they have already added to your mortgage.
Wasted costs simply don't apply to this situation.
Ok Thank you