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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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After failing in a attempt to repossess my property a

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After failing in a attempt to repossess my property a building society was ordered to pay my ex wife's (joint owner) legal costs I did not attend court) this happened in 1995. I have just found out that the costs had been debited to a second account. I accept that the six year limitations rule apply to the money involved but there is there a time limit on 'contempt of court' which the scociety has committed, if that is the case how do I persue this?
Submitted: 12 months ago.
Category: Law
Expert:  Ash replied 12 months ago.

Hello my name is ***** ***** I will help you with this.

What is the contempt of Court?
Do the Building Society terms and condition say they can debit charges to the account?

Customer: replied 12 months ago.
Hi Alex, Yes the t&c do say they can charge costs to the account but surely they do not superceed the law of the land?
Expert:  Ash replied 12 months ago.

What did the court order say about costs? You had to pay them?

Customer: replied 12 months ago.
The court order stated that the plaintive (the building society) pay the costs of the second defendant (my ex wife), they also stated 'there be no order as to the costs of the claim' the society also debited their costs (total £36k for all costs).
Expert:  Ash replied 12 months ago.

Ok. When did you find out about these costs?

Customer: replied 12 months ago.
My ex is still living in the house and all statements had been going there and I have no access to mail. Having recently retired I decided it was about time to sort things out, there was two registered charges on the property which gave us negative equity, so I proved one was fraudulent (2015) and had it removed and then in May this year obtained account information on the other via the data protection act. When I found the account anomalies I made a formal complaint and have just received the scociety said reponse which was basically saying tough! I referred this to the financial ombudsman and they say it's legal and therefore can't help. I have also been in touch with the court and they no longer have any documentation on this case, but did say I could apply for an extent on the 6 year limitation to try and recover the money.
Expert:  Ash replied 12 months ago.

Do you still have a copy of the original Court order?

Customer: replied 12 months ago.
attached. This case is quite complicated and other aspects of it are being dealt with in as much as I was advised to not attend court as it will predudice the outcome, so I did not attend got unfairly vilified but we retained the property.
Expert:  Ash replied 12 months ago.

Ok - you need to apply to the Court for an Order that they are not entitled to debit those costs.

You need to use form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

The Court will list the matter for hearing and decide whether or not they can debit these costs.

But that is what you need to do - get a declaration from the Court saying they cant charge you these costs.

Can I clarify anything for you about this today please?
Alex

Customer: replied 12 months ago.
Thank you for that. Do I need to apply to the court that made the order or my local county court?
Expert:  Ash replied 12 months ago.

Local County Court. You are seeking a declaration on this order.

Does that clarify? Alex

Customer: replied 12 months ago.
Thank you, yes I am am happy you have answered my question.
Expert:  Ash replied 12 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

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