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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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My lender is taking me to court for repossession over

Resolved Question:

Hi
My lender is taking me to court for repossession over arrears of £795, I am in a position to clear those arrears, but they have said they will not stop court action unless all of the charges including the legal fees are paid for before the court date....is this something they can do?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

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

Has a court date been set please? Do you know what the legal fees are?

Customer: replied 1 year ago.
Ste for 19th SeptemberI did have a suspended order that ran out on 31st August, so they put this new court date thru on 25th AugustThey are not able to let me know the legal fees as solicitor has not confirmed themThey are some charges that I was paying off from the suspended order around £800 left....they want me to pay the £800 arrears, £800 charges, Septembers mortgage payment and the legal fees all before the 19th Sept for them to stop proceedingsI can clear the arrears and even a good chunk of the charges, but was wondering can the still carry on the court date if all arrears have been paid off.....can you still take me to court for the charges that are o/s?
Expert:  Jamie-Law replied 1 year ago.

Have you written and asked for what the legal fees are?
Have you made an application to suspend the order?

Customer: replied 1 year ago.
No will do nowUnder what grounds can I get the suspended order suspended ?? Is this the n244 form ??
Customer: replied 1 year ago.
I have just been informed the legal fees are £970 and they require everything paid before the 19th September?Any help would be gratefully appreciatedThanks
Expert:  Jamie-Law replied 1 year ago.

Ok. Yes its form n244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

You are applying to vary/set aside the possession order.

You want to vary the existing possession order so that it is dismissed.

If you pay the arrears and legal costs then the possession order should be dismissed.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
are they to go ahead with the court for just legal costs ???
Expert:  Jamie-Law replied 1 year ago.

They can do yes. But you can get it suspended on the basis you are going to pay the costs.

But they MUST tell you what the costs are - they can't just not tell you!!!!!!

Does that clarify?

Customer: replied 1 year ago.
it does, seem s crazy that they can repossess for costs and not arrearsThey said they will send me out what the costs will be
Expert:  Jamie-Law replied 1 year ago.

Indeed, but they should tell you what they are. You can contest the costs though if they are excessive.

Does that clarify?

Customer: replied 1 year ago.
all good thanks......so got to find nearly 3k to get this sorted.....
Expert:  Jamie-Law replied 1 year ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance!

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