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Can you tell me what the basis of his claim for £23k is please?
Was the house remortgaged without your knowledge ir did the existing mortgage remain in place until the time of sale?
Thanks for clarifying.
If the property was remortgaged whilst still in your name, you should have been aware of this. If it was a joint mortgage any change to the mortgage would have required both signatures.
Did he write to you before the court application for sale to ask for your permission/ cooperation?
Has he presented you with a bill for costs? £23k is very high for an uncontested application that on your account was not necessary as you consented.
If the mortgage remained with the same company then it may have simply rolled on. Initial deals are time limited for discount rates but the whole term is usually for the duration of the mortgage. So the fact there was a time lapse between you leaving and the house being sold is not in itself an indication that there has been foul play.
If this is an order for costs made against you, and he did not even notify you until the last minute that he was going to apply to court to apply for the sale - and you have evidence of this - then you should have a defence against the costs order.
When someone applies to court they are supposed to follow a reaction protocol - which means they have to notify you of their intention to apply to court if you don't consent to the sale and also invite you to mediation to try and resolve it without having to apply to court. If none of this was done then you have a good argument to say that the costs claimed should not be sought from you as you would have consented had he simply asked - basically that the show process involving a solicitor and a court application was pointless! The court summons is your opportunity to explain this to the judge. Obviously if he did try all of the above steps and you ignored him then you have less of a defence here.
I hope that's clear?
Yes I think its worth speaking to a solicitor to see if they can head off the costs issue for you. It sounds like much of the correct procedure was not followed - this limits your liability for these costs.
Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.
My pleasure. Have a good evening.