Who pays for repossession actions dismissed and then re-raised?
If you've been taken to court in Scotland for mortgage repossession, and your case was dismissed and then re-raised for technical reasons, you may have been charged twice for your lender's legal expenses, along with additional administrative charges.
Lenders generally add their legal and enforcement costs onto a customer's mortgage. This free site explains how you can complain and try and get the costs - which can be several thousands pounds - refunded or deducted from your mortgage account and balance.
In Scotland, several thousand cases have been affected by, or dismissed in light of, the UK Supreme Court decision in RBS v. Wilson [2010] UK SC 50, and GLC's case of NRAM v. Millar 2012 SLT (Sh Ct) 58. Sometimes lenders have chosen to dismiss proceedings to avoid any potential competency challenges, and then re-raised them in court. However, all of this work has to paid for by someone, and we don't think it's fair you are charged twice!
Lenders generally add their legal and enforcement costs onto a customer's mortgage. This free site explains how you can complain and try and get the costs - which can be several thousands pounds - refunded or deducted from your mortgage account and balance.
In Scotland, several thousand cases have been affected by, or dismissed in light of, the UK Supreme Court decision in RBS v. Wilson [2010] UK SC 50, and GLC's case of NRAM v. Millar 2012 SLT (Sh Ct) 58. Sometimes lenders have chosen to dismiss proceedings to avoid any potential competency challenges, and then re-raised them in court. However, all of this work has to paid for by someone, and we don't think it's fair you are charged twice!
The Govan Law Centre Trust (GLC) is a community controlled legal resource. Scottish charity no. SCO30193.
