Lenders can't charge you legal costs after proceedings issue, without a court order

Brendan Burgess

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I attended the Registar's Court today.

She made it quite clear to EBS in three separate cases, that they had no entitlement to impose any legal costs from the date proceedings are issued other than costs awarded by her. In two cases, costs had been added to the mortgage, and she ordered that they be reversed and any associated interest should also be refunded.

In case from 2013 of a Buy to Let, where the borrowers consented to an order for possession with an 18 month stay, the Registrar looked through the file. She noted that there were at least 10 adjournments, with all but one sought by EBS because of - paperwork not ready, change of name, etc. She awarded them costs of €500 + VAT.

In another case, she awarded €1,000 + VAT.
 
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