I am currently in court with my mortgage lender in respect of around £1000 worth of arrears charges that I would like back. In my original mortgage contract it does state that they can add to my mortgage the cost of any litigation required if I was to take them to court. This has now happened I have received a letter this morning letting me know that they have added nearly £2000 to my mortgage for "costs due to litigation action" Has anyone else come across this when reclaiming arrears fees?

Ok, so I have just settled a case in my favour and have been paid an amount + costs which still have to be agreed. Can I now ask for £18.00 per hour even though the time I spent was over the last 14-15 months or will I only be allowed to claim the £9.25 as the work was done in the lower rated period? Thanks again

I have done that, I think my local post office love me I have spent so much on recorded delivery over the last 12 months. The next fun project will be working out my costs! Thanks again and have a great weekend

Thanks I'll sleep well tonight!

Hi, They have not served any notice of a change of terms or a withdrawal of offer. In fact they have been completely silent until I called them out of frustration. The judge did not accept that I had accepted the part 36 offer initially as I had also accepted the global offer in the same letter. I re-accepted the part 36 offer (correctly this time) on the 2nd of September in writing and at the same time withdrew the global offer I had earlier accepted. They have not put anything in writing about changing the terms of the offer or withdrawing the offer, but were quite happy to tell me on the phone they were considering it. So no withdrawal or change of terms notice= no worries?

Hi, I have had a look at 36.3 it looks like they can change the terms only if they withdraw the offer before I accept it. I accepted the offer just over a week ago and the only mention of adding terms to the offer has been by telephone so I'm hoping they are just trying it on. They have not at any point withdrawn the offer.

So in a nutshell once I have accepted an offer I don't have to accept any further offers unless I want to and the original offer will still stand. So if you look at my original post I have now accepted the part 36 section in full and final settlement. Can they add terms to that offer even though I have now accepted it?

No it's still the one and only part 36 offer at the moment. Which they have not withdrawn. So I guess I just wait now. I will take a look at the case you mentioned and thanks for your time. The only concern that I had was that they could change the terms of an offer I had already accepted. Do you know if summary judgement on their failure to pay will be heard by the judge in court with all parties present or just given automatically once I apply for it?

They have not removed there part 36 offer and I have accepted it around a week ago. At the same time I withdrew my acceptance of the global offer as they had not responded or returned any of my letters or e-mails. I am sure I am ok with the part 36 acceptance now but they have mentioned changing the terms of the part 36 offer, which I am looking for a little reassurance they cannot do?! Guess I'll just let it run the 14 days and then apply again for summary judgement

No the part 36 offer is still in place and has not been withdrawn. I got the summary judgement idea from the ladies in the court office!

Just an update to this unfortunately the Judge would not give summary judgement on the Global offer as it was an "out of court offer" so I have now withdrawn my acceptance of the global offer and instead accepted the part 36 offer. The defendants have now told me that they wish to add additional terms into the part 36 offer that I would rather they didn't do they have any right to do this?

There goes another £400 for the court fee!

Well they still haven't withdrawn either offer! No word from them at all, even after several letters and e-mails from myself asking for payment of the 20k "as agreed" It has now been 14 days since the offer was accepted by myself and they have not even been in touch let alone told me how and when they will make payment. Would I be able to ask for summary judgement for the 20k?

When you say re-affirm my acceptance of either offer do you mean I should choose which one I would like and accept that one on its own rather than as it stands at the moment where I have asked for the global 20k but if it is no longer available I would like to accept the 15k part36 + costs. Which of the two would be the safest to confirm my acceptance of without them pulling out of it easily?

Has anybody got anything else to help?