Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder Acerfan Novitiate Acerfan's Avatar



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    Default Do I have to pay court fees? Please help!!!

    I've got to work out if I'm entitled to fee exemption before I can take anyone to court - I phoned the court and asked a while ago & they said they thought I would be, but phoned again today & she was so unsure it worried me!!

    She said that income doesn't matter & you'd be entitled to exemption if you're in receipt of certain benefits. Income only makes a difference if you don't receive the benefits & in that case you might be entitled to remission.

    Can anyone help?

    My partner receives DLA & we also get working tax credits with a disability element. The tax credit cheques are made out to me (I work full time, he's self employed), so are the tax credits mine or his? The reason I ask is we have several cases between us (although I'll be representing him) & I'd quite like to know which ones we might have to pay for (we might be entitled to remission as well - just not sure)

    I hope someone can help. Is anyone else in the same position or has been through this with the courts?

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  2. #2
    Royalties Account Holder Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative



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    Default Re: Do I have to pay court fees? Please help!!!

    What if I cannot afford the fee?
    The fee you will have to pay to the court will depend on the amount you are claiming, including interest. You will have to pay a court fee unless:
    • you or your partner receive Income Support;
    • you or your partner receive Pension Credit guarantee credit;
    • you receive Income-based Job Seeker’s Allowance;
    • your gross annual income is 15,050 or less, and you receive Working Tax Credit with a ‘disability element’ or ‘severe disability element’;
    • your gross annual income is 15,050 or less and you and your partner receive Working Tax Credit and Child Tax Credit between you;
    If you show that the payment of a court fee would involve undue hardship to you, the Court Manager may reduce the fee or “remit” (say you do not have to pay) the fee.
    For further information, or to apply for fee exemption or remission, ask the court staff for a copy of the combined booklet and form EX160A - Court Fees - do I have to pay them? This is also available from any county court office, or from our website www.hmcourts-service.gov.uk. You will have to make a separate application for each fee that is payable.



  3. #3
    Basic Account Holder Acerfan Novitiate Acerfan's Avatar



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    Default Re: Do I have to pay court fees? Please help!!!

    Hi,
    Thanks for getting back to me. The woman at the court couldn't tell me what the income cut off point was. Looks like I'm just over it. Can you tell me how it works when the court forms are filed? If I take all the forms together including the exemption/remittance form & they decide I have to pay, do I have to pay straight away? The problem is that I have no money whatsoever at the moment so would be really stuck if I had to pay straight away

    Thanks for your help


  4. #4
    Royalties Account Holder Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative



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    Default Re: Do I have to pay court fees? Please help!!!

    The best thing to do is submit EX160 first. They will then inform you whether you're exempt and then you can submit the N1, rather than submit both together and then have to wait to find out if you need to pay anything or not. You have to make a separate EX160 application for each claim and again for the aqicon fee if a claim is over 1500


  5. #5
    Basic Account Holder Acerfan Novitiate Acerfan's Avatar



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    Default Re: Do I have to pay court fees? Please help!!!

    Thanks,
    will do that


  6. #6
    Basic Account Holder reggie66 Novitiate



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    Default Re: Do I have to pay court fees? Please help!!!

    I Am Waiting To See If The Judge Goes For A A Court Date As Both Myself And The Bank Have Put Our allocation questionnaireicon In. I Reckon Its Going To Be Months Away, Does Anyone Know The Average Wait For A Court Date? Hoping Then Just Before, The Bank Will Settle.



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