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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Court Fees = Updated Oct 2023


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  • 10 months later...

Kept this quiet didn't they ?

 

 

Controversial rises in court fees will come into force next Monday barring a parliamentary upset, the Gazette can reveal.

 

The 5% levy on all claims over £10,000, up to and including claims valued at £200,000, was approved at the delegated legislation committee stage in the House of Commons last week.

 

A further debate will be held in the Lords this week, and subject to clearing that hurdle the fees will come into force on 9 March.

 

The Law Society, other legal professional bodies and judges have condemned the changes as a threat to access to justice. Under the new scheme all money claims of more than £10,000 that go to court will be charged 5% of the value of that claim.

 

Read the full article -

http://www.lawgazette.co.uk/5047192.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ020315

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Some case studies were done showing the impact...

 

The Society said it has collected case studies from solicitors showing what impact the fees would have on ordinary people seeking justice.

 

One concerned a pensioner with a claim against a financial adviser for the loss of his entire pension fund, for which the fee for applying to begin court proceedings will increase from £910 to £5,000.

 

Another case study found that a young girl with brain damage due to a failure by doctors to diagnose meningitis as a toddler will now require £10,000 to mount any fight for a secure financial settlement.

 

 

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The proposed increase in the N244 fee from £155 to £255 is also going to make it very difficult for public to make applications that honestly, in many cases where they are a defendant, they should have the right to make for free.

 

£155 was taking 'the proverbial' somewhat to start with.

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I agree, Ganymede, it sounds like disempowering ordinary people.

 

HB

The Law Society, along with other professional legal bodies, have sent a letter before action notifying the MoJ that they are going to take this to a Judicial Review.

 

Hopefully the fee increases can be reversed.

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The fee increase which is coming in next week should only affect claims for more than £10,000. I personally don't feel too strongly about this. Hopefully the MOJ will use the money to improve the service offered in the county courts, which can sometimes be an utter shambles, but I'm not holding my breath.

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I agree, Ganymede, it sounds like disempowering ordinary people.

 

HB

 

Thats the conservatives for ya.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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  • 1 year later...

https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court

 

 

In possession claims the fee for issuing proceedings will be increasing from

£280 to £355 and for those who lodge online through PCOL from £250 to £325

 

In general applications within civil proceedings the fees will be increasing

from £155 to £255 for an application on notice and from £50 to £100 for an application

by consent/without notice.

 

These increases will not apply to general applications made within protection from harassment claims or applications for a payment out of court funds.

 

Nor will they apply for applications within insolvency proceedings where the existing fees for general applications will continue to apply

 

 

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  • AndyOrch changed the title to Court Fees = updated Aug 2020
  • 1 month later...

We could do with some help from you.

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  • AndyOrch changed the title to Court Fees = updated May 2021
  • 5 months later...
 

Pay civil or family court fees or tribunal fees, get help with fees if you're on a low income or getting benefits.
WWW.GOV.UK

Find out the main fees if you need to make a MoneyClaim, get a divorce, or you are involved in another type of case in the civil or family courts.

 

We could do with some help from you.

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  • AndyOrch changed the title to Court Fees = Updated Oct 2023
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