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Please help ask the government not to increase the fee for a general application in civil proceedings to £255


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The government are proposing to increase the court fee for a general application in civil proceedings ( the N244 application used to ask to set aside a default judgment, apply for a stay, compliance with a 31.14 request, strike out a statement of case... and so on ) from £155 to £255.

 

A large number of people who receive a court claim need to use an application at some point during the defence of their case.

 

I believe this is a disproportionate rise and will have a detrimental affect on vulnerable consumers and only serve to further restrict access to justice.

 

I have started a petition to ask Government to reconsider. PLEASE SIGN

 

Last year the government held a consultation, 96% of respondents, including the law society and money advice service said NO to the raise. Yet the government have decided to go ahead with it regardless. You can see that consultation http://www.parliament.uk/business/committees/committees-a-z/commons-select/justice-committee/inquiries/parliament-2015/inquiry-name/

The rises also include divorce court fee rising by £140 and the maximum court fee doubling from £10k to £20k for bringing high value cases ( such as for medical negligence / personal injury ).

 

I'm concentrating on the Application fee as this affects everyone who has ever received a court claim or default judgment.

 

Applications are generally made ex-parte in the following situations.

 

• to suspend a possession order to pay back mortgage or rent arrears in instalments;

• to suspend a warrant of possession for rent or mortgage arrears;

• to pay a county court judgment in instalments;

• to vary the terms of an instalment order on a county court judgment;

• to suspend a warrant of control to stop enforcement agent action;

• to pay the warrant in instalments as part of the suspension of a warrant of control;

• to ask for a stay of execution in the High Court to suspend a writ of control

• to ask for a transfer to your local court for a hearing;

• to vary the terms of a charging order or to pay by instalments on a charging order;

• to apply for a time order in the course of proceedings for eligible agreements under the Consumer Credit Act 1974 (secured loans, hire purchase and conditional sale agreements and unsecured loan agreements);

• to set aside a judgment made in error or where there is a defence to the claim;

• to vary the terms of an attachment of earnings order or to apply for a consolidated attachment of earnings order.

 

I have started a petition to ask Government to reconsider. PLEASE SIGN and PLEASE SHARE

 

https://petition.parliament.uk/petitions/104762/

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Signed - I think you might need to also pop this up on twitter and face book at the moment there is only 140 signatures + mine :)

 

I have tweeted it for you.

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I think you have listed quite a few ways in which it WILL affect people - so lets hope you get sufficient signatures.

 

IMHO, it is already quite expensive to make this application, it would appear they are almost doubling it !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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