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N244 Application fee to rise from £155 to £255 on 21st March 2016

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If a person receives notification of a County Court judgment that they had not known about, (normally because the summons etc had been either sent to a previous address or had been incorrectly addressed etc) then they can approach the court to request that the judgment be 'set aside'. The procedure is outlined in the following 'Sticky'.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?454644-What-Form-What-For-Where-does-it-go

 

An application to 'set aside' the judgment or to 'stay' the proceedings is made on a court form called an N244 (known as a General Application).

 

At present there is a court fee for filing an N244 of £155. If the person submitting an N244 is in receipt of qualifying benefits, they may be exempt from paying this fee. They would be required to complete an EX160 form.

 

Last year the government issued a Consultation paper to seek views on increasings the fees for N244 applications (and many other court fees as well). There was an overwhelming response opposing the fee increases. Despite this, the cost of filing an N244 Application is to rise from £155 to £255.

 

There are many other fees increases, one being the court fee for issuing a claim in the County Court. If a claim is made for a value of between £1,000 to £5,000, the issue fee will be £205.

 

The link below is to an article from the Law Gazette. The online comments are worthy of reading!

 

http://www.lawgazette.co.uk/news/senior-judges-lambast-government-over-court-fees/1/5053272.article?PageNo=1&SortOrder=dateadded&PageSize=10#comments

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Have copied this to Financial Legal forum as well.


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Thank you.

 

This increase in the set-aside fee favours the experienced professional against the inexperienced and are confident litigant in person.

 

It is the litigant in person who, through their own fault or because of inadvertence, will fail to respond quickly to claims or who will miss out important steps in the litigation process.

 

It is the litigant in person who is far more likely to use a form N244 and who will therefore find that there is yet another obstacle in the path when they get involved in litigation.

 

I can imagine that the majority of people who were in favour of this are members of the Court Users Association


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The above fee increase will have a devastating effect on the large number of vehicle owners who have received notification from an enforcement agent (or worse still, have had their vehicles removed) in relation to a penalty charge notice that they had been unaware and where all statutory notices had been sent to a previous address. Presently, the individual can file an Out of Time witness statement at the Traffic Enforcement Centre.

 

If that application is rejected (which sadly is the case with many of these applications) then the individual may have the rejection reviewed by the District Judge. A review can be made in two different ways:

 

Without a Hearing

 

The review will be conducted by a District Judge at Northampton County Bulk Centre. The individual will not be able to attend. The court fee for this application is currently £50. This fee is to rise to £100.

 

At a Hearing

 

This application requires the individual making the application to attend their local county court in person. The court fee for this application is £155. This fee is to rise to £255.

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Despite there being ongoing arguments about these fee increases, a draft Statutory Instrument had been issued but as yet, has not been formally made as a Si.

Edited by Andyorch
edited

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It would seem that not only does the government want to make the courts pay for themselves, they want to make a profit. Either that or they want to discourage the innocent impoverished low and middle earner from seeking redress against a Council PCN, or a Parking Eye invoice. Very nasty.


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Uploading documents to CAG ** Instructions **

 

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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

 

 

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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

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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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The N244 application for a hearing is also used in home repossession situations where an eviction notice has been issued - currently if you have an eviction notice the fee for the N244 is £50 - what will this be when the fees are increased ? people in this situation are obviously struggling and to increase the fee for a hearing to keep the roof over their heads is despicable.


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I think that I am right is saying that the fee for filing a request in the County Court to 'vary' the court order by way of an N245 Application is also to rise from £50 to £100.

 

My personal opinion (and one that the government disagrees with) is that this fee increase will greatly affect people on low incomes who cannot afford to pay a county court judgment in full and instead, wish to apply to the court for the judgment to be paid by way of affordable monthly payments.

 

The governments view, is that families or individuals on low incomes will not be affected by the rise in either the N244 or N245 applications given that protection is in place to protect low income families by way of an EX160 application (exemption from court fees).

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The N244 application for a hearing is also used in home repossession situations where an eviction notice has been issued - currently if you have an eviction notice the fee for the N244 is £50 - what will this be when the fees are increased ? .

 

That particular fee will also rise from £50 to £100

 

Once again, the government are of the opinion that low income families will not be affected by this fee increase as they will likely be exempt from court fees by completing the EX160 form. .

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Criminal. Those who have no means to pay are prevented from gaining access to justice. TB

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Some of us that post in the debt forum will/may assume if a DCA goes for a default Judgment (undefended/wrong address) I.E. they send the claim to the last known address on their systems, but somehow manage to find the debtor once the Judgment has been handed down. By then all of newer higher fees are added by the DCA)) which are then added to the debt .

 

 

Once all of that is added then the first thing they may know (the debtor) know is that an EA/HCEO is knocking at their door. Then your post comes in to play and the debtor then has to apply for a set aside and or a variation order N244/N245... More fees for the debtor...

 

 

So the only winners will be the Court Service for fees, then the EA for his fees. After all that the debtor has a much larger debt to pay and could see it rise above the £1500-00 mark to allow the EA to add interest and more fees...

 

 

Damn, people had better start getting their financial affairs in order very quickly. They should seek advice from the various approved debt sites.... If they do this now if/because they are in financial hardship now. The debtors should most definitely speak to their creditors before defaults are placed and or Court action starts... This includes fines/credit/rent/CT and anything else you can think of...

 

 

All this because a debtor possibly moved or became an Ostrich (head in the sand) and failed to notify a change of address or failed to talk to their creditors and then their creditors and getting a default Judgment...

 

 

 

 

In the end could this mean that there may be a serious increase for people going/being made Bankrupt... (more fees)..


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This one could backfire on them big time when more people cannot afford the fees and fall through the exemptions trap.


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What sort of increase in fees will/may be added to the N316 form? (To force a debtor other to attend Court) See here >> http://justclaim.co.uk/court-forms/N316-debtor-questioning.html

 

 

N316 Application for order that debtor attend court for questioning

 

Form N316 is used by the claimant, once they have won judgment, to bring the defendant to court for questioning. This used to be know as a 'Request for an Oral Examination'. The new title is less ambiguous but rather longer. This can be useful in trying to establish whether the defendant has the means to pay.

More details on how to fill in this form can be found in our guide.

 

 

Some very interesting remarks from a search here >> https://www.google.co.uk/#q=Court+fees+due+for+increase+in+fees&cr=countryUK%7CcountryGB&tbs=ctr:countryUK%7CcountryGB,qdr:m

re: these increases, see what the Barristers are saying...


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Some very interesting remarks from a search here >> https://www.google.co.uk/#q=Court+fees+due+for+increase+in+fees&cr=countryUK%7CcountryGB&tbs=ctr:countryUK%7CcountryGB,qdr:m

re: these increases, see what the Barristers are saying...

 

Looks like MOJ are getting a kicking over these increases equal to the kicking of CPS for chasing Journo's, Leon Brittain and the field Marshall.


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https://consult.justice.gov.uk/digital-communications/proposals-for-further-reforms-to-court-fees/supporting_documents/cm8971enhancefeesresponse.pdf

 

As far as I am aware there is no reference to N245 applications..the above is only in connection with the N244 (with or without an hearing) and possession claims.

 

Read from General Applications 105

 

Regards

 

Andy

 

Further...

 

https://consult.justice.gov.uk/digital-communications/further-fees-proposal-consultation


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This I think is just the beginning, many more cuts and increases in the next few years. I am very curious to see what they are. I for one will be clearing my credit cards up and handing them back in the very near future.

 

 

So many comments in my link above so will be looking in to what has been stated by the vary legal departments across the board...


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https://consult.justice.gov.uk/digital-communications/proposals-for-further-reforms-to-court-fees/supporting_documents/cm8971enhancefeesresponse.pdf

 

As far as I am aware there is no reference to N245 applications..the above is only in connection with the N244 (with or without an hearing) and possession claims.

 

Read from General Applications 105

 

Andy

 

Further...

 

https://consult.justice.gov.uk/digital-communications/further-fees-proposal-consultation

 

Thank you Andy. I think you are correct.

 

I will get a copy of the draft Statutory Regulation posted shortly.

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Around 10 days ago (26th January to be precise) the Commons Select Committee summoned three senior members of the judiciary to the House of Commons to ask for their assessment of the effects of the increases in the court fees /enhanced fees. Those attending were:

 

Lord Dyson; Master of the Rolls

Sir James Munby; President of the Family Division and

Sir Ernest Ryder; Senior President of Tribunals.

 

I was watching the debate live on TV at the time and it was extraordinary to hear the highly critical comments from Lord Dyson. Most interesting, was his comment regarding the research (or rather, the lack of it) that had been undertaken by the government regarding the level at which to increase fees by. In this respect he stated the following:

 

"We have warned of the real dangers and we also warned that the research was lamentable. The first time round, they (the government) made 18 telephone calls, 12 of them to big users of the court. The number got up to 31. And so, I am afraid that the rearch was hopeless. The impression I had was that such was the need to rush this thing through"

 

 

Anyone with an interest in this subject really should watch the video of the hearing (link below). It is well worth it.

 

http://www.parliament.uk/business/co...vidence-15-16/

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There is also a video from the SRA they too have a video I will post up the details shortly. They are against it too.

 

So what happens next?


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There is also a video from the SRA they too have a video I will post up the details shortly. They are against it too.

 

So what happens next?

A possible back track?


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A possible back track?

 

Possibly...who knows.

 

Clearly the entire court system is being reviewed. Just today, it has been announced that the Justice Minister is now looking carefully at fixed costs in civil proceedings. There are a number of links to the report but I have chosen this one as the comments at the foot of the article are worth reading.

 

http://www.lawgazette.co.uk/law/justice-ministry-backs-jackson-on-fixed-fees/5053474.article

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At post #21 I made an error in the group I quoted, It was not the SRA but the Law Society I am sorry if anyone went looking for the report. Therefore I wish to add the correct information. you can watch the video here >> http://www.lawsociety.org.uk/news/blog/presidents-video-blog-december-2015/

 

 

I have also added the December monthly report...

North West monthy report January 2016.pdf


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An interesting point at 57 seconds till 1m15s looks like the review will start this spring about time ... see the blog video link above...


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