Car mechanic problems!

[AndyOrch]

Actually its £100 without Notice ...

 

By consent or without notice where no other fee is specified £100...section 5

 

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

[needadvice1]

Ah ok thanks for that. What does "by consent" and "without notice" mean?

[AndyOrch]

Ah ok thanks for that. What does "by consent" and "without notice" mean?

 

Agreement with the other party and no notice served on the other party

[needadvice1]

Can I email this to the court and then pay the £100 over the phone?

[AndyOrch]

Yes....

 

Email to ccbcfees@hmcts.gsi.gov.uk and then make payment over the phone.

[Ganymede]

Has this case not transferred out of the CCBC to a local Court yet?

[AndyOrch]

Yes Gany but I'm sure you can still do it through Northampton....OP may need to ring to check first.

[Ganymede]

Applications will need to be made to the local Court.

[AndyOrch]

Always was the case but its in the pipeline..if not already live.

[needadvice1]

Ok this is weird..

..I made an application without a hearing.

..they want me to attend a hearing...?!

 

*n244 application

[AndyOrch]

Ok this is weird....I made an application without a hearing...they want me to attend a hearing...?!

 

Some you win some you lose...only tried to save you £155 by not requesting a hearing...but if the court insists.....a hearing it is...and extra payment.

[needadvice1]

Ah. So they will force me to pay £155?! Seems ridiculous.

[AndyOrch]

Afraid so...thats why its imperative to check all the details of the defendant before issuing a claim....and that you are suing the correct identity

[needadvice1]

I checked everything. The guy/company sued are simply liars. There is zero indication that he was a sole trader. What a joke.

[AndyOrch]

Always get a slippy one:-)

[needadvice1]

I provided all of the evidence in my letter. Don't know why a hearing is required. It's in November too! Is the defendant going to be there?

[AndyOrch]

I provided all of the evidence in my letter. Don't know why a hearing is required. It's in November too! Is the defendant going to be there?

 

Crystal Ball is in for servicing:wink:

[needadvice1]

I mean, would they have been called?

[AndyOrch]

I mean, would they have been called?

 

Yes as a hearing is required he will be put on notice to attend and served a copy of your application.

[needadvice1]

Great. Waiting til November now..Ergh....am I able to claim expenses if I win at the hearing?

[AndyOrch]

Only the cost of your application (if allowed by the Judge)...which you add yourself to the judgment amount.

[needadvice1]

Ok...thanks...guess it's a waiting game now

[Ganymede]

You can ask for your application fee of £255 and your costs back at the hearing but they won't be automatically added to the judgment amount unless they're specifically awarded by the Court. .

 

However, the default position is that the applicant (I.e. You) pays the other side's costs unless you can convince the Judge otherwise.

[needadvice1]

Thanks. I will do my utmost to convince them!!

[needadvice1]

hearing next week! I'm having to pay £255 for this bloody defendant name change!