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Do I get court fee's back?

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  • Do I get court fee's back?

    First time I have done this and I am abit confused about what happens with fees.

    I've paid for the judgement, warrant, questioning to court and now looking to pay for a third party debt order. Does the debtor have to pay the fees? and if so who is keeping track of the fees I have paid?

    I notice a lot of forms have the following:

    "The judgment or order required the judgment debtor to pay £_____ (including any
    costs and interest). The amount now due is £_____ [which includes further
    interest]."

    Is the second blank where you add up the fees you have paid?
    Tags: None

  • #2
    Firstly what is your understanding of a third party debt order? As in what do you think you will achieve by getting it?
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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    • #3
      Originally posted by jaguarsuk View Post
      Firstly what is your understanding of a third party debt order? As in what do you think you will achieve by getting it?
      My understand is that it freezes their bank account, which would maybe make them more willing to pay.

      I am most probably wrong, however I am unsure what to do if nothing comes from the questioning.

      Comment


      • #4
        Originally posted by Enaver View Post

        My understand is that it freezes their bank account, which would maybe make them more willing to pay.

        I am most probably wrong, however I am unsure what to do if nothing comes from the questioning.
        Yes it does and other financial assets, I just wanted to check as often people believe it to be a way to get a third party (employer or tenant) to pay money owed to the defendant for the judgement instead of the defendant.

        Fees of any enforcement option are added to judgement, but you need to consider realistically if they will actually pay as you may just be throwing good money after bad.

        If a Warrant of Control hasn't got them to pay up then chances are there isn't much to freeze in the bank. If they own property with equity in it then a Charging Order wouldn't settle the debt now, but could at some point.

        Have you applied for them to be questioned? If you have then I assume they have made an offer of repayment and if after questioning the court agrees that it's proper then you wouldn't be able to continue enforcement via another method unless they default on the court ordered instalment plan.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          Thanks for the detailed reply.

          I sent off my form for them to be questioned at the beginning of this week, now I guess I will have to wait a few more months and see how that goes. They have gone completely cold on me and haven't given any offers to pay. I am hoping somehow questioning might help that.

          I was thinking of using a TPO on their bank as I managed to get their sort code, account number and bank yesterday. However it seems that may not be the best course.

          Comment


          • #6
            Originally posted by Enaver View Post
            Thanks for the detailed reply.

            I sent off my form for them to be questioned at the beginning of this week, now I guess I will have to wait a few more months and see how that goes. They have gone completely cold on me and haven't given any offers to pay. I am hoping somehow questioning might help that.

            I was thinking of using a TPO on their bank as I managed to get their sort code, account number and bank yesterday. However it seems that may not be the best course.
            Have you actually had a Warrant of Control for the judgement? How much is it for? Is it against an individual or company?
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment

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