Court order no fee paid

[Zeek]

If there has been an administrative order made in a county court and there is proof on the caseman file that no fee had been paid by the claimant to initiate the proceedings, with evidence that the case was created but no evidence the claim had been issued by the court.

What application would need to be made to remove the order ?

[Peridot]

Hi zeek,

Think those in the know will need a little more information to be able to point you in the right direction. What sort of order and claim is this in relation too? Are you a party, assume Defendant?
How did you get to know what was on the Court file? Thinking there must be some history here that may be pertinent?
Hopefully with a little more info we can help out.

[Zeek]

I have the full caseman file [courts computerised records] printed out.

The application was for a bankruptcy petition, it shows that there has not been any payment received by the court which is evidenced on the caseman and physically on the file.

Which is in breach of the MOJ directorate and CPR 3.7(4)

There is no entry on registry trust either

The order that was given is a bank ruptcy order.

Hope this helps, please let me know if there is any more info required

Regards

[Zeek]

Hi PERIDOT,

is there any more info that you need ?

[Zeek]

I have found this online, what is the correct proceedure to strike out a claim ?

Would anyone advise putting in a counterclaim ?


1) Are the proceedings void, where the prescribed court fee, as anchored
in law, has not been paid, and no fee remission has been granted? Yes.
Cases will not proceed without payment and if no payment is made then the
case will be closed/dismissed.

2) Is the non payment of prescribed court fees, where no fee remission
has been granted, for proceedings (as anchored in law), a criminal
Offence? No. As above, the case will not proceed.

[Amethyst]

Has an actual bankruptcy order been made ? Have you received documentation from the court ?
How much is the debt ?
Who applied ? Creditor? and is it personal or a company ?
and was this following a Statutory Demand ( which wouldn't show on the register ) ? or has there been a CCJ previously on the same debt ?


https://www.gov.uk/apply-to-bankrupt-someone

https://www.gov.uk/bankruptcy/cancel-a-bankruptcy

The court fees to make someone bankrupt are:

• £990 petition deposit (for managing the bankruptcy)
• £280 for court costs