Court Fees query

[CYNthesys]

I have a couple of friends who share a rented house. They are not related and have house shared for many years.
They recently moved to new accomodation and are having trouble getting their bond back from their previous landlord.
They are thinking about issuing proceedings in the small claims court for the return of their joint bond, but one of them is in receipt of guaranteed pension credit and the other is in full time employment. Would the full court fee still be payable?

[Hurricane Puffrose]

Re: Court Fees query

BUMP

[enaid]

Re: Court Fees query

http://www.mensaid.com/documents/fl/ex160a.pdf

[Bill-K]

Re: Court Fees query

Thanks Enaid. Page 2 seems to be pretty clear you're exempted - see Para. 2:-

" You will be exempt from paying a fee if :


2. you or your partner receive Pension Credit guarantee credit. "

[CYNthesys]

Re: Court Fees query

They are not partners as such, just friends who house share.
I think partner is defined as a spouse, or a couple who are in a relationship

[Bill-K]

Re: Court Fees query

The key word in reading that is "or," I reckon, Cyn. No 'partnership' as such - just house-sharing - I accept that. And I believe the EX160 does, too, by using 'or' as opposed to 'and.'

Problem then is - if only one claimant is receiving Pension Credit, then only one claimant gets exemption. Can the one claimant claim for both signatories to the rental agreement ? I suspect that there is a "Jointly and severally" liability clause in there, and therefore it will imply (hopefully) that EITHER signatory to the agreement has an obligation to ensure that the terms of the agreement are fulfilled. By the same token, they should be afforded a reciprocal right, I believe. The one signatory is regarded as representing the entire party to that agreement.

I'm no lawyer, as you know, but that seems to stand up in court to me.

I write cheques on our joint account. So does Mrs-K. If I complain about a bounced cheque that Mrs-K signed, I am 'privy' to the dispute - as a co-signatory.

[legalopinion03]

Re: Court Fees query

Yeah partner refers to spouse or couples

http://utahcriminaldefenders.com/

[alham]

Re: Court Fees query

I concur, the full fee will be payable if both friends are starting the dispute. But they will get the fee back anyway from the losing party.