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URGENT: Third Party Debt Order for unpaid Court Judgement

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  • #16
    Practice Direction 45 - tables of fixed costs: https://www.justice.gov.uk/courts/pr...45-fixed-costs
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #17
      Originally posted by atticus View Post
      Practice Direction 45 - tables of fixed costs: https://www.justice.gov.uk/courts/pr...45-fixed-costs
      How do I state my case on N1 form though? do I list fixed costs under "Value"?

      Or is there another way to claim fixed costs? i.e. which form?

      Comment


      • #18
        you don't. You claim fixed costs when you make your application for a third party debt order.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #19
          atticus Where exactly do I add fixed costs on Third Party Debt Order form? I added bank that needed to be frozen and reasons.

          Do not recall any section where I can add fixed costs.

          I have checked the form again, there is no section indicating can add details for fixed costs need to recover, so how to do this?
          Last edited by Justme2021; 6th April 2024, 19:08:PM.

          Comment


          • #20
            See Practice Direction 72, para 4, which provides for the court to add fixed costs to an interim order - https://www.justice.gov.uk/courts/pr...art72#IDAWAUJC
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #21
              Originally posted by atticus View Post
              See Practice Direction 72, para 4, which provides for the court to add fixed costs to an interim order - https://www.justice.gov.uk/courts/pr...art72#IDAWAUJC
              I tried adding enforcement costs to the court judgement amount on the Third Party Debt Order form before.

              It was returned via email requesting amendment to court judgement amount only. I did not apply for fixed costs when filing the original small claim case.

              Thus it seems I cannot just add fixed costs to the form. I need to specify costs of interest, court attendance etc which there is no space for on this form, there must be a way to request reimbursement of fixed costs?

              It states on the Third Party Debt Order form under section 2;

              " 2. Judgment debt
              The judgment order required the judgment debtor to pay £....(including any costs and interest). The amount now due is £.... [which includes further interest].
              £.....of the instalments due under the judgment or order has fallen due and remains unpaid.
              The judgment or order did not provide for payment by instalments."

              Last edited by Justme2021; 7th April 2024, 00:03:AM.

              Comment


              • #22
                Can anyone help with my previous post please? (See below)

                I tried adding enforcement costs to the court judgement amount on the Third Party Debt Order form before.

                It was returned via email requesting amendment to court judgement amount only. I did not apply for fixed costs when filing the original small claim case.

                Thus it seems I cannot just add fixed costs to the form. I need to specify costs of interest, court attendance etc which there is no space for on this form, there must be a way to request reimbursement of fixed costs?

                It states on the Third Party Debt Order form under section 2;

                " 2. Judgment debt
                The judgment order required the judgment debtor to pay £....(including any costs and interest). The amount now due is £.... [which includes further interest].
                £.....of the instalments due under the judgment or order has fallen due and remains unpaid.
                The judgment or order did not provide for payment by instalments."


                Comment


                • #23
                  Can anyone please advise?


                  (See below)

                  I tried adding enforcement costs to the court judgement amount on the Third Party Debt Order form before.

                  It was returned via email requesting amendment to court judgement amount only. I did not apply for fixed costs when filing the original small claim case.

                  Thus it seems I cannot just add fixed costs to the form. I need to specify costs of interest, court attendance etc which there is no space for on this form, there must be a way to request reimbursement of fixed costs?

                  It states on the Third Party Debt Order form under section 2;

                  " 2. Judgment debt
                  The judgment order required the judgment debtor to pay £....(including any costs and interest). The amount now due is £.... [which includes further interest].
                  £.....of the instalments due under the judgment or order has fallen due and remains unpaid.
                  The judgment or order did not provide for payment by instalments."


                  [/QUOTE]

                  Comment


                  • #24
                    Originally posted by Justme2021 View Post
                    Please clarify fixed costs I can claim?

                    This would be for the Court Judgement case currently placed on an instalment plan. How would I state my case in particulars of new small claim I file?

                    Very draining process with back and forth in court for a few years now.
                    Urgently need help please.

                    Third Party Debt Order hearing today, as I filed for fixed costs to be paid such as statutory interest, damages and for advocacy with paperwork. Judge said cannot claim for these for court judgement issued? and that these should have been included within the original claim.

                    I can only claim enforcement costs in the next review hearing regarding instalment plan payments.

                    How can I claim such costs? I referred judge to section 45, which is where I found details of costs. I am so distressed and overwhelmed.

                    Please help.

                    Comment

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