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  • FIRST POST
    • alltaken
    • By alltaken 17th Oct 16, 6:30 PM
    • 341Posts
    • 183Thanks
    alltaken
    70 Discharge certificate a Court fee or IS fee?
    • #1
    • 17th Oct 16, 6:30 PM
    70 Discharge certificate a Court fee or IS fee? 17th Oct 16 at 6:30 PM
    My bankruptcy ends soon and i'm a pre April 2016 case. I was dealt with by a court, not the IS directly. When I declared I had the court fees waived by way of remission.

    Now, I'm currently in the same financial circumstance that allowed the court fees to be waived at the start. The process for a certificate of discharge also changed for anyone applying for bankruptcy after April 2016, in that you apply online for bankruptcy with no fee remission from the court (no court required) and discharge certificates now come from the OR/Insolvency Service so the fees are fixed.

    I understand it's only 70 but since mine is the court method for a certificate, would the fee be a court fee or IS fee? The court have everything they need to issue the certificate according to CAB.

    Stepchange, National Debtline and CAB currently can't give me an answer, I can of course contact my OR and court that issued my bankruptcy, but wondered if anyone knew?

    Thanks
Page 1
  • National Debtline
    • #2
    • 17th Oct 16, 7:09 PM
    • #2
    • 17th Oct 16, 7:09 PM
    Hi

    I can’t say for certain, but in section 3 on this page the Insolvency Case Help Manual says:

    ‘A fee is payable to the court for the provision of a certificate of discharge and any additional copies.’

    https://www.insolvencydirect.bis.gov.uk/CaseHelpManual/D/DischargeFromBankruptcy.htm

    Based on that my assumption is that it’s a court fee. You could always try using the EX160 anyway and see what the court says.

    James
    @natdebtline
    Last edited by National Debtline; 17-10-2016 at 7:27 PM. Reason: Technical Manual changed to Case Help Manual
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • StepChange_Richard
    • #3
    • 18th Oct 16, 5:37 PM
    • #3
    • 18th Oct 16, 5:37 PM
    Hi there

    Spotted your post and not sure if you have sorted this yet. James is right, but just to clarify:

    If you want a certificate of discharge to prove you've been discharged, you must pay a fee of 70 and 5 for each additional copy. You must apply to the court which dealt with the bankruptcy for you.

    You can apply for remission using the EX160 form.

    Hope this helps.

    Richard.
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • TheGardener
    • By TheGardener 18th Oct 16, 7:47 PM
    • 1,622 Posts
    • 1,412 Thanks
    TheGardener
    • #4
    • 18th Oct 16, 7:47 PM
    • #4
    • 18th Oct 16, 7:47 PM
    Its also worth noting that you may not actually need a certificate of discharge. Is there a specific reason you believe you need one? Most people don't bother. I printed of the page from the IS website a few days after my AD happened - it shows the discharge date. This page stays for around 3 months and then disappears. I believe you can also get confirmation by email from the OR who dealt with your case for free.
    • alltaken
    • By alltaken 18th Oct 16, 9:19 PM
    • 341 Posts
    • 183 Thanks
    alltaken
    • #5
    • 18th Oct 16, 9:19 PM
    • #5
    • 18th Oct 16, 9:19 PM
    Thank you Stepchange and NDL.

    Its also worth noting that you may not actually need a certificate of discharge. Is there a specific reason you believe you need one? Most people don't bother. I printed of the page from the IS website a few days after my AD happened - it shows the discharge date. This page stays for around 3 months and then disappears. I believe you can also get confirmation by email from the OR who dealt with your case for free.
    Originally posted by TheGardener
    Yes, my local Natwest !!!!!! of a branch manager will not open an account for me without the official certificate, I understand this to be a generic Natwest problem many have, my details are of course on the Insolvency register for 3 months but he refuses to let the staff use that. You know when you want to club someone?

    Anyway, I'm going to get the certificate, I know I could do an official complaint yada yada, but i'd rather the satisfaction of getting the account and asking him lots and lots of questions.

    It could also come in handy to have the certificate later on if anyone rears their ugly head demanding money at the door or otherwise. I do wonder why they exist when official confirmation is available via the OR, perhaps the OR email is less official? Perhaps one of the debt charities could explain why you could need one?
    • Mollie_Guinness15
    • By Mollie_Guinness15 19th Oct 16, 10:20 AM
    • 133 Posts
    • 63 Thanks
    Mollie_Guinness15
    • #6
    • 19th Oct 16, 10:20 AM
    • #6
    • 19th Oct 16, 10:20 AM
    Email this address discharge.queries@insolvency.gsi.gov.uk and they will send you a discharge letter on IS headed paper or official PDF almost by return. It may be sufficient for the NatWest. If they won't open an account with the Nationwide, they've been great with me.
    • philnicandevan
    • By philnicandevan 19th Oct 16, 1:45 PM
    • 474 Posts
    • 462 Thanks
    philnicandevan
    • #7
    • 19th Oct 16, 1:45 PM
    • #7
    • 19th Oct 16, 1:45 PM
    Hmm gool old nat west...they along with barclays insisted I had the "official" court dischrge cert..BUT happily accepted the emailed proof as Mollie above said..madness really is!
    Not quite a newbie as you think

    FINALLY a qualified CAB debt caseworker 2015..
    BSC 58
    • alltaken
    • By alltaken 19th Oct 16, 2:05 PM
    • 341 Posts
    • 183 Thanks
    alltaken
    • #8
    • 19th Oct 16, 2:05 PM
    • #8
    • 19th Oct 16, 2:05 PM
    Thanks all, yes, I could email the insolvency service, but the branch manager in my area will not be accepting it, he has made it a requirement that I have the certificate. I'm also already with Nationwide but would like a Natwest account also.

    I'll get a copy regardless now that I know I can use a EX160. Anyone know why you would need one otherwise, why does it exist?
  • National Debtline
    • #9
    • 19th Oct 16, 3:04 PM
    • #9
    • 19th Oct 16, 3:04 PM
    Thanks all, yes, I could email the insolvency service, but the branch manager in my area will not be accepting it, he has made it a requirement that I have the certificate. I'm also already with Nationwide but would like a Natwest account also.

    I'll get a copy regardless now that I know I can use a EX160. Anyone know why you would need one otherwise, why does it exist?
    Originally posted by alltaken
    As far as I’m aware the certificate of discharge is simply for where written evidence is required. I don’t know why this would carry any more weight than a letter from the OR, but it clearly does for some people as you have found.

    There is some more information on page 8 of this document, which suggests that in some circumstances the fee may be waived. Presumably this is where there is EX160 eligibility.

    http://researchbriefings.files.parliament.uk/documents/SN03043/SN03043.pdf

    James
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • LoveLifeAgain
    • By LoveLifeAgain 20th Oct 16, 3:14 PM
    • 180 Posts
    • 311 Thanks
    LoveLifeAgain
    I waited for a couple of weeks after discharge, I believe, before applying for mine. I rang the court that granted my BR and they told me to just send in a request, so I sent in the letter with a copy of the BR containing all my details attached and they then rang me for the 70 which I paid on my debit card and a few days later my official discharge came through, very easy and quick.


    I don't think it is necessary and I know that in one of the stickies it tells you how you can print a discharge off from somewhere within 3 months but the court only provides them for 5 years and I felt a lot easier in my mind to have the official court discharge 'just in case'.


    Good luck
    "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety". - Benjamin Franklin
    • rjwr
    • By rjwr 25th Oct 16, 10:55 AM
    • 95 Posts
    • 63 Thanks
    rjwr
    call the OR' office and speak to them. I managed to get two copies for nothing. The receptionist even copied them and emailed them whilst i was still talking.

    She did say there was a fee to be paid at the beginning, but i was never asked to pay.
    • alltaken
    • By alltaken 25th Oct 16, 12:49 PM
    • 341 Posts
    • 183 Thanks
    alltaken
    call the OR' office and speak to them. I managed to get two copies for nothing. The receptionist even copied them and emailed them whilst i was still talking.

    She did say there was a fee to be paid at the beginning, but i was never asked to pay.
    Originally posted by rjwr
    Are you talking about the ordinarily free of charge letter from the OR office confirming discharge or the court issued certificate?
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