CCJ - Redetermination request made within 14 days, but Court request fee of £35??

mhbtown

Hi all,

My wife and I both recently had CCJs awarded against us in favour of the same company (separate debts) and were ordered to pay the full instalment, which neither of us can afford to do.

I wrote to the court (within 14 days of the judgement) requesting Redetermination under Rule14.13 CPR using the template that another forum user has kindly supplied.

This morning, 3+ weeks after I sent my request, the court have sent my forms back saying that I need to pay a £35 court fee per application or complete an application for a fee remission. I was under the impression that there was no court fee due if I sent the original request within 14 days of the judgement - can anyone confirm this?

Thanks in advance.

fermi

Correct. Subject to some conditions.

Did it get there in time?

Was this Northampton county court?

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part14.htm#IDADGQVB

Right of re-determination

14.13

(1) Where –

(a) a court officer has determined the time and rate of payment under rule 14.11; or

(b) a judge has determined the time and rate of payment under rule 14.12 without a hearing,

either party may apply for the decision to be re-determined by a judge.

(2) An application for re-determination must be made within 14 days after service of the determination on the applicant.

mhbtown

Hi,

The date of the CCJ was 26/09. The Redetermination request was posted (recorded, 1st class) on 07/10 and I have the proof of postage.

The court is Clerkenwell & Shoreditch.

So I guess I just write back to the court and say that as I was within the 14 days that it is my understanding that I don't have to pay the court fee?

Thanks

fermi

What date does Track & Trace say it was delivered?

mhbtown

Ooh cool, didn't know I could do that.

Computer says "Your item with reference AGxxxGB was delivered from our EAST LONDON Delivery Office on 11/10/10 ."

fermi

Are you sure the CCJ was granted on the 26th. That seems to be a Sunday?

Anyway..........

CCJ on the 26th.

CPR 6.26 says that service is taken as being the 2nd day after it was posted. So 28th at the very earliest based on that.

Which gave you to at least the 12th Nov to get it there.

(If I'm interpreting it right that is? )

So, on the face of it, seems that the court has made a mistake and that you were on time.

So may well be worth disputing?

Maybe give the court a call?

mhbtown

Yeah, it was definitely the 26th (which I double checked as it was a Sunday).
I'll call them.

Thanks for your help.

fermi

Let us know.

Either there is a mistake somewhere on the dates, the court has got it wrong, or my maths is wrong :0.

I'm curious to know which?

mhbtown

Here's an update...
I have written to the court arguing that there is no fee payable and also emailed them asking for an update. I have tried on numerous occasions to telephone them but it either rings forever or is engaged. The court isn't located anywhere near to where I live or I would go and visit them.
I have been to see Citizen's Advice and they have given me a booklet which clearly states that there is no fee for a re-determination within 14 days.
So whilst it appears advice from this forum has been spot on and the court have made a mistake, this doesn't alter the fact that the enforcement agency, Marstons, are still very keen to collect the money and I have received a letter today saying that they are going to turn up next Wednesday to seize goods to the value of the writ.
I have an appointment to see the debt advisor at the CAB next Tuesday, and in the meantime I will write to the claimant and the enforcement agency explaining the situation.
Is there anything else I should do?
Thanks in advance.