BR Court Fee & Application

Hughesy84

Couple of questions if you can help please......

Person A has spoken to the national debtline and also to Gregory & Pennington for advice. Now the debt management company want something like £425 + VAT.....so Person A is looking go it alone....

Got the 6-26 & 6-27 forms to complete (Petition to court and SOA)

Question 1 - When do you have to pay the court fee? When you apply for BR or when you attend your court hearing?

Question 2 - Would you advise to pay these debt management companies or go it alone?

Question 3 - A secured loan company is threatening action.....IF Person A gets a court date, will that stop any action they can take? Or does Person A need to pay them to keep them quiet?? (Cant really afford it)

Thanks guys :T

dojoman

Hughesy84 wrote: »

Couple of questions if you can help please......

Person A has spoken to the national debtline and also to Gregory & Pennington for advice. Now the debt management company want something like £425 + VAT.....so Person A is looking go it alone....

Got the 6-26 & 6-27 forms to complete (Petition to court and SOA) The forms are actually 6.27 and 6.28:)

Question 1 - When do you have to pay the court fee? When you apply for BR or when you attend your court hearing?]You pay the fee when you attend your BR at court.

Question 2 - Would you advise to pay these debt management companies or go it alone? DO NOT PAY ANYONE, you can get all the help you need from this forum.

Question 3 - A secured loan company is threatening action.....IF Person A gets a court date, will that stop any action they can take? Or does Person A need to pay them to keep them quiet?? (Cant really afford it) Secured loans are not included in BR.

Thanks guys :T

Hope this helps?

Hughesy84

How long do courts normally take to give you a date?

Ok so you pay your petition BR fee when you go for a date? But not the court fee until the day of your case?

So how does a secured debt work when the debt is secured against a house which will be repossessed? I thought the repossession therefore makes it unsecure and then part of the BR?! Thats the impression the Debtline gave anyway?!?!

Thanks

Teen_the_Drama_Queen

Hi Hughesy

Debtline are correct, once the property is repossessed then the loan becomes unsecured and can be included in the BR.

Teen_the_Drama_Queen

With regard to fees, that is paid on the date your case is heard. You can ring and ask for a date at the Court (check with your correct local Court) - ours booked dates for a week ahead - you pay on the day at Court in cash.

dojoman

Hughesy84 wrote: »

How long do courts normally take to give you a date? Depends on how busy they are and whether they use an appointments system or a drop in system. I had to wait 10 weeks for mine:eek:

Ok so you pay your petition BR fee when you go for a date? But not the court fee until the day of your case? No you pay all the fees on the day of your court appearance.

So how does a secured debt work when the debt is secured against a house which will be repossessed? I thought the repossession therefore makes it unsecure and then part of the BR?! Thats the impression the Debtline gave anyway?!?! Not quite right, the secured loan will only fall in to your BR when the property has been sold and you know what the shortfall will be, ensure you do not sign anything about being liable for any shortfall.

Thanks

Have a look here for your local court, make sure that it deals with BR, hope this helps?


http://hmctscourtfinder.justice.gov.uk/HMCTS/

Hughesy84

So let me check this out.

Do you send your forms into court and then ring for a date? Or do you ring for a date and then simply take the forms with you on the day?

Sorry to ask simple questions!

As for fees - so both fees on the day of the case? Superb! How long does the case usually take on that day? And do many people do it alone? Or should you take someone with you?

Florence22

Hi Hughesy -it's fresh in my mind so here you go!! -

• Ring the court and arrange the date

• Take your forms, copied, 3 in total, cash for the fees (and fee remission form EXI60 if you're on benefits, this will save you the cost of the court fee of £175), money for coffee/tea and something to read while you wait.

• The amount of tme it takes seems to vary. Mine took less than an hour and I didn't have to see the judge

• I went alone, you can take someone with you if you like but will see the judge by yourself I believe

.....and ask away - it's best to get it right!

Robo787

Hi Hughsey84

Download the forms 6.27 & 6.28 from here,

http://www.bis.gov.uk/insolvency/about-us/forms/england-and-wales

just scroll down to the correct numbers.


You have to take 3 copies of each form with, you all completed.

You could fill one of each in and just photo copy them.

You also need form EX160 if your on benefits, this stops you from paying the £175.00 court costs.

EX160 form here, just one copy

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

Ineedaname

If you do photocopy the forms then make sure you don't sign the original before doing so. Each copy must have an original signature on it, some Courts require the forms to be signed in front of the BR Clerk, so check with your Court when you ring them up to make your appointment.