Warning! Read This Before Making A Claim Court Costs

lelb72

I am very disappointed that i wasn't informed or it wasnt mentioned before i started a claim against my bank about the costs i could incur.

To all of you who are about to start proceedings;

Ensure you have at least £400 put aside, if need be borrow it but keep it safe.
WHY?
My initial claim on money claim website cost me £120
when an allocation questionnaire came from the court it cost me another £100
If it goes to court i could then have to fork out a further £100

Be warned! Im telling you so you dont get to the point where you cant affords to pay, and then your claim gets thrown out of court. I just hope no'one is in the midst of their claim and realises they cant afford to pay because it's very irritating. I ended up borrowing from friends which i didnt want to do and if it wasnt for them i would be still in debt to the bank.

Please Please take all this into consideration. Dont be put off but be warned it can be costly, especially if you dont have the money available.

Why Martin Lewis does not mention this either i would like to know!?

rheme

lelb72 wrote: »

I am very disappointed that i wasn't informed or it wasnt mentioned before i started a claim against my bank about the costs i could incur.

To all of you who are about to start proceedings;

Ensure you have at least £400 put aside, if need be borrow it but keep it safe.
WHY?
My initial claim on money claim website cost me £120
when an allocation questionnaire came from the court it cost me another £100
If it goes to court i could then have to fork out a further £100

Be warned! Im telling you so you dont get to the point where you cant affords to pay, and then your claim gets thrown out of court. I just hope no'one is in the midst of their claim and realises they cant afford to pay because it's very irritating. I ended up borrowing from friends which i didnt want to do and if it wasnt for them i would be still in debt to the bank.

Please Please take all this into consideration. Dont be put off but be warned it can be costly, especially if you dont have the money available.

Why Martin Lewis does not mention this either i would like to know!?

If the court fees are a problem then the way round it could be to put your case through the financial ombudsman - though it may take a little longer.

Edinburghlass_2

You have that just a bit wrong, you have to pay further court costs of £100 IF your claim is more than £1500, you don't pay this twice. The link to court costs is in the Reclaim Help Thread.

Edited to add that when I replied to your earlier post today you were asking about these further costs and hadn't in fact paid the £100 further court costs so just to clarify for you that there are NOT 2 x £100 fees to be paid.

From the link at hmcourts-service.

Preparing for trial

Allocation to track:

<table align="center" border="0" width="70%"> <tbody><tr> <td width="80%">claims for money of £1,500 or less</td> <td width="20%">no fee</td> </tr> <tr> <td>all other claims</td> <td>£100</td> </tr> </tbody></table>
This fee is payable by the claimant except where the case is proceeding on a counterclaim alone, when it is payable by the defendant.
Where a fee is due, it must either be paid when the allocation questionnaire is filed, or, if:
either

the court decides that an allocation questionnaire is not required;

or

the Civil Procedure Rules do not require an allocation questionnaire to be completed,

then the fee must be paid:

• within 28 days of filing the defence (or the filing of the last defence if there is more than one defendant); or
• within 28 days of expiry of the time for filing all defences.

Warning: if you do not pay the allocation fee when required, the court can make an order which may lead to your statement of case (claim or counterclaim) being ‘struck out’. This would mean that you could not proceed with your claim (or counterclaim).

LozBingley

Also this £100 can be waved if you are on benefits

Rex_Mundi

LozBingley wrote: »

Also this £100 can be waved if you are on benefits

Foe anyone on benefits or other low income, the whole court claim process can be free. Post number #7 of this thread has a link to the exemptions for court claims.

suelongman

i have had a letter from the court to say that my case has been moved to my local court and that i do not have to fill in a AC unless the juge says so. i called them to check about the £100 fee and they said that if i dont have to fill in a AC then i dont have to pay the fee of £100 .

guardian2020

I had my court costs waved as i am on Income support...just ask for a form from the court, only needs proof of benifit eg a letter from dhss...its easy lol

penguin83

Court Costs

Automatic Exemption for those on Income Support, Income Based Jobseekers Allowance, Working Tax and Chilld Tax Credit and have a gross income of less than the current cut off or in receipt of the Disability Element of Working Tax Credit or pension credit with the guarantee element.

Remissions available for those in receipt of Incapacity Benefit, Contributions Based Jabseekers Allowance and those on a low income.

With remissions you may have to pay none or part of the court fee.

Complete form EX160a and have proof of your benefits dated within a month if applying for exemption. If applying for remission proof of all income is required.

Dont forget you can pay the court fee up front if you dont have your proof of benefit and then apply for a refund at a later date.

changkra

lelb72 wrote: »

I am very disappointed that i wasn't informed or it wasnt mentioned before i started a claim against my bank about the costs i could incur.

To all of you who are about to start proceedings;

Ensure you have at least £400 put aside, if need be borrow it but keep it safe.
WHY?
My initial claim on money claim website cost me £120
when an allocation questionnaire came from the court it cost me another £100
If it goes to court i could then have to fork out a further £100

Be warned! Im telling you so you dont get to the point where you cant affords to pay, and then your claim gets thrown out of court. I just hope no'one is in the midst of their claim and realises they cant afford to pay because it's very irritating. I ended up borrowing from friends which i didnt want to do and if it wasnt for them i would be still in debt to the bank.

Please Please take all this into consideration. Dont be put off but be warned it can be costly, especially if you dont have the money available.

Why Martin Lewis does not mention this either i would like to know!?

If you claim any benefits at all you can fill a faorm in which takes the extra charge away from you, the only one you should have to pay is the £120, which you get back with your charges from the bank. Not 100% sure but i think even child tax credits are up there, i know disability and Income support are. There is information on the MCOL web site on this. If you ahve a low income you also qyalify for (insert word here) which means you get it free :rotfl:

lelb72

You are all totally confusing me now!

Edinburghglass, tell me. The first initial payment of £120 was paid to the moneyclaim website. Now the claim has gone to my local court and i have had to fill in an allocation questionnaire. Because my claim is more than £1500 i will have to pay the £100 extra am i right or wrong?

Thats all i want to know.:D

lelb72

Also, what im saying is why are people not informed about this at the start of the claim?
It all seems so easy and simple and straight forward when it isnt at all, and is far more complicated that it appears.