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Adjourning a court date - Fees

chigz1
chigz1 Posts: 12 Forumite
in Consumer rights
Hi All,

I have a Small Claims hearing set for the 5th Jan 17. I can no longer make this date and wanted to get it postponed.

I have contacted the other party who have agreed to move the date too, however the court are asking me to pay a fee £100 to move it.

According to the court fees page adjournment by consent is free, can anyone comment here? Have i filled out the N244 form incorrectly?

Thanks

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 December 2016 at 7:22PM
    Have the other party consented directly to the court or given you something in writing ?

    The £100 appears to apply only if received within 14 days of the hearing date in cases where you have agreement by the other party.

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Try to speak with someone at the court. You are more than 14 days away from the hearing so based on the statutory guidance there should be no fee. Court staff are not always great with this sort of thing.
  • chigz1
    chigz1 Posts: 12 Forumite
    edited 10 December 2016 at 5:23PM
    I sent the form to the court with an email attached from the other parties solicitors saying they are happy to move it.

    The court rejected it saying I need to pay the £100.
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