Contradictory info re fee for set aside with consent

zoe21b

I'm doing due diligence on a couple of professionals to get my CCJ set aside with consent (I want to use professional help to get it done without any mistakes since there are too many different unqualified opinions on the internet and I'm not sure which to trust). I'm speaking with one party who otherwise seems on top of it but who insist on the court fee being £255.

From many sources here and on other forums it seems as there are many references to the fee being £100.

I have a professional telling me (without me referring them to above link but after questioning them whether the court fee is not only £100) that the fee is £255 based on EX50 court fees (page 8) which say:

- Application to set aside a County Court judgment. £255

- Application by consent or without notice where no other fee is specified. £100

They basically say that they do not believe the £100 line is a recognised format for a set aside application for a CCJ as the £255 clearly say that is for setting aside a CCJ and hence the £100 is for other things with consent, but not CCJs.

Are they right?

May they be right (maybe grey area, maybe fees have changed, maybe CC accepts both amounts as being acceptable, maybe other)?

Are they clearly wrong?

Please include justification for your reply if you can.

Would also be good to know if you have actually done it successfully recently with CCBC and paying only £100...please include rough date if you can. Obviously if you have been asked to pay more after you paid £100 then I'd very much like to know this.

Fruitcake

It's £100 with the consent of the claimant, or £255 without their consent.

Have a look at the second post of the NEWBIES that includes a guide to court written by bargepole and information about how to make a set aside.

Redx

£100 is if the claimant agrees to the set aside with consent , by giving their consent

The £255 is for a contested set aside where the claimant is hostile and will not agree to the consent , or if both parties disagree due to onerous demands and the defendant is forced to use the £255 route

Which Parking company ?

zoe21b

Redx said:

Which Parking company ?

Vehicle Control Services Limited (aka VCS)

D_P_Dance

I assume that if an unlawful £60 fee has been added a without consent application will be required   If granted this should surely allow a full refund.

Le_Kirk

From here: -
https://www.gov.uk/guidance/senior-courts-costs-office-fees

Application fees

Application type	Fee
Apply to challenge a solicitor’s bill (part 8 application)	£55
Apply for an order in costs only proceedings (part 8 application)	£55
Apply for a default costs certificate	£66
Apply to set aside a default costs certificate	£121
General application (N244) – by consent or without notice	£100
General application (N244) – application on notice	£255

D_P_Dance

Is that a pig I see up there!

zoe21b

D_P_Dance said:

I assume that if an unlawful £60 fee has been added a without consent application will be required   If granted this should surely allow a full refund.

I posted another thread (see my profile, only other thread) in where I explain the details. See that if you want to the full monty (barring further in other discussion forums re same).

The answer to your question is:
Original letter (I never received any letters until SAR to VCS came back) said £100 but only £60 if paid within 14 days.
The judgment is £185 which is £100 original plus £60 debt collection plus £25 court fee.

Maybe you are talking about one of these two £60 charges. or maybe something else.

Funny enough, upon talking with Elms (VCS' legal rep) first time, they mentioned £365 when but they quickly changed that to £185 when I said the judgment says £185 (so if I have to speculate I figure I have 'incurred' fees up to £365 now unless they made an honest mistake on the phone). I have not done a SAR on Elms and have never received anything from them except they are mentioned in a field on a screenshot from the VCS SAR so I guess they may have sent one or more letters with various fees and balances.

Le_Kirk

If this is a continuation of your other thread, then it really ought to be posted on there so that we have continuity and not have to keep dobbing bout between threads.

D_P_Dance

Yea, the debt collection fee is unlawful.  Fees in the SCC should rarely exceed £100.

zoe21b

Le_Kirk said:

From here: -
<snip 10/05/21 16:33 by zoeb1>

Application fees

Application type	Fee
Apply to challenge a solicitor’s bill (part 8 application)	£55
Apply for an order in costs only proceedings (part 8 application)	£55
Apply for a default costs certificate	£66
Apply to set aside a default costs certificate	£121
General application (N244) – by consent or without notice	£100
General application (N244) – application on notice	£255

OMG, I will get a headache of this...

So we have EX50 saying one (slightly ambiguous) thing...for "Civil and Family Courts". (search gov.uk for EX50 - I can't post a link here).

And then we have another slightly less ambiguous things for "senior courts" - your list above.

So, I guess, now I need to study up what kind of court Northampton CCBC is to determine what the correct fee is. Maybe - depending on the ambiguity.

To top it up, I'm consider one of two legal reps. One insist on £255 court fee as I opened this thread with and the other insist on no N244 to be sent (but the senior court numbers seems to imply that a N244 is being submitted). I had hoped the fee question would allow me to exclude one of them. Anyway, I'd have to pay one of them money up front and if they do the wrong this there is only one loser (me).

Sorry honey, I've got a headache tonight...again