Contradictory info re fee for set aside with consent

zoe21b

Le_Kirk said:

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.

It's related but imho not a continuation (they are two specific independent questions, this is about fees to weed out one maybe undesirable legal company, the other thread is re if the path I was on was the correct one).

Fruitcake

This is a parking forum, so with respect, if this thread is not about a PCN then it is in the wrong place. 

zoe21b

Fruitcake said:

This is a parking forum, so with respect, if this thread is not about a PCN then it is in the wrong place. 

It is about the court fees to set aside (with consent) a CCJ that came about from a alleged parking contravention. Does that mean it is the right or wrong place?

Le_Kirk

If you cannot find the answer you want from the GOV web site, have you considered phoning CCBC at Northampton?

Redx

zoe21b said:

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 

You are in this pickle of headaches by delving into it too much

The vast majority of cases are in civil county courts , small claims courts , involving relatively small claims if say £100 or less , so the figures of £100 for with consent or £255 for without consent apply , so not senior courts , but civil courts !

I would suggest that those 2 figures apply in your case , as we have told you , but you could ask your local Court or ask the CCBC , or both , this forum is not a legal aid forum !

The CCBC is not a court , it's a business centre for county courts , hence the initials , the acronym

So the CCBC is just a government office manned by civil servants , so office staff , like the DVLA , nothing more

It is not some super court , it's a one stop shop to process MCOL for England and Wales only

zoe21b

Le_Kirk said:

If you cannot find the answer you want from the GOV web site, have you considered phoning CCBC at Northampton?

Yes, I had that idea earlier today, I called them at 1710 but was closed (I was lucky and got out from work early today). I decided to get clarity by trying to call them so will try next time I can in a weekday off (on Friday) and ask all my questions re fee and process (which forms/info to send to do set aside of CCJ by consent). Hopefully, but somehow I doubt, I'll get a clear unambiguous and correct answer.

I have actually called them four times already...each time like 20-60 minutes wait:

First to find out what the CCJ is about, they told me they will email the particulars and to contact the claimant if want to know more.but they sent a blank email instead of the particulars.
Second time they sent me the email with particulars (only).
Third time to learn what address they sent the claim form to.
And lastly to get the claim form - for which they said to email which I did on 04/05 and still waiting.

Annoyingly, on none of these calls did they say there is an element of time involved...i.e. set aside...so I only learned that this month (in a case I became aware of in january 2021) that there is urgency.

Rant over.

I do appreciate your and everyones feedback...I wish I have found this forum on first day instead of following the guidance from CBCC (to call VCS...but it all seemed so logical).

zoe21b

Redx said:

The CCBC is not a court , it's a business centre for county courts , hence the initials , the acronym

So the CCBC is just a government office manned by civil servants , so office staff , like the DVLA , nothing more

It is not some super court , it's a one stop shop to process MCOL for England and Wales only

Aha! This is great, very informative. Cheers! 

Johnersh

The distinction is really whether a hearing is required.  If C agrees it is an N244 application, but making clear all terms are agreed, ticking the box no hearing needed, attach signed order and respectfully request, in the circumstances if the court may approve the terms of the order sought (ie never tell the court what they *should* do, they often dislike it. 

If C is in agreement, then in principle, the issue of acting promptly falls away. 

zoe21b

Johnersh said:

The distinction is really whether a hearing is required.  If C agrees it is an N244 application, but making clear all terms are agreed, ticking the box no hearing needed, attach signed order and respectfully request, in the circumstances if the court may approve the terms of the order sought (ie never tell the court what they *should* do, they often dislike it. 

If C is in agreement, then in principle, the issue of acting promptly falls away. 

OK, thanks for a very clear and unambiguous answer. May I, respectfully, ask if this is fact and not opinion? I think I read somewhere you are a solicitor but wouldn't like to assume.

Out of curiosity, what would happen if just the consent order was sent in and no N244? Maybe the consent order say 'no hearing required'...would that do?

The two legal reps on my shortlist I mentioned, one is about the fee raised in this thread, they insist it is with N244 and fee is £255 for consented set aside. The other insist to only send the CO and not the N244 and fee is £100.

So sounds to me as neither are ideal to use despite they both are talking to me like they are experts in this. Or is the system (the CBCC) so 'flexible' that they both may be correct in practical application?

Maybe I need to cast the net wider looking for proper legal help with this.

Redx

Take his word as gospel , unless proven otherwise. He cannot give you legal advice without charging , which would break mse rules ( they do not allow it , plus you should not be asking people personal questions like what is your profession etc ) , but his legal opinion is just as good. Just accept what he says , or pay a qualified lawyer for proper legal advice

In simple terms , the larger fee is to cover the cost of a hearing , the lower cost is to rubber stamp the application only