Liable for Court fees?
Discussion
As title, a friend got into financial difficulty and had to pay a certain amount to a creditor by a certain date. Due to circumstances beyond their control the date for payment came and went, the creditors solicitors have applied to the court for a judgement order as a result of non payment, they have also said the application is to be heard on the first available date after July 30 without notice to said friend.
Friend has now paid the outstanding balance in full but creditors solicitors are saying he has to pay the court fee of £255 on top of what he has paid. From my limited knowledge I said why should he as although they applied to the court no hearing has/will take place as he has cleared the outstanding balance, is he liable?
Also, what is a court hearing without giving notice to debtor, does that mean the judge only hears the creditors side of the story and passes judgement?
Friend has now paid the outstanding balance in full but creditors solicitors are saying he has to pay the court fee of £255 on top of what he has paid. From my limited knowledge I said why should he as although they applied to the court no hearing has/will take place as he has cleared the outstanding balance, is he liable?
Also, what is a court hearing without giving notice to debtor, does that mean the judge only hears the creditors side of the story and passes judgement?
They've had to make an application to the Court because your mate didn't pay on the agreed date.
The cost of a standard application is £255.
After they paid the £255 to the Court for an application hearing to take place, your mate paid.
They are a further £255 out of pocket.
Your mate is lucky they aren't asking for the costs of drafting the application too.
The cost of a standard application is £255.
After they paid the £255 to the Court for an application hearing to take place, your mate paid.
They are a further £255 out of pocket.
Your mate is lucky they aren't asking for the costs of drafting the application too.
Nobody wants to pay £255 to arrange a hearing if there's any chance they'll be paid without it. Your friend has likely been ignoring letters and attempts to follow up the settlement arrangement for months.
Worth pointing out that if the hearing goes ahead, they'll probably ask for the costs of the hearing and attendance as well as your friend has been unreasonable.
Worth pointing out that if the hearing goes ahead, they'll probably ask for the costs of the hearing and attendance as well as your friend has been unreasonable.
If the hearing does go ahead though, they will have to disclose that the payment has been made.
At this point they don't have a court order for that cost.
It may well be that they get that cost at the hearing, but they have to mitigate their costs also, so they may struggle to get any further costs at this point, and it may be cheaper for them to just take the £255 on the chin and write the matter off if they have solictors involved.
At this point they don't have a court order for that cost.
It may well be that they get that cost at the hearing, but they have to mitigate their costs also, so they may struggle to get any further costs at this point, and it may be cheaper for them to just take the £255 on the chin and write the matter off if they have solictors involved.
Cyberprog said:
If the hearing does go ahead though, they will have to disclose that the payment has been made.
At this point they don't have a court order for that cost.
It may well be that they get that cost at the hearing, but they have to mitigate their costs also, so they may struggle to get any further costs at this point, and it may be cheaper for them to just take the £255 on the chin and write the matter off if they have solictors involved.
They can still use the forthcoming hearing to ask the Judge to decide on the issue of outstanding costs and application fee though.At this point they don't have a court order for that cost.
It may well be that they get that cost at the hearing, but they have to mitigate their costs also, so they may struggle to get any further costs at this point, and it may be cheaper for them to just take the £255 on the chin and write the matter off if they have solictors involved.
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