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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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I took out a civil action against my ex parttner to make his

Customer Question

I took out a civil action against my ex parttner to make his sell or buy me out of the property we jointly owned. Then the bank informed me that they were repossessing the house as he did not pay his part of the mortgage so dropped my civil claim then late last year I got a letter saying my ex partner had reinstated the action. We went to court and the judge informed us that I was now the defendant and he was the claimant and therefore the onus was on him to supply supporting evidence for his claim.

I received the documents from the court and there is a Notice to Pay Fee which states that the case had been fast tracked in November 2010 and a fee of £1200 is payable unless I apply for a fee remission. I have printed off a copy of the document I need to apply for this but am not sure if it is me or him that is liable for this payment and I am not sure what to do next. Please can you help me?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

Just to be clear - are you saying he is now the claimant and he commenced the proceedings against you?
Customer: replied 3 years ago.
When we went to court the last time the judge informed us that he was now the claimant as he had brought the case back to court and I am now the defendant and that the onus would be on him to bring all the information to the court with him.
Expert:  Alice H replied 3 years ago.

Hi thanks for clarifying.

 

In civil cases the Claimant has responsibility for paying the Court fees at start of the proceedings and also the Fast Track fee that you've mentioned.

 

 

Therefore, if the fee relates to the case where you were the Claimant then you are liable for the fee unless you apply for remission (e.g. because you receive Income Support/JSA etc).

 

If the fee relates to the case where your husband is the Claimant then he is responsible for the fee.

 

It would be worthwhile clarifying with the Court which proceedings the fee relates to. The Court office (whose details will be on the papers) will be able to help you with this.

Expert:  Alice H replied 3 years ago.
Hi

Please remember to rate my answer so that I am credited for my time.

Alex

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