Hello, thanks for your question.
My name isXXXXX will answer this for you.
You can make an application for permission to pay the amount over time. If you do this, you can ask for the application to be determined on paper - but to do that you would need to exhibit a witness statement to the application setting out your incomings and out comings, and what you can afford, and what your proposals for payment are.
If you don't pay, and the order isn't varied, then they can enforce against you by trying to send in the bailiffs, getting a charging order against your home etc.
The Court may also make an unless order, which means that if you don't pay within a stated period, it could potentially strike out your claim.
This would mean you would automatically lose and you could be ordered to pay the rest of the claimant's costs of the litigation so far.
Hence if you cannot pay it, it is always sensible to approach the Court rather than simply ignoring it and hoping it will go away - it rarely does.
No name for the application - just call it an application to pay the costs order of [date[ by instalments.
And yes, if you can agree something with the other side, that is always the most sensible thing to do.
All parties to the proceedings should know what is happening.
Likely to be, yes, unless your outgoings are unusual in sums etc. and would need justifying by invoices/contracts etc. But if you said, for example, Council tax of £50 per month, I doubt a Judge would challenge that. Certain expenses we all know about through general living, but those which need explaining should be explained and corroborated wherever possible.
I doubt it - I would have thought a statement from you would be enough.
Thank you - good luck with sorting this.
Incidentally, when did you commence the claim?
And .... do you have a CFA with solicitors involved?
this is really important.
Has the Court made a finding that you have done anything fraudulently so far?
Was this pre-action disclosure?
Under Rule 31?
Can you answer this specifically and simply please, it's very important.
Did you issue a claim?
Hang on a sec ... can you just answer my questions, one word answers.
Did you issue?
Okay, then they asked you for documents after a Court made directions for you to provide disclosure?
And you didn't provide them?
You do now. But, before that - the reason they applied.
You were previously ordered to disclose, but you didn't, right?
Okay, what I have told you above is wrong. Because this is a personal injury claim, you have the protection of what is known as QWOCS. This is qualified one way costs shifting. It means a claimant doesn't pay costs orders until after the proceedings and then only with the Court's permission. The reason they are saying you have been fraudulent is that this is really the only way they get to remove the costs protection that you have.
Look at this: http://www.weightmans.com/PDF/QOCStheChangesformattedMarch2012.pdf
Actually, this is better for you: http://www.markthompsonlaw.com/qualified-one-way-costs-shifting/legal-costs/
Yes, I know.
You need to try and get some help if you can. I can't suggest any particular lawyer but I would say just call up as many as you can and keep trying to find people willing to help.
If you struggle, speak to the law society (www.lawsociety.org.uk) and they will help you.
Okay, does this answer your question now?