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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can I make a small claims for my application fee against the

Resolved Question:

Can I make a small claims for my application fee against the UK Border Agency.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Could you explain a little more?
Customer: I want to know if there is any legislation or rule that stops one from making a claim against The Home Office. Specifically, I want to make a small claim against the Immigration and Visa directorate (former UK Border Agency) for my visa application fee. This is a straight forward small claims case. I know you can't make an online money claim against the Crown, so I just want to make sure I can claim against the Home Office on an N1 as per other small claims?
Alex Watts : You are not stopped from doing this, you can make a small claim against the Home Office.
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer: Alex. I
Alex Watts : Yes?
Customer: Alex. I am concerned as to whether or not you have given me the correct information or not. You have said that I can either make a claim online or using an N1 form?
Customer: Sorry I pressed the button too soon.
Customer: I am not able to make my claim online as it states I am unable to make a claim against a government department on the MCOL website.
Customer: As you are incorrect about this, how can I be sure that you are correct about me being able to make a claim.?
Alex Watts : If it is a debt then it is form N1 you need,
Alex Watts : This is used to start a claim for a debt,
Customer: My question is not how to make a claim but whether or not I CAN make a claim against a government department?
Alex Watts : Yes,
Alex Watts : You can sue the Home Office
Customer: Thank you.
Alex Watts : You can't sue everything, ie just because you don't like a policy
Alex Watts : But if there is a debt then you can sue
Alex Watts : Can I clarify anything else?
Customer: I already have a default judgement against them.
Alex Watts : ok
Customer: I just can't understand why they didn't defend it
Alex Watts : They may have been too busy,
Alex Watts : Now you just need to enfroce it,
Alex Watts : Can I clarify anything else?
Customer: No that's it. Many thanks
Alex Watts : Great, please remember to leave feedback before you go todya
Alex Watts : today
Alex Watts : Good luck with enforcement,
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