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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rang Northampton Judgement date and have been advised

Resolved Question:

I rang Northampton for the Judgement date and have been advised that the ‘case’ needs to be transferred to the Clearkwell and Shoreditch Court. I am conscious that you advised I should send it to the Court that Judgement was made in (Northampton). I am guessing that sending it to Shoreditch just takes a step out of the process? Is it this court name (Shoreditch) that I need to insert at the very top of N316 to the left of the Claim number?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello and thanks for the question.
Alex Watts : You have to send it to Northampton
Alex Watts : if you send it to the other court as that will confuse matters
Alex Watts : it only gets transferred to the home court when you try and enforce
Alex Watts : Does that help?
Customer:

OK, so Northampton receive it and they then assign it to Shorditch?

Alex Watts :

Yes that is right. They transfer it there

Alex Watts :

But they wont do that until you apply to enforce

Alex Watts :

Does that clarify?

Customer:

so Northampton CCBC, take the N316 and from that produce an N39, which they send back to me to serve.

Customer:

Because of the affidavit and all that I am thinking of engaging an ‘enforcement agent’ to serve the N39. How do I do this?

Alex Watts :

Correct. Yes I would get an enforcement agent.

Alex Watts :

Or you can ask the court to serve it, but that is an additional £100

Customer:

just what is the "apply to enforce" bit you refer to?

Alex Watts :

Well you want an order to obtain information,

Alex Watts :

So any step you take will be transferred to the local Court

Customer:

what other enforcement agents are there besides the Court.

Alex Watts :

None.

Customer:

Looking in EX50 but can’t seem to find the price. Can you advise where it is in EX50 ie what is it termed as?

Customer:

So I have 2 defendants and to N39 both of them will cost 2 x £150 = £300?

Customer:

Do I write a single cheque of £150 to accompany each N316? or do I need to break it down further into a £50 and £100 cheque. Just asking in case the Court sort of cross allocate the monies ie cash it into different accounts?

Alex Watts :

You can do one cheque with a covering letter of what it is for

Alex Watts :

You can say what is for what on the letter - that will be fine

Alex Watts :

Does that help?

Customer:

yes. so if I just say I want the court to Serve the papers in the cover letter that will be Ok?

Customer:

One check for both N316s ie a single cheque for £300 is that OK?

Customer:

Can you advise on what the term used in the EX50 is covering the serving of papers bit?

Alex Watts :

Yes that is fine. With a covering letter

Alex Watts :

I do not understand what you mean by EX50 serving etc?

Alex Watts :

If you want to request the Court bailiff to serve, the fee is £110

Alex Watts :

Does that clarify?

Customer:

sorry The leaflet that explains all the charges for various court activities. I understand that there is a price for serving document in this leaflet but I cant see it. Wondering what name / title it comes under in the leaflet EX50?

Customer:

What is the difference between the Court at £100 and the Court at £110?

Customer:

sorry I mean Court Bailiff at £110

Customer:

Think I am there for this question session will no doubt be posting a new one :-)

Alex Watts :

Court fee £100 for application for information

Alex Watts :

£110 to serve the document

Alex Watts :

Does this help?

Customer:

Just want to double check:

EX050 - Civil and Family Court Fees - From 22 April 2014

Page 8 - Request for service

Request for service by a Bailiff for any document. £110

Then..

Page 10 - Order to obtain information from a debtor

To issue an application for an order for a debtor or other person to attend court to provide information. £50

To request Bailiff service of an order for a debtor or other person to attend court to provide information. £100

The above leaflet EX050 states:

This leaflet sets out a selection of civil and family court fees. It is not the full list, neither is it the authority on fees. For a full list of fees charged in the civil courts please see the EX50AHMCTS on hmctsformfinder.justice.gov.uk

And from leaflet EX50A HMCTS: April 2014

8.3 Application to require judgement debtor to attend court £50

8A.1 Request for service by a bailiff £100

So does that make each N316 application £150?

Sorry about the further questioning.

Alex Watts :

Yes if you want the Court to serve

Alex Watts :

Does that help?

Customer:

right .....so a cheque for £300 in total for the submission of two N316s including the serving of each N39 by the court bailiff?

Alex Watts :

Yes

Customer:

that's great.. thanks very much ....... again.

Alex Watts :

Happy to help - please remember to rate as always

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