If you intend to make an application to the County Court, you will have to pay the applicable fees. It can be confusing as to which fee you have to pay because the Court uses the same application form for a number of purposes.
Application Fees payable by the Defendant (Homeowner)\
The fee depends at what stage your case is and what you are trying to achieve by making the application. The main application that we have to submit when we are preventing a Homeowner losing their home is an N244 Application. However, this form serves many different applications that can be made to the Court.
Defending an eviction order
When submitting the N244 form to suspend or stop an eviction order where a warrant has been applied for and received by the Court, the fee is presently £50. This is paid to the Courton submission of the application and is not refundable if your application is refused, or you lose your hearing.
It is very important that you know your defence BEFORE you make your application, and you need to be sure that defence gives sufficient legal grounds for you to win. Having nowhere to live or having disabled or elderly people at the property or claiming you need more time is not going to be enough.
If you want to establish the right defence, call us, and we will make sure you get it right first time. Making a second application is not likely to be successful.
Do I need permission to make an application?
We stop repossession action on some very difficult cases that have an extensive history with the Court. Some cases have been in the Court system for 12 years and where there have been a number of hearings, the Judge may impose certain restrictions. The Judge can insist that the case is only heard by a specific Judge, or that you must seek permission from the Court in order to make your application.
If such a stipulation has been made against your possession claim, it is more difficult to make the application, because the application must first seek permission from the Court, where a Judge must agree to accept the application, and if accepted, the application has to be submitted. Some Courts will charge the £50 application fee for both parts; seeking permission to apply, and if granted, accepting the application to suspend the eviction.
Not all Courts charge the £100, but it is entirely up to the individual Court as to how they process the application. If you are not sure about any single aspect of your application, you need to call us so we can advise you specifically and make sure you do not make your own case fail at the first hearing.
What if I do not have an Eviction Notice?
In some circumstances, the Court may have made an order that the Homeowner is not satisfied with and they wish to set aside the order or vary the order, the fee is significantly higher at £255.
An application of this nature is more detailed, and the hearing is typically longer as you are asking the Court to change an order that has already been put in place. An example of an application would be to amend the amount the Homeowner pays towards the arrears every month.
In other circumstances, a Homeowner might have missed their Court hearing or defended the case poorly and an outright possession order has been awarded.
You can make an application using the same N244 form, however, the hearing will not be set as quickly, hearings may not be set for months, during which time you are still under pressure from your Mortgage Lender.
Importantly, simply because you have made an application, it does not mean that your lender cannot apply for eviction. Your eviction date could come through before your application is heard, and you must make a second emergency application as described above. In cases where this has happened, the Court has refunded the £255 and accepted the £50 application instead.
We are specialists in this field and can advise you what application you need to make and when.
Does My Mortgage Lender (Claimant) pay Court fees?
Many Homeowners underestimate the fees it costs to process a repossession and proceed through to eviction. What Homeowners further do not realise until they get an account breakdown is that the fees are added to your mortgage account.
Here is a breakdown of some of the Court fees that will be added to your mortgage. This does not include Your Mortgage Lender or loan companies legal and solicitors’ fees which will be significantly higher.
Possession Claims Online
Claim for recovery of land through Possession Claim Online
Warrant of Possession / Warrant of Delivery
£110 county only
Warrant of Execution
£110 county only
Reissue Warrants of Execution, Delivery or Possession
Do I Have to pay Court fees?
The vast majority of our clients have to pay the Court fees and they are payable directly to the Court.
You will not have to pay a Court fee if:
a) You are on Income Support, or
b) Working Tax Credit, (but not also receiving Child Tax Credit), or
c) Income-based Jobseeker’s Allowance, or
d) Pension Credit guarantee credit under the State Pension Credit Act 2002, or
e) Income-related Employment and Support Allowance,
You must complete Court form “Ex160”, which is available from the Court. The submission of these forms often causes an unnecessary delay in urgent cases and the importance of saving your home far outweighs the cost of £50 for the application.