DMBM668690 | Enforcement action: county court proceedings: fees, costs and charges: irrecoverable fees
From HM Revenue & Customs · Debt Management and Banking Manual
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The following table lists the circumstances in which you should treat fees as irrecoverable
| Circumstances | Action to take |
|---|---|
| Claim not served within the time limit and you start a fresh action | Write off the fees of the original claim |
| Judgment is set aside because the claim was not received | Write off all fees except the claim fee |
| You learn that the debtor is insolvent before entry of judgment | Write off all fees |
| (This content has been withheld because of exemptions in the Freedom of Information Act 2000) | (This content has been withheld because of exemptions in the Freedom of Information Act 2000)DMBM665670(This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
| You learn that the debtor is insolvent after the entry of judgment | Write off any fees not awarded by the court (see INS2303) |
| Order to obtain information not served because the debtor has moved outside the district of the court | Write off the fee for applying for order |
| You request a search at the Land Registry for a charge registered under the Agricultural Credits Act 1928 | Write off the fee for the official certificate |
| The warrant becomes out of date | Write off the fee for the warrant |
| You learn of the debtor's insolvency after a warrant of execution has been Issued | Write off any fees not awarded by the court |
| You accept a claim of non-indebtedness from a third party | Write off the fees of the third party debt order |
| Notice of application for an AEO is returned undelivered where the debtor lives outside the district of the court AND the court will not refund the fee | Write off the fee for the AEO |
| AEO is discharged because the person is not the debtor's employer | Write off the fee for original application |
| Judgment summons or successive JS is not served within the time limit AND you apply for a fresh JS | Write off the fee for the original JS |
| (This content has been withheld because of exemptions in the Freedom of Information Act 2000) | (This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
| Debtor notifies the court of a bankruptcy order at the JS hearing | Write off any fees not awarded by the court |
| Court does not award JS fees and/or travelling expenses | Write off those fees |
| Debtor notifies the court of a bankruptcy order after the issue of a warrant of committal | Write off any fees not awarded by the court |
| (This content has been withheld because of exemptions in the Freedom of Information Act 2000) | (This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
| JS hearing adjourned for 12 months and you do not apply for a fresh hearing | Write off the fee for the judgment summons |
| You learn that the debtor is insolvent after the issue of a JS | Write off any fees not awarded by the court |
| Proceedings are for a liability due after an AO has been made and the court adds the liability to the AO | Write off any fees not included in the AO |
| N244 and amended particulars of claim filed where you have been unable to obtain the defendant’s written consent to amend the particulars | Write off the fees of the N244 application |
| (This content has been withheld because of exemptions in the Freedom of Information Act 2000) | (This content has been withheld because of exemptions in the Freedom of Information Act 2000) |