If you have a limited income and need to take court action this useful guide will help you to avoid court fees.
Court Obstacles – Fees
Fighting for our rights became dramatically harder in 2013 when the Government removed funding from entire areas of Civil Law including:
- Personal Injury & some Negligence Claims
- Employment Law –affecting Whistleblowers & cases of Unfair Dismissal
An argument against the changes claimed that the very poorest & most disadvantaged in society were now being denied justice when for many the only way forward is Court Action. It argued that people would represent themselves and that court hearings would last longer. The burden on court and staff and judges would increase imposing a heavy drain on the system.
This would, of course, be factually correct and become a huge problem to the Justice System if the same amount of cases were being brought to court. It is therefore unfair, unfortunate but understandable that the Government do not broadcast all of the helpful facts and options available to society in their defence and that case numbers continue to fall.
The added deterrent of Employment Tribunal fees was introduced in July 2013 which resulted in a 70 % drop in cases. Personal Injury claimants suffered again in March 2015 with increased court fees at a cost to injured claimants seeking to recover damages from the negligence of others.
Court Fees – the Good News
The good news here for many is that an option IS available. The bad news is that far too many people continue to base their decision without having the necessary and relevant information which could make all the difference.
EX 1 6 O A – Tried & Tested!
Can I get my Court Fees Remitted? The EX 16 O A
Anyone considering court action should be aware of the EX 1 6 O A which can make an impossible situation regarding court fees possible. A valuable piece of information I do not believe enough people considering court action are aware of. I have used the EX16OA numerous times and have paid no court fees or costs.
The EX16OA.
The EX 16OA is a fee remission form and can excuse people from paying court fees altogether. It can also help reduce court fees if an amount must be paid. It is there for people who are currently unemployed or on a very low income or for those who only have a small number of investments or savings and still wish to defend their rights. It can also be used to refund court fees if they have already been paid within 3 months.
The system is based on 2 tests:
- Disposable Capital Test
- Gross monthly income Test
Full information regarding the EX16OA is available online and fee remission is explained in full. You will need to provide details of your income and sign a declaration of truth. It can be downloaded or requested in paper form from the court.
Please Note- The Bumpy Ride
- If you do qualify for the EX160A be sure to Always use Recorded Delivery. Courts are prone to having no record of documents which have been received and signed for until you can Re-prove receipt and Re-send them the confirmation details. At this point the court often finds’ the missing document.
- Always keep a copy of your completed form
- Good luck.
phsothetruestory 
Reblogged this on Through a lens diary.
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Not really a secret. The information is freely available at any County or District Court in England or on line. Most people only learn about it when they have to use the court service and cannot afford to. .
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Indeed this information is available and I myself only learnt about it whilst in court proceedings however; there were a number of knowledgeable people along the route who could have and did not inform me of this & it is all down to research which takes added stress , work & is time consuming, after all thats what solicitors are for! If from writing this piece I have helped even one person who did not expect to face court and in making an informed decision either way it has been worth it!
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Elise, Solicitors are not in the business of giving financial advice on how to pay their costs.
Only solicitors specialising in legal aid cases show any concern as to how their fees and costs will be paid.
In the first consultation the law society requires all solicitors to advise prospective clients what their fee are in writing. Also how much the total cost is likely to be.
Unless you comment at the time the solicitor will assume you can afford to pay – until it is too late.
Most Solicitors are only in it for the money. .
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What a well kept secret!
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I know that so many people who for example see such thing as a Judicial Review totally out of their reach due to costs are unaware of this information & that people write things of and make their final decisions uninformed. Knowledge is power 🙂
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Excellent piece of advice. I have used this form EX 160A to have court fees reduced on several occasions. It is in effect a means test. Another option is to contact Avma in Croydon who have a list of approved no win no fee solicitors.
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In 2013 when it became ‘dramatically harder’ to get help from the Justice system as this element was closed to the ordinary person……I understood from that moment on. Yes will need lots of luck.
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🙂
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