Costs at Summons stage

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  • #20619
    pauldean
    Participant

    Hi people-

    we have been addding costs to accounts at summons stage for years now- does any know under what legislation we are allowed to add costs to our debts when we issue a summons?
    It only takes one person to ask at court ๐Ÿ™„
    thanks

    #3264
    gerryg
    Participant

    Hi Dean

    It’s in Reg 34 of the A&E Regs (1992 No 613)

    [quote:74aeb12784] (6) The court shall make the order if it is satisfied that the sum has become payable by the defendant and has not been paid.

    (7) An order made pursuant to paragraph (6) shall be made in respect of an amount equal to the aggregate ofโ€”
    (a) the sum payable, and
    (b) a sum of an amount equal to the costs reasonably incurred by the applicant in obtaining the order.

    (8) Where the sum payable is paid after a liability order has been applied for under paragraph (2) but before it is made, the court shall nonetheless (if so requested by the billing authority) make the order in respect of a sum of an amount equal to the costs reasonably incurred by the authority in making the application.

    [/quote:74aeb12784]

    Para 7 says the LO has to include the costs incurred. Para 8 says you can still get a LO for the costs only if you have applied for a LO and the person pays the outstanding ctax before the LO hearing.

    That seems to suggest you can add the costs at any time you like.[size=18:74aeb12784][/size:74aeb12784][size=24:74aeb12784][/size:74aeb12784]

    #3265
    pauldean
    Participant

    I have had a look at the CTAX regs and am happy; but cannot find a similar paragraph in the NNDR regs. They do not have the equivalent of paragraph 8 – or not that I can see anyway ๐Ÿ˜ณ

    #3266
    gerryg
    Participant

    I can’t see the provision in the NDR Regs either ๐Ÿ˜•

    #3267
    gerryg
    Participant

    I’ve found it!! ๐Ÿ˜€

    It’s Reg 12(7) of the NDR (C&E) Regs 1989 (SI 1989 No 1058) as inserted by Reg 6 of the NDR (C&E) (Misc Provisions) Regs 1990 (SI 1990 No 145).

    Knew it had to be there somewhere!

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