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Confused re Court Fees Exemption Form!

  • elderflower
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04 Dec 13 #415433 by elderflower
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Hi! Hoping I can get an answer please as am becoming increasingly confused and befuddled as am getting conflicting advice! My divorce is straightforward and we are both amicable and in agreement thank goodness and we are both receiving income support so I am applying for a fee remission based on this. My solicitor sent me the form to fill in which I did ticking income support and sending an up to date letter confirming my benefit etc, Then she emailed to say I needed to send my last three bank statements which I did- although she says there was only one which I know is not true! Then she said I had filled the form in wrong and hadn''t filled out any of the income section etc- yet I was under the impression that was only if you were applying for remission 2? Then she said I hadn''t filled in the status box which I remember doing as I had to read the guidelines in order to know which one to tick. I emailed her to ask (politely!) if she was sure it was my paperwork she was looking at but haven''t heard back and it''s been a week!
So, do I print off another form and fill it all in including income, get another entitlement letter and order more bank statements or have I filled in as much as I need to by just providing evidence of income support? Eeek!! Thanks for any help!!

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04 Dec 13 #415436 by u6c00
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If you''re on income support you only need to fill in remission 1 and sign it. The only evidence you need to provide is a letter confirming you''re receiving income support dated within the last 4 weeks.

You don''t even need to provide bank statements if you''re filling in remission 1.

I think maybe it''s worth printing another one off. It''s form EX160A . Dont''t print the whole thing, the form to fill in starts at page 30.

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04 Dec 13 #415437 by elderflower
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Thank you! That''s confirmed what I thought- and did on my original form. I''m sure they are looking at someone else''s paperwork as it just doesn''t make any sense to me at all! It seems pretty obvious that if you need to apply on remission one then you have already been deemed to have a low income by the government so no point in providing any other evidence!
So frustrating too as our divorce is so straightforward but these little things just create unnecessary stress!

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04 Dec 13 #415439 by dukey
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Maybe not, most solicitors don''t complete application forms and ex160 is a little odd and not used that often, to compound those who consider the application often send back some strange questions.

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05 Dec 13 #415477 by elderflower
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Just had another email today saying I have to fill every section in, send the bank statements in which I have already sent in but they apparently only have one, so have to now order them from my bank and get yet another letter from income support! And a deep breath!!

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05 Dec 13 #415478 by u6c00
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I would phone them up. They''re making it far more complicated than it ought to be.

If you tick the income support box in remission 1 it says to go to section 7, which is the refund part, and then the declaration is section 8.

If you fill in every section and submit extra evidence like bank statements you''re just going to confuse the hell out of the poor court staff who has to deal with it. Also it gives the courts the opportunity to reject your fee remission application because the form is improperly filled in.

Speak to your solicitor, and make sure you''re not paying for it!

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