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Enforcing Court Order

(5 Posts)
Joy5 Mon 19-Jan-15 14:42:51

My ex is refusing to comply with the court order, I think my next step is to issue a penal notice. He hasn't paid the mortgage, which obviously means it won't be long before the building society steps in.

Except I'm on a low income, is there any way I can claim the money back for doing so, it will cost £80 which is a lot to me.

I self-repped to the Final Hearing due to my low income, and really thought this was all over and sorted, except my ex is still carrying on as he was before the Judge ruled.

Asteria Tue 20-Jan-15 14:31:06

Afraid I can't offer any help, but DH an I are dealing with his ex going outside the court order repeatedly and I know how frustrating it is. If I were in your situation I would push him back into court, although I have no idea how you do that! Sorry to be of absolutely no help whatsoever

FlowerFairy2014 Tue 20-Jan-15 18:07:02

I think people on state benefits for example do not pay any court fees so do check that first. On the court forms website I believe there is a leaflet about court fees which probably sets out the limits.

Separately anyone bringing any kind of court claim usually can claim the court fees they incurred from the other person so I do not see why that would not apply with a penal notice application.

Joy5 Tue 20-Jan-15 21:40:33

Thanks for answering. I get tax credits but can't work out so far if that means i have to pay or not.

With self-repping i'm not sure how i claim my costs back, my ex is not obeying the consent order, seems so wrong that it might be me who has to somehow manage to pay the costs in order to get him to do what the Judge ordered!

Asteria Wed 21-Jan-15 15:18:55

I was looking into this last night for DH - you can send a warning notice. I think that the form is C78 on the HMCS, which is about £80 if memory serves. There is also a form there or claiming any costs incurred by his non-compliance with the court order. Hope that this helps

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