How do I get the court to release funds now DS is 18? VERY confused!

[CourtFundsHelp]

Anyone with legal knowledge or similar experience, I’d be very grateful for your help please. I’ll try and get the detail in below, sorry it’s long.

DS was inured in a car accident a few years ago and via a claims management company / solicitor was awarded compensation by the court. The money has been held by the Court Funds Office until he is 18, I get an annual statement.

I understood that the CFO should have written to him before his 18th birthday with instructions on what happens next. He turned 18 3 weeks ago and we haven’t had a letter.

DS wrote to the CFO to ask about the letter’s whereabouts. They have replied with a typed document (attached as a pdf document, not on headed paper, signed with first name only, no job title, no contact detail) saying the court decided not to give him payment on majority (this is news to me) and so he needs to apply for the release of the funds and he has to fill out form N244. They are ignoring his request (repeated) to send the actual letter, that hasn’t yet turned up.

I’ve looked at the form N244 and am lost as to what to do. It is asking about attaching a draft order and do we want a hearing, and what level of Judge, and who is the defandant and who should be served with this application.

Surely we went through all this at the time of making the claim? I have no idea about orders or hearings or judge level etc.

The CFO simply said at the time of award the fund would be retained until he reaches 18 and then would write to us about obtaining payment. There was no mention of it being held back at majority.

I also note we have to pay a fee of £119 just to submit this form!

if anyone can advise how to approach this or even how to complete the form that would be great. 🙏

"I also note we have to pay a fee of £119 just to submit this form!"

I can't help with whatever application you need to make, but the fee won't be a problem.

I assume that your DS is still at school?

Court fees are not payable if you are on certain benefits or low income. It is your DS who will be making the application in his own name and I presume that he does not work.

The gov.uk website explains how to apply for help with court fees. You can do it online or on paper if you need to do a paper application.

https://www.gov.uk/get-help-with-court-fees

Long time since I was involved in this stuff but what happened used to depend on how the order providing for the damages was set out.

If there was a direction to pay on majority the CFO would send a letter out so the beneficiary could sign it after they were 18 to nominate how it was to be paid. Used to send cheques but they were not secure enough 40 years ago and I think you'd need to provide bank details for a transfer.

If no majority direction in the order the court will have to make an order for payment which, I think, is where you are now. I assume the court ordering payment out will be the same one that dealt with the compo claim.

Can either the court office or the outfit that organised the claim help in any way.

Thanks both. I’ve now done a help with fees application. The court don’t seem to want to send the actual letter we were expecting. I will cobble something together and hope it is sufficient!