As you may or may not be aware, there are upcoming changes to the way that Charging Orders and Attachment of Earnings are being dealt with.
The centralisation of Charging Orders and Attachment of Earnings will take place from the 6th April 2016.
What will happen?
Applications will need to be sent to the centralised unit for review against a set of criteria (A & B sections) by a Court officer and if the section A criteria is met, the application is transferred to the CCMCC (County Court Money Claims Centre) in Salford for issuing subject to section B criteria being met.
If the section A criteria is not met the application will be returned to the applicant.
If section A and B criteria are met the interim charging order will be approved.
If section A criteria is met but section B is not, the application will be passed to a District Judge for review.
For more information on the decision criteria and details of the Courts workflow process map please review the attached documentation at the bottom of this page.
Attachment of Earnings
The application will be sent directly to the centralised unit for review and if the application is related to maintenance or if a further application is located it will be sent directly to the home Court.
If the application is checked and searched as clear, the case will be transferred to CCMCC electronically for issue.
For more information and supporting documentation please review the attached documentation at the bottom of this page.Does Liberate need to change?
Yes, within Liberate the workflow process for these enforcement methods will need to change to accommodate these changes. Full details of the process maps can be found attached to tat the bottom of this page so that you can cross-reference it with your workflows.
One of your Liberate designers should be able to make these changes and test them prior to the 6th April, however should you require assistance from the Liberate team please do not hesitate to contact your account manager who will be able to arrange the necessary support.Just before you go
… As you may be aware, subject to Parliamentary approval, there will be a number of changes to court and tribunal fees anticipated for next month.
- In possession claims the fee for issuing proceedings will be increasing from £280 to £355 and for those who lodge online through PCOL from £250 to £325.
- In general applications within civil proceedings the fees will be increasing from £155 to £255 for an application on notice and from £50 to £100 for an application by consent/without notice. These increases will not apply to general applications made within protection from harassment claims or applications for a payment out of court funds. Nor will they apply for applications within insolvency proceedings where the existing fees for general applications will continue to apply.
- In applications for divorce the fee will increase from £410 to £550.
Further information about the date when these increases will take effect will be provided at such time as Parliament approves the changes.