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Un-Welcomed News As Court Fee's To Rise Again

posted on 15 April 2011 | posted in Insolvency Service News  | ( 2 ) Comments


Debt Advisors at Integrity Financial Services have said that the latest bankruptcy petition fee rise by the Insolvency Service will only add to further pressure and stress for people trying to solve their financial situation.

The Insolvency Service has just issued an Amendment Order made by the Lord Chancellor and Secretary for Justice, that from the 1st June 2011 their fee will rise to £525 per person.

This means that a person wishing to petition for personal bankruptcy must now pay a total of £700 to be made bankrupt.

The fee from the 1st June 2011 will be made up of £175 for HM Courts Service and £525 for the Insolvency Service. Total to pay on the day of the debtors petition hearing £700.

The Insolvency Service has advised that the latest fee rise is fair as the debtors should pay more back to their creditors and be responsible for their debts.

However the fee rise has been widely criticized as last year the fee rose by £90 and now this year from the 1st June it rises by £75. A total of £165 in just 14 months and a rise of approx 46%

Here is a copy of the Amendment Order which is available to download on The Insolvency Service website at www.insolvency.gov.uk

2011 No. 0000

INSOLVENCY, ENGLAND AND WALES

fees

The Insolvency Proceedings (Fees) (Amendment) Order 2011

Made - - - - ***

Laid before Parliament ***

Coming into force - - ***

The Lord Chancellor, in exercise of the powers conferred bysections 414 and 415 of the Insolvency Act 1986([a])and with the sanction of the Treasury, makes the following Order—

Citation and commencement

1. This Ordermay be cited as the Insolvency Proceedings (Fees) (Amendment) Order 2011 andcomes into force on 1st June 2011.

Amendments to the Insolvency Proceedings (Fees) Order 2004

2. In thedefinition of "appropriate deposit" in article 6(1) of the InsolvencyProceedings (Fees) Order 2004([b])—

(a) insub-paragraph (a), for "£1,000" substitute "£1,165";

(b) insub-paragraph (b), for "£450" substitute "£525"; and

(c) insub-paragraph (c), for "£600" substitute "£700".

Transitional Provision

3. Theamendments made by this Order apply only to petitions presented on or after 1stJune 2011.

Lord Chancellor and Secretary of State for Justice

Ministry of Justice

We concur

Two of the Lord's Commissioners of Her Majesty's Treasury

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes amendments to the Insolvency Proceedings (Fees)Order 2004 (the "principal Order"). Article 2 increases the amount of the deposits payable pursuant toarticle 6 of the principal Order on presenting a petition for bankruptcy orwinding up.

Article 3 provides that the increases apply only to petitionspresented on or after 1st June 2011.

A full impact assessment of the effect that the instrumentwill have on the costs of business and the voluntary sector is available fromPolicy Unit, The Insolvency Service, 21 Bloomsbury Street, London WC21B 3QW andis published with the Explanatory Memorandum alongside the instrument onwww.legislation.gov.uk.



([a]) 1986 c.45.

([b]) S.I. 2004/593, amended by S.I. 2005/544,2006/561, 2007/521, 2008/714, 2009/645 and 2010/732.




 

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Comments ( 2 ) - Add Your Comment
This is awful, it`s bad enough having to go to court to be made bankrupt but this is 46% in 14 months! Are the government on the same planet as us? Fair enough debtors have a responsibility to pay something back to their creditors but if this is a ploy to reduce bankruptcy numbers it will not work. I feel sorry for the people who have no other option but to go bankrupt and will simply struggle to save up to pay the fee at court. At least they will be getting the right help from companies like this one. Thanks for letting us know Integrity.
by David on 15 April 2011 10:45

I agree with David 46% increase is well above inflation-is this a government tax on those in distress?

I have heard about "Stealth Taxes" but this is RIDICULOUS!!!
by Fiona on 15 April 2011 20:12

 
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