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vok

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  1. So far there was no debt collecting activity. Rossendales only applied for a charging order on my property 11 months ago. Then I succeeded with my claim at the High Court and they reduced the amount of CCO but raised the fees out of the blue. I know there must be something behind these high fees but I do not know how to challege Rossendales on this matter. Thanks
  2. The letter is from Rossendales with Rossendales logo and address and at the bottom says In Partenship with Legal Aid Agency. Forgive my ignorance...what is DCA wing? Thank you very much
  3. Hi, I wonder if someone can help on this matter. October 2017 - I received a Capital COntribution Order (CCO) for £52968.06 to repay to Legal Aid Agency (LAA) following a legal proceeding. In this case Rossendales claimed £362.50 as enforcement costs and other fees for a Charging Order thay they put on my property. December 2017 - I lodged a Judicial Review as litigant in person against Legal Aid Agency. The argument was that the CCO was miscalculated. Jannuary 2018 - The High Court ordered LAA to recalculate the CCO within 3 months. May 2018 - LAA admitted the miscalculation and issued a variation of the CCO for £39567. This time Rossendales raised the enforcement costs and other fees to £442.50. 21 August 2018 - I contacted Rossedales in order to arrange a payment plan. 29 August - The High Court ordered LAA to pay my costs for the persuance of Judical Review. 31 August 2018 - Out of the blue, Rossendales sent me another variation of the CCO for £41003.63. This time Rossendales raised the enforcement costs to £1878.50. Basically, the amount of the CCO did not changed (£39567). Rosseldales just added more fees. I understand the initial enforcement costs of £362.50 for the application of the Charging Order. But after they secured their credit there was not action anymore in terms of enforcement. I lodged my Judicial Review and succeded in that.They sent me a new CCO and applied fees for £442.50. After contacting them on 21 august to arrange a payment plan they raised again the enforcement fees to £1878.50. Which enforcement fees they are talking about if the only enforcement action took place on October 2017( 11 months ago) for the Charging Order? There was no enforcement action from Oct 2017 up to date especially when I succeded with my Judicial Review. I intend to make some objections to this fees but I need some advice or opinions on the best way to proceed. I really hope that someone can help me. Thank you very much
  4. update. I called the county court and for £10 they sent me the papers that the applicant ( Moon Beever) produced to get and order for recovery of award on behalf of legal aid. Guess what. There is a copy of a letter from Rossendales "Capital contribution Order" which I never received because was sent to a wrong address. The deadline for payment was 31/08/17. That was I presume letter 1. What about letter 2 and 3 before to proceed with an enforcement. I wonder if I can dispute the fact that the CCO was issue to a wrong address The total amount of the solicitor costs was 45k and barrister 10k and I did not even go to a trial. That was for a white collar crime. There is chance to dispute the amount based on the fact that I need to see the breakdown of the legal costs first? Is it possible to dispute the order for recovery of award ? thank you
  5. is this link above a suggestion that the Order for Recovery of Award is in fact the Capital Contribution Order? thank you
  6. Potentially on the following grounds : -that the 50k is based on an old assessment -LAA did not take in to consideration that after conviction I paid a confiscation order of 56k -that now I am under job seeker allowance therefore am unemployed -that I was never provided evidence of the breakdown of the whole sum of 50k -No debt collector claimed the sum in compliance with law and regulation Question: when an Order For Recovery of Award is issued should I have the right of appeal? thank you
  7. Thank you dx100uk for your quick answer. I called the court earlier today and was told to contact the applicant ( Moon Beever solicitors ) who made the application on behalf of Legal Aid. The court said I have 14 days before of the enforcement. This person was not very helpful anyway. I will call tomorrow as you suggested. However, I found out that Moon Beever work also for LAA as rossendales. I called Moon Beever and the lady said someone from her office will contact me via email. I think they realised they need time to set up a credible story. They should have sent a letter to claim the money before the 3rd of August as this is the day when the submitted their application to for the Court order. There are some missing pieces in this story. They never claimed the money especially via a Capital Contribution Order but the reached the end of the procedure already by a Corut Order even if never communicated neither verbally nor written that " I do not want to pay" because nobody asked formally and legally to pay. So how can you allow this Order? Thank you
  8. Hi, Please I need some help. on 25/09 I sent a Subject request to Legal Aid Agency on 27/09 Received letter from Rossendales dated 22.09.17 claiming that I should pay capital contribution order 50k. I posted the letter above. They say I fail to pay. This morning I received an Order For Recovery af Award, which is attached. My point is: I never received any capital contribution order I never refused to pay so how can rossedales say I failed to pay I was not given any notice to pay the CCO nor a deadline to pay How can they issue this order without serving the capital contribution order. How can the county court issue this order without evidence of the CCO and my refusal of pay. Also, Rossendales did not send any dunning letters to claim that I failed to pay. Now I am lost. I do not what to do. Tomorrow the enforcement agent could know on my door. Any help if really welcome. thank you very much convert-jpg-to-pdf.net_2017-10-02_15-42-48.pdf
  9. I never said I do not want to pay. I want to comply with the rules and the rights allowed by the Law. However, they (LAA) need to follow a specific procedure in order to claim a capital contribution. I think I am at the early stage. There is not CCO at the moment and I have only approached the LAA with a subject access request. I need to see what they have about me before speaking to them. If I am wrong in this method of approach I am open to suggestions. Thank you very much
  10. Hi, please see my comment about a letter I received on 27.09.17, which is attached. 1- I sent an email to Rossendales on 20/09/17 stating: Dear Sir/Madam, I received a phone call on 19/09/17 around 11:30am from someone who did not say his name but argued to work on behalf of your company Rossendales. According to this person I should pay some Legal Aid costs for a legal proceeding occurred to me in 2016. During this short conversation I did not give my consent to any sort of agreement nor confirmed the information provided by this person. I am not in the position of verify the authenticity of this phone call. I would like to draw to your attention that I have decided to make further enquiries directly to Legal Aid Agency. Kind Regards 2- I never received a Capital or Final Contribution Order from the Legal Aid Agency so far. Only an income contribution which I had paid in full before the plea guilty. 3- The letter I received is full of grammar and syntax errors 4- They stated “ when a trial has ended”. I never went to trial as I pleaded guilty. How can the final defense costs be 55k? 5- They stated “ as you failed to pay this [capital] contribution within the required time scale”. As mentioned at point 2 I never received a Capital or Final Contribution Order from the assessing authority (LAA) 6- The letter does not give any deadline nor a details of the sum to pay 7- The letter is not signed I presume at the moment they do not have a Capital contribution order ( maybe later the LAA will issue one it the law allows that) so they just what to see my next move as in a chess game. Probably they expect me to call them and enter in a discussion about this matter. Instead, my plan is to ignore them and just dealing with their client (Legal Aid Agency) who is the assessing authority and for this reason on 25/09/17 I sent a Subject Access Request to LAA. At the moment my goal is to find out what they have on me and how they calculate the income and capital contribution if any. As I mentioned in my first post I have two properties jointly owned which during the investigation were under a restrain order so could not be form part of the legal aid assessment at that time . After the conviction I paid a confiscation order in full and the restrain order was lifted. Probably I will have to pay something but I want to do that within the rights acknowledged by the provisions of law. Any suggestion is welcome. Thank you Rossendales.letter.pdf
  11. The 50k of Capital contribution does not make sense to me. I pleaded guilty so never went to trial. I was convicted for a white collar crime. I sent subject access request this morning to the Legal Aid Agency and I am thinking to do the same with Rossendales . Just one more question if I may. If, for instance, the total defence costs is 40k and my total equity value in the two properties ( after mortgages and partner equity) is over the threshold of 30k, mentioned in the Regulation, will l have to pay the difference 10k ? Just asking as I am confused. thank you everybody for your thoughts.
  12. As in my original post, I just wonder if it would make any difference if my wife and I constitute a Family Protection Trust or a property protection trust. I not familiar with those and just exploring if there is a legal way to protect our property. thank you
  13. Thank you very much for your reply. I would like to clarify some information. At the moment there is no capital contribution order issued on me nor there was at the time of the conviction. So far I complied with the Income contribution order which I paid in full already for a total of £5,500 one year ago. Rossendales only mentioned on the phone that I am liable to pay 50k as CCO without proving that. As far as I understood first the CCO must be issued, then served on me, then the debt collector starts to chase the debt. If the debt collector returns the CCO unpaid to the Legal aid then the Legal aid can apply for an order charge on my properties or file a bankruptcy request on me. I agree that if there is already a CCO and you try to transfer your property can be seen as a way to escape the order. In this current scenario there is not a CCO yet so I just asking if the transfer of my part of property to my wife before a CCO is issued can be still challenge by legal aid agency. Otherwise, it sounds like any convicted person would never be allowed to legally sell his property after his sentence because he should wait an see if Legal Aid wants to issue a capital contribution order on him. Thank you for your help ps: this morning I sent a subject access request to the Legal Aid agency.
  14. Hi, this is my first post and I apologise if by mistake I did not pick the correct section. I received a call from Rossendales few days ago asking me to pay £50k Capital contribution order for my defence expenses after my conviction in 2016. I had already paid 5k as income contribution order before the conviction. I told them that I prefer to receive any communication by letter as I like to keep evidence. I did not confirm anything on the phone and I told them that I would have made my enquires to the Legal Aid Agency via a Subject Access Request. So far I have not received any Capital contribution order notification from Legal Aid Agency. Details: I did not go to the trial as I pleaded guilty. I have two jointly properties with my wife but not liquidity in my bank account as I paid the Court confiscation order in full leaving me with not cash at all. The two jointly properties were already declare during the means test. The two properties have outstanding mortgages. Currently I am jobless and receiving JSA. I live with my wife and two young children. The total equity is over threshold of £30k I am probably liable to pay something even if I strongly believe 50k is excessive and not yet supported by evidence. I would like to protect my wife and children first. Can I transfer my share of the two properties in my wife sole name or the name of a trustee, and form a Family Protection Trust or a property protection trust. If this is legally possible, how much could cost and which are the negative consequences to use a Trust, such as taxes or future costs? Thank You very much for your help:-D
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