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  1. looking for help and guidance re a Capital contribution order for Legal Aid being collected by Rossendales. In 2011 a friend and his partner were arrested for fraud both were co-defendants and both pleaded guilty at first hearing. As part of the criminal proceedings in October 2011, a restraining order was issued from Taunton Crown Court, freezing the assets and including the house. After conviction in April 2017, a Confiscation order was made under the Proceeds of crime act and the house was sold to pay. POCA was for £27k for party A and 260k for party B. on 28th August 2018 Party A received a letter from Rossendales stating a capital contribution order. It has stated the amount is £53697.11 and given 28 days to pay. This is broken own as Final defence costs of £57172.11 and disposable capital of £209185.44. they have stated that his is the equity in the house minus £30k. However, from the Criminal Defence Service (contribution orders) Regulations 2009 reg 17 where an individual is restrained from dealing with a capital resource, the assessing authority shall disregard that resource, and as property was sold under a confiscation order, the monies being paid directly to the court to clear the POCA and the balance then returned. under reg 26 of the CDSR there is no liability Rossendales were informed of this by letter dated 4th September, a reponse was received dated 13th Sept stating they were not made aware of the restraining order and confiscation order, proof of such must be given and then a review will be undertaken. A copy of the letter was also sent to the Legal Aid Agency, to which a similar response was received. The relevant documents have been requested from the CPS and they have acknowledged and will send them next week. today a letter has been received from Rossendale with a heading NOTICE OF INTENTION TO ENFORCE CONTRIBUTIONS ORDER this states that if payment is not made in 7 days they WILL make an application to the court to take enforcement action. Can anyone advise re this last letter, please? My understanding is that as the amount in dispute then proceedings should be frozen until it is resolved. As it stands, by calculations the Contribution order will be assessed as below the £30k and therefore struck. the timings given appear unreasonable, to say the least, and Biffin Ltd v HMRC appears to give guidance on the matter. Any other advice would be much appreciated. sorry if ive done this wrong, but the rest of the documents ross1.pdf 2018_09_28 23_57 Office Lens.pdf own reply1.pdf ross2.pdf ross3.pdf rossnip1.pdf rossreply1.pdf rossreply2.pdf
  2. https://www.consumeractiongroup.co.uk/forum/showthread.php?421236-Rossendales-DCA-chasing-old-legal-aid-debt-**WON!!-revolked-cancelled** HELP PLEASE, Thanks for sharing your experience of dealing with Rossendale and Legal aid right through the end. It gives me HOPE about my same problem i'm experiencing at present. In my case, it is now been over 6 years since the end of my case when i was convicted of a crime in end of 2011. i received a surprise out of the blue capital contribution order of over 40k to be paid within 28 days. letter with legal aid heading on the left side and rossendales on the right head, signed at the end 'for and behalf of head of crime case management.......plus a separate letter from rossendales. legal aid was granted after assessing income etc at the time and i did not contribute anything. i was never made aware and had no knowledge of the amount granted or provided with the cost of fees from solicitors firm -if i knew the fees was going to be sky high i would have never got representation. i was unaware of any conditions to pay at a later date i understood it was a grant, not a repayable loan. my question is under the section 9 of statute barred limitation act 1980-after 6 years since the legal aid application, can legal aid agency enforce this debt on me? please help.......
  3. This thread is probably in the wrong section of the forum so could one of the moderators move it to the appropriate section. HMCTS have updated Form EX160 to include a Fee remission contribution calculator (Form EX160C). A very useful addition indeed. https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees
  4. Just got a phone call from job center plus telling me to attend a appointment on march 8 in a job center that is 30 mins away when there is a perfectly good one 10 minutes down the road from me and a lot easier to get to . Also they are asking me to attend even though its contrubtion based and it is coverd my a doctors sick note and I have not been released form my company . Basically anyone know what they want because they have had all the paperwork and can I change it to the closer job center
  5. hi everyone, hoping somebody is able to assist me as my partner and i are getting increasingly confused as to what we are entitled to. i have been on several benefit sites but seem to get lots of conflicting information. i was medically retired in 2015 and receive a small pension of £375 a month along with £107 contribution based esa (support group) per week. i know the esa i receive is a little less because of my pension earnings. my partner is also medically retired (with no pension) and she also claims contribution based esa (support group) and she receives £109 per week along with an enhancement rate of £15. she also receives pip standard living rate of £55 per week and as we have a teenage child has also been claiming child tax credit at the rate of £62 per week. this has now been stopped and she has been informed that she has to pay back over £3000 of overpayments as this was claimed at the single rate as oppose to being claimed as a couple although we are allowed to claim esa separately. we also have a mortgage and as far as i am aware cannot get any help as we are in receipt of contribution based benefits as oppose to income related.
  6. Did not pay NI conts in 14/15 and 15/16 as I was below lower earnings limit. I am now unable to work due to a health condition. If I opt to pay the contributions for both these tax years is it likely I will then satisfy both of the contribution conditions for an award (I know I am not entitled to income based as my partner works). The second condition is really confusing me!!! The guidance online says:- You qualify for contributory Employment and Support Allowance (ESA) if you have paid sufficient National Insurance contributions. There are two contribution conditions you must meet: First contribution condition - in one of the last two complete tax years, you must have paid Class 1 or 2 contributions on relevant earnings at the lower earnings limit for at least*26 weeks. This means you must have worked for at least 26 weeks of the last two complete tax years; and Second contribution condition - in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions to the value of 50 times the lower earnings limit. Anybody?? Please
  7. Service marks 100 years of women’s contribution to UK Armed Forces READ MORE HERE: https://www.gov.uk/government/news/service-marks-100-years-of-womens-contribution-to-uk-armed-forces
  8. Hello. I've recently moved in with my partner. I am in receipt of contributions based ESA until end of Aug. My partner is self-employed. I rang DWP to notify them of my change in circumstances and was told they would send me an ESA3 form as they just needed my partner's details on record. (I presumed name and date of birth etc.) I've received the form and it's 49 pages long!!! I rang DWP to see which parts I needed to fill in as there was only a change of address. After waiting over half on hour I managed to speak to someone who said I had to complete the whole form. Surely this can't be right? My change of address does not affect my income. I know it will change at the end of August when I'm moved to Income related ESA (as I'll have been on ESA 1 yr.) As my partner works more than 24 hrs a week I know I will not be entitled to ESA at that time, I'll then only have my NI contributions paid. The form needs personal details of his savings, mortgage, etc. Information that would have no affect on my income at this present time. Have DWP advised me correctly? I've been told to submit the form asap, but with my partner being self-employed he doesn't yet have his end of year accounts completed, and he works away ALOT so not always home to deal with paperwork. All this extra pressure is making me very anxious. I can't believe that being honest and transparent with the DWP has caused this much stress. Can anyone advise at all? Any help would be very much appreciated. With many thanks in advance. qsq.
  9. Hi all, Having been in work for over 30 years, I have had to apply for ESA. I phoned the application number on Monday and answered all the questions (1hr 35 mins) The girl on the phone was a 'trainee' and started to ask me for my partners information. I pointed out she did not need these and she put me on hold. Finally she admitted she did not require my partners details. This is just my story and I hope it could help someone in the future. I was released from work on the 28th October 2016 due to Capability. (L4/L5 Discetomy and decompression operation on 8th May 2015) left with residual nerve damage and L4/L5/S1 Neropathic back pain due to a crumbling spine. First 7 days are self certified and unclaimable due to ESA rules. I have requested a Dr's note from 7th November 2016 and will need to send it off to the address advised by the 'Advisor' (loosest possible description) Will keep this thread updated all the way forward. Jogs
  10. hello, my husband is currently receiving contribution based esa £73.10 pw, and his company is to finish him on ill health with 3 months pay for termination of contract will this affect his esa payments.
  11. Hi all Thanks for taking the time to read this.. I have been on ESA Contribution based since 13th October last year...seen their Doctor in January of this year and was placed in WRAG in March of this year.... At the time of applying for ESA I received a reply stating that I was entitled to both Contribution based and Income based but as I have always worked I was entitled to the Contribution based... I know you can only receive this for a year and my question is will I automatically transfer over to income based or should I ring them on Monday? I hate the thoughts of ringing them as I always feel like a beggar when I am having to deal with them and really only want to ring if I really really have to lol (honest to god, I go from a 46 year old fully competent person to a nervous wreck when I have to deal with them) As my contribution based is due to run out next week, if there is something to be reapplied for should they have not sent me a something in the post before this? I have tried googling this but cant seem to find the answer anywhere... I live in Northern Ireland just incase that makes a difference.. Thanks for reading this far.. Cheers Trinity....
  12. Hi There, Been green when it comes to what I can and cant do so just hoping for general impartial advice. My Ex has moved into a new house with her new partner (8 weeks after leaving me and our children in the family home) I currently have the children with me and it's all going through a court so clearly unable to go into the level of details however it's been ordered that our youngest child spends all day with mum 3 days per week. The night before the first day of contact I received a call from her requesting that I pack nappies, wipes, toys & spare clothes for our child. I requested that she too also provides for our children but got the response "I don't get any money for them anymore you do so you need to provide the things that I require for when I have them" This to me doesn't sound right. She currently works during the evenings and her new partner does not work but surely I'm within my rights to ask for her to either pay money to me towards the upbringing of our children or at the very least provide the basics when she has our children over for contact?? I just wanted someone to give me some impartial advice on how to proceed with this. Clearly I've took to here as I'm not in a financial position myself right now to fund a legal adviser.
  13. Do you have to show write down savings on application for contribution based JSA( I know it doesn't affect getting it), but curious. Also, is oine of those letters similar to the housing benefit's green letter come through post? If you live in a shared house people you live with will then know. Also, how people know who is on benefits-e.g. how would you know if your neighbour was on them?
  14. My living expenses at present are, I pay £18.00 per week for gas and electricity on a budgeting plan,I am a low energy user. I pay £4.00 per week towards council tax. I pay £7.00 per week water rates I pay £8.00 per week for a budgeting loan I pay £6.00 per week towards soap, wash powder, toilet roll, cleaning materials and so on. Total out goings £43.00. I do not have a TV so I do not have to budget for a licence nor do I have any debt as I rely on the budgeting loan to buy my clothes and cover any household expenses repairs/ replacements etc which gives me roughly £150 every 6 months. I receive £73.10 per week JSA so after taking away my priority expenses I am left with £30.10 per week. I am a single healthy male so not worthy of any extra help, I do not have a invisible partner, a child nor a job on the side. My job centre is a 10 mile round trip which I walk to each week, if I use public transport I will not have any money left to eat for that day. If I have to pay 10% towards my rent, which in my case would be £10.00 (£100.00 per week for a single bedroom flat) then I will be left with £20.00 per week a 33% decrease in my income which would leave me with £2.85 per day to spend on food, drink , job hunting , entertainment.
  15. Saw this elsewhere and thought I'd bring it over. "I am writing this post here in case it is relevant to any people in the UK especially those suffering chronic health conditions. I want to raise awareness of potential spending cuts the UK government may make to the welfare budget. My friends and I have started a petition on change.org asking the UK conservative government /DWP not to abolish national insurance contribution based ESA and JSA welfare benefits. ESA is employment support allowance benefit paid to individuals if they become ill unable to work for few weeks /months and JSA is job seekers allowance paid to unemployed job seekers. Leaked documents mention these benefits may be abolished as part of the government's manifesto to cut 12bn from welfare spending. Link to article mentioning abolition http://www.theguardian.com/politics/2015/mar/27/conservatives-face-pressure-to-come-clean-on-12bn-benefit-cuts Cuts to these benefits would impact on otherwise hard working families especially people with chronic relapsing conditions who experience intermittent health related periods when they cannot work. Cuts would dramatically alter the financial benefits available for people in work who have paid dutifully national insurance contributions If anyone would like to sign our petition the link to it is https://www.change.org/p/dwp-stop-the-scrapping-of-contributory-based-esa-jsa I met my MP Geoffrey Robinson last week concerned about possible cuts to contributory based esa and jsa benefits. My MP suggested I start a petition that he could present to parliament. Thank you in advance for reading this post"
  16. Hi is this still the same for claiming in 2015 thanks in advance The last two completed tax years prior to the current benefit year are the ones they look at. This is benefit year 2012, so the Relevant Income Tax Years (RITYs) are 2009/10 and 2010/11. Once this is established, there are two contribution conditions, and both must be satisfied in order for a claimant to be entitled to JSA©. The First contribution Condition: In at least one of the two RITYs you must have actually paid NI contributions on an income that is at least 26 times the Lower Earnings Limit for NI. This limit changes each year - in 2011/12 it was £104 per week, this year it's £107. Additionally, since 2010 this must be satisfied by working at least 26 weeks in the tax year. The Second Contribution Condition: In both of the RITYs you must have paid or been credited with NI contributions on an income that is 50 times the LEL mentioned above. As you've noted, Class 2 contributions paid by self employed people do not count for JSA purposes, and neither do credits paid on your behalf while you are on JSA. Credits paid while on Incapacity Benefit or ESA do count, however.
  17. Hello all. I hope I'm in the right place. My pension fund has taken a LARGE (£1000+) amount out of my recent payslip. I did not request this additional deduction, but they are arguing that I applied for it online by logging in through my workplace portal. Again I have no knowledge of this, so I immediately changed my login details. However, they are refusing to return the money as they feel they have done nothing wrong. I cannot afford to lose this money. Please tell me where I stand in terms of getting it back? Thank you.
  18. Hi guys I need some help, i applied for esa on 8th April as i am going through bad anxiety and PTSD. After few days they sent my statement back and ask for doctor's note which i sent on 18th April. On 19th i got sms from Jobcentre that they have all information and they will contact me with the decision. I also received the letter from Jobcentre saying that i am pleased to you that we can pay esa form 8th April you will get £84 a week etc. I rang Jobcentre on 25th April and i was surprised when they said they have not received my sick note and i need to ring on Monday to find out. I rang today and got another surprise when they said you need to send the ESA50 form back then we can release the payment. Can anybody tell me if this is true i am totally confused and upset as i cant fill this ESA50 as its too difficult. I made an appointment with local cab but the date is too far and i dont know what to do. Thanks
  19. Hi I am a disabled person with a Company Permenant Health Insurance policy, premiums paid by the company . This is paid throgh my salary payslip, tax and nics taken at source. The polcy pays 70 percent of my salary with a reduction taken out to reflect any benefits I get. I was on IB and was transferred onto ESA support group back in April 2013. The problem is that I have been called in by the Fraud department of the DWP for alleged fraud with an interview under caution regrding my ESA a very frightening experience on Friday this week . I have not committed any fraud, filled in the forms correctly ,disclosed everything and am genuinely ill and disabled I lost the use of my right hand side due to a malignant brain tumour and am still being treated. I can only think that it is something to do with my PHI. Please help,has anyone else had this problem? This is obviously very distressing.I rely on the ESA and DLA to manage, sorry for the length of this post. Please help.
  20. My partner was finished from his workplace in July 2013 due to ill-health. When he went to claim, he was put on Contribution based ESA where he was given £71.70 a week. A few weeks ago he received a letter to say that after July 2014 he would receive £0.00. When he phoned to querry this, he was told that he won't get anything further as I earn too much. He also then found out that he should have been referred for a medical (we didn't know anything about work-related activity or support until i googled it today) so was given one last week (which i presume they will write to us with results). My questions are should his amount have increased after 13 weeks to £100.15 or £106.50 and if so, can we now claimed a backpayment as he is still on £71.70 a week? Secondly, can they still not give him any benefit even after we get the results of this medical last week (the person at medical didn't mention anything about how he should have gone to one of the 'groups')? I am annoyed that it was only after he phoned to complain about his benefit coming to an end that he was 'referred' for a medical.
  21. Hi, I'm after some advice, as I'm really confused about my ESA. I received a letter a couple of weeks ago telling me of the benefit changes that will be happening in April, and at the end of the letter was a breakdown of how my money is worked out. They've referred to it as income related, but then at the end there is a top up of a couple of pounds, so that I'm not worse off than I was before, which is described as contribution based. I don't understand how I can get contribution based, because I've never paid any NI contributions because I've been ill and on sickness benefits since I turned 16. Does anyone know where I stand with being able to get free prescriptions etc? Because for as long as I can remember I've been getting low income certificates each year in order to get help with health costs, and I'm just filling out the form to apply for a new one, and it says on the front that if you're on income based esa, you don't need to apply. Then obviously I got the letter about the change in benefits, and it's just confused me loads. Since the majority of my esa is income based, do I just put that? Thanks in advance.
  22. My employer charges me over £100 per month that they state is a contribution towards the cost of my van. Listed on my payslip as van hire. I am not permitted to use the van for any personal use. I have never given permission for the deduction but have been informed by them it is lawful even though there is nothing in my contract regarding this deduction. Can they do this? If so can I claim anything back from my tax?
  23. Hello Friends, I became unemployed from April this. I am on ILR visa and my wife is on Dependent visa and she was pregnant when I applied for JSA. The question is am I not eligible for the income based JSA (£112.00) as opposed to contribution based JSA(£71.59) given that my own needs are enhanced because I have to take care of a family (wife and the child). IS there any legislation which prohibits me from getting Income based JSA. Also Does anyone know why one gets lesser JSA (contribution based £71.59) when he/she has paid NI than when he/she had not paid NI (Income based £112.00). Many Thanks for your replies.
  24. Hi Applied for jsa told not entitled as not enough contributions just checked tax credit awards and theses are the amounts i earned as an employee over last four years 7926 - 13 8015 - 12 13520 - 11 8407 - 10 When I informed him Im sure I had paid enough contributions he said I must have exhasted my entitlement by claiming esa,would I have exhausted my entitlment to jsa by claiming esa for 9 months this year from feb to oct. Thanks for any replies in advance
  25. I would appreciate advice on contribution charges arrears. I am being pursued for arrears of almost 7k and at my wits end to know how to deal with same. The only "asset" I possess is my house. Naturally I do not want to lose the house but am wondering if there are ways and means to put in place a charging order for the arrears whilst continuing to pay the future monthly payments. Any advice would be very much appreciated.
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