Rossendales & crown court capital contribution order

[britannicus]

Hi, I'm a complete newbie, so apologies if I'm in the wrong forum! I hope no one will mind ...

 

I got myself into a bit of a mess a couple of years ago and, to cut a long story short, pleaded guilty in the Crown Court in August 2011.

 

I was taken through the application for legal aid (CDS15?) by my solicitor.

I had no income, having had to resign from work and my only equity was the value of my home in excess of the mortgages on it (there are 2).

 

I was told that I wouldn't have to make a contribution to my defence.

Imagine my horror, then, when I received an Order from Rossendales telling me that I was required to pay £3500 ish to them within 28 days (30 April 2012). I managed somehow to misread the order and thought that I had 28 days after 30.4.12 when, in fact, 30.4.12 was the deadline.

 

It now seems, after talking to Rossendales, that they intend to enforce recovery!

Help! What do I do?

I'm only receiving JSA and have no other income.

If a bailiff calls, and I'm sure one will, do I have to let him in?

What can he do?

Can he take anything then and there?

 

I've been in touch with my solicitor but, as yet, I've had no definitive reply from him.

He suspects that the debt ought never have been passed to Rossendales and that it should be returned to the Legal Services Commission immediately!

All very well and good ... if that's what'll happen.

But, will it?

 

 

Meanwhile, I'm waiting for that first knock!

Can anyone give me some guidance/advice on what to do, please?

 

 

Britannicus

Edited March 2, 2018 by dx100uk
spacing

[BRIGADIER2JCS]

Hi wlcome to CAG.

As you have a solicitor can they not

contact Rossendales and the Commisson

for you.

[britannicus]

Hi, Thanks for your response.

Well, I managed to get back in touch with my solicitor.

 

He's agreed to write to the magistrates court on Tuesday 8.5.12 to find out what was put on the CDS15 form and whether or not it can be queried with the Legal Services Commission (LSC). This is a step forward, I think.

 

However, our chums at Rossendales aren't in the loop.

So, I'm still faced with a headache of an unwelcome rat-tat-tat-tat on the door.

Do you think I could use one of the letters on CAG to advise them of what's going on, please?

All help gratefully received!

 

Britannicus

[wonkeydonkey]

As we do not know the circumstances of 'your bit of bother' or what resulted from it and the details of the Judgment relating to it all, it is difficult to advise any way other than that Brig has already done......it could be you were ordered to 'pay' an injured party their 'costs' and this is what the bailiffs are chasing.

 

As you were represented in Court, the 'claimant' should direct all correspondance to the representing solicitor, they in turn should contact you and any dispute goes up and down that chain of representaion. I would send a very short letter to Rossendale asking they outline the reason for enforcement be directed to your solicitor.

 

Dear Sir

 

I suggest your Client be advised, alleging there to be a dispute in need of enforcement, suggests they need to direct all correspondence in relation to that dispute to the solicitor appointed by the LSC.

 

Yours faithfully

[ploddertom]

Is the letter you have from Rossendales Collect?

 

PT

[britannicus]

Hi, Thanks for your response.

I'm not sure if it's from Collect.

I'll check it out.

 

And, no, it's got nothing to do with paying injured parties.

 

It's all to do with paying legal costs.

Thanks for pointing out the possibility, though!

Many thanks

,Britannicus.

[ploddertom]

To collect on a debt there are different scenarios.

 

You just owe and it hasn't been to Court

- in which case the letter you have is from Rossendales Collect who are purely debt collectors with no powers apart from filling things in with red crayon.

 

They have a CCJ - in which case it is the County Court Bailiff - nothing to do with Rossendales

 

They have a CCJ & transferred enforcement to the High Court as it is for more than £600

- in which case a High Court Enforcement Officer will be involved,

however it is very rare that they write first,

the first you usually know is when they knock on the door.

 

Because of the sum involved they have a High Court Order

- see the previous note.

 

I suspect if it has come by letter then it is purely down to being a debt collector, they may be being naughty if they are using HCEO or Bailiff letterheading though.

 

PT

Edited March 2, 2018 by dx100uk
spacing

[Catlady12]

Got an identical problem since Nov 2010 to date!

Did your solicitor get any joy from the LSC?

I'm finding it impossible for them to back down / deal with the truth.

Do not give in !

 

Check the following thread I posted

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?357857-I-want-to-sue-a-DCA-for-Harassment-re-incorrect-demands-for-money-since-Nov-2010!

 

Also see the following links:

http://www.lawgazette.co.uk/news/lsc-debt-collection-tactics-criticised

http://www.lawgazette.co.uk/opinion/letters/utter-shambles

http://www.lawgazette.co.uk/opinion/letters/odious-legislation

[old bill]

Another Rossendales foul-up.

Edited August 1, 2012 by old bill

[NE1advice]

I know this is an old thread but I thought I should answer it correctly in case anyone else is looking for the answer.

If you apply for legal aid in a criminal case which is sent or committed to the Crown court, you may be asked to pay a contribution towards your legal costs, depending on your financial circumstances.

 

The court will issue an Income Contribution Order is your income is above a certain threshold and is paid monthly OR if you are convicted at the end of the case a Capital Contribution Order, if you have assets or capital above £30,000.

 

The £30,000 limit can also be removed by the court if you have failed to respond to requests for evidence or further information about your financial circumstances.

 

Collection of these contributions orders have been passed to Rossendales.

The courts have various powers of seizure and enforcement.

See here - sorry I can't post the link but look at the justice dot gov dot uk website and search for capital contribution orders

 

Your first step should be to go back to your solicitor to ensure the court has the correct information regarding your financial circumstances.

[Catlady12]

They appear to be a bunch of apparatchiks that will never see reason.

 

I would suggest you and the solicitor file an application for judicial review against the LSC's decision......... and apply for civil legal aid via the LSC itself.

[Catlady12]

do not go down the P&H ombudsman route - it will be long and/or to no avail...