fredeiicksons chasing 2006 'legl aid' debt

[lost123]

hello breif history

 

my wife it turns out owes nigh on £10k to the legal aid agency from around 2006,

this is being pursued by fredericksons and bryan carter soloicitors.

 

she doesnt work, i do and we have nothing like this money available.

 

i cant pay a substantial amount out to them each month ive worked it out at i can roughly afford £80 per month after all the stuff need to pay for is paid for.

 

Also at one point in the past she was apparently offered the chance to settle the debt for less than two thousand pounds

which after quizzing her turns out to be roughly what she originally owed

 

what do we do?

 

everything i see is geared towards debt from borrowing on cards loans cars etc

[renegadeimp]

I would seriously call the validity of this debt into question. Why would a creditor throw away a 10k debt, when they could have easily taken you to court instead of selling it for a pittance?

 

Have you moved house since the debt accrued? Can youg ive us more info ont he background of the debt?

 

You say theyve already offered an 80% discount. This should be ringing alarm bells. Especially if she only really owes 2000 and they claim to be chasing 10000

[lost123]

the bill was for a divorce/custody case, the solicitors got her legal aid then decided afterwards she wasnt entitled to it so hit her with a bill

 

yes we have moved home

[renegadeimp]

So where has this extra 8k come from?

[Desperate Daniella]

If it's from 2006 and no payments have been made since them it's almost certainly statute barred.

 

That's why they are offering 80% off.

[sequenci]

Yup, if it's a solicitor's bill it's likely to be statute barred.

[lost123]

no idea she has sat on it binned stuff etc. she doesnt work as she suffers quite serious depression and is on a scheme to help something to do with cognitive behavoir.

so its down to me to pay it and suffer all the grief of court action i guess

[lost123]

its not though its a bill from the legal aid agency, unless im missing something?

[renegadeimp]

As stated, if no written acknowledgement was made to the debt, nor any payment, then its Statute barred and you can have a good laugh at them.

[renegadeimp]

the bill was for a divorce/custody case, the solicitors got her legal aid then decided afterwards she wasnt entitled to it so hit her with a bill

 

yes we have moved home

 

That implies it is the solicitor billing you.

[dx100uk]

scan up what she has received please

 

TBH this sounds dodgy and prob sb's already

 

freds/carter just chancing their arm.

 

as its got the word 'legal' attached to it.

 

dx

[dx100uk]

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[Desperate Daniella]

If it's statute barred, it's statute barred. Write and tell them that. If they have proof of later payments it's up to them to provide it.

[lost123]

ok i get the statute barred thing but google reveals that the agency in question does use fredericksons to get money back. cant scan stuff sorry im a technoluddite

 

the wording from carters solicitors is as follows

our client legal aid agency

account......

dear name

we have been asked by frederickson international .....to write to you with regard to this outstanding debt

 

payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued

should proceedings be issued additional charges will be added to the existing balance as shown below

outstanding balance to pay now £10000

court fees £190

solicitor costs £100

new balance if precedings are issued £10290

 

please note that in addition an amount in respect of any inerest may also be added to the balance claimed and if so , will appear on the claim form.

before the account is referred to us to litigate you still have the opportunity to contact freds' with your payment proposals. in order to acoid further debt recovery action you should telephone.......

 

this is a serious matter and you may wish to seek independant legal advice

yours ....

[Desperate Daniella]

Carter is known to send out all sorts of threatening letters even if he knows he doesn't have the evidence to back up a claim.

 

Do not reply until the end of the 14 days and then write and ask for a full explanation of the £10,000.

 

Start the letter:

 

Dear Sirs,

 

I do not acknowledge any debt to your organization or any organization you claim to represent.

 

Then ask for the explanation.

 

Don't even think of telephoning them!

[renegadeimp]

Carter is a solicitor for rent. he doesnt care about rules. he gets paid a ton of cash to issue the court forms, then the second a defence is filed, he legs it, leaving the creditor to pick up the pieces.

[lost123]

right ive managed to find out who the original debt was to it is the

 

legal services comission which i dont think is covered by statute barring from what i can find as its a government agency

[dx100uk]

doesn't matter

 

if THEY want the money

 

only THEY can take you to court

NOT carters.

 

its the same a old DWP debts.

 

dx

[lost123]

ok i understand that, well it makes sense. thing is where do i go from here?

contact the legal services people

ask freds and carters for more info

 

offer to pay what i can, or have my wife offer what she can which would be a tiny amount as she doesnt work

[Desperate Daniella]

The first thing is to reply to Carter at the end of 14 days and ask for an explanation of the £10,000.

[lost123]

ok i take it it will have to be done by my wife not me?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?177910-Being-chased-by-Legal-Services-Commision-for-unknown-old-debt

[dx100uk]

Legal aid debts may not be paid

Large amounts of legal aid money that could have been reclaimed by the Legal Services Commission (LSC)

may be lost because of missed recovery deadlines.

Last week, the appeal court ruled the LSC was time-barred from recovering money owed it by an individual whose grant of legal aid

was revoked by the Legal Aid Board in 1999 for failure to provide requisite documents. T

he case, LSC v Rasool concerned whether the LSC’s claim, made in 2006 for more than £17,000, was statute-barred under the Limitation Act 1980.

The court held that it was.

In his judgment, Lord Justice Ward expressed concern that other claims for recovery may be time-barred.

Referring to the county court’s ruling in the case, h

e states: “[The judge] dismissed the claim but gave leave to appeal because the issue could be a matter of significance to more than the present parties

—indeed we were told, I confess to my surprise, that large amounts of money have not been collected in many cases where certificates have been revoked.”

Simon Pottinger, of JRS Consultants, says:

“The client at the centre of this case had his legal aid certificate revoked, which is not a common occurrence.

However, my reading of the judgment is that the statutory limit applies to all monies over six years old and not resolved, i

n which case potentially significant sums of money—millions of pounds—is involved. It’s a Pandora’s box.”

An LSC spokesman says:

“The court’s judgment in this case provides clarity on the issue involved.

We are currently obtaining leading counsel’s opinion on the implication of the judgment.

“However, it appears that only a small number of cases, of negligible value, will be affected by the judgment.”

[lost123]

double post sorry

[Desperate Daniella]

Yes, the reply should come from your wife as she is the person they are pursuing.

 

I hope you have been given hope by dx's posts above.