order of recovery + charging order for legal aid costs ......help!

[jason987]

Hi

 

I hope somebody can help as I'm stressed

 

I was given full legal aid for a trial in Aug 2010...

 

In July 2012 a letter arrived at our home addressed to me from a company called rossendales ltd asking for £8000 towards my legal fees

they were recovering a dept i had never been notified about..

 

My wife took advice from CAB to write back stating i did not live at this address we heard nothing back...

 

I was released from prison in august 2013 so near 23 months ago and 35 months since my wife wrote back to rossendales..

 

Then out of the blue yesterday i get a letter stating i need to pay ...

 

Help please as i don't have 8k

i am working on min hours and min wages

my wife is unable to work due to ill health

we just can't afford anything..

we have sold anything of value just to live..

 

I called them tonight only to be told that if i don't pay within 7 days

then they would goto court and i would have to pay the fees and intrest @ 6%...

 

The letter states " Notice of intention to enforce" ...

 

Thanks

[dx100uk]

Is this rossendale collect Ltd?

 

Dx

[jason987]

Hi

 

On the letter it just says..

 

Rossendales

proud to be professionals

 

And ends

 

for and on behalf of

 

Rossendales Ltd

[dx100uk]

Bailiffs don't threaten court

They come after court

 

I suspect this is their debt collection wing

That has no legal powers whatsoever

 

What is the number given

 

Look at the bottom of the letter

It should state who they are

 

I bet the letter does not say bailiffs anywhere

 

Just a scary threat o gram

 

DX

[dx100uk]

http://www.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=rossendales+legal+aid+debt&sa=Search+CAG#gsc.tab=0&gsc.q=rossendales%20legal%20aid%20debt&gsc.page=1

[jason987]

Hi

 

The letter has Legal aid agency written over it The address is

 

Legal Aid Agency

po box 325

Rossendale

BB4 0GF

 

08447013962

 

After speaking last night she said its not Rossendales taking me to court but the Legal Aid Agency

and they will charge the dept against me house and include £400 fees

and 6% interest until the dept is clear then i will have to pay to remove the charge...

 

I fully Agree i took legal aid and lost the case and that i have over £30k in equity

but its just the time scale of thing and the way they do the collection !!!

 

I asked about payment plan and all she kept saying was can you make any sort of payment now even just a few hundred pounds ?

 

I just don't know what to do as i don't have £8000 and can't get it....

 

Thanks again

 

P.s no baliffs are not mentioned

[citizenB]

In this instance, Rossendales are simply acting on behalf of the Legal Aid Agency as a Debt collection agency and not in their capacity as Bailiffs.

 

Until the LA have issued a claim against you - and they have won their claim and you have then failed to pay the judgment debt, Bailiffs cannot be instructed.

 

I am assuming this "debt" is in your name only ? If the LA were to obtain a Judgment and then apply for a Charging order, it can only be a restriction on your share of the equity (should the property be sold).

 

I would suggest you write to the Legal Aid Agency - provide a copy of your Income & Expenditure sheet so they can see that you are unable to make the payments they are demanding.

 

It might be worth speaking with National Debtline and asking them to help you produce a Financial statement - the LA might be more inclined to accept that you are unable to just cough up the amount they are demanding at this time.

 

I suggest that you stay off the telephone and keep everything in writing (unless you are able to record your calls) - that way you have a paper trail of how you have attempted to come to an arrangement with them.

 

https://www.nationaldebtline.org/

 

There is a free help line and they are open until 1pm on a Saturday - the sooner you make contact with ND, the better.

Call us for free

debt advice on

0808 808 4000

 

Monday to Friday

9am to 9pm

Saturday 9.30am to 1pm

 

 

As this is not a Bailiff issue, I am relocating your thread to the Debt forums, you need do nothing, it is purely administrative and you will be able to find and post on your thread with no problems.

[citizenB]

I would also advise that when writing your letter, you point out to the LA that you have not previously had any communication regarding this matter and it is quite unprofessional to simply pass it over to a Debt Collection Agency that implies it is working in a Bailiff capacity when it is not.

[BazzaS]

Hi

 

The letter has Legal aid agency written over it The address is

 

Legal Aid Agency

po box 325

Rossendale

BB4 0GF

 

 

08447013962

 

 

After speaking last night she said its not Rossendales taking me to court but the Legal Aid Agency and they will charge the dept against me house and include £400 fees and 6% interest until the dept is clear then i will have to pay to remove the charge...

 

I fully Agree i took legal aid and lost the case and that i have over £30000 in equity but its just the time scale of thing and the way they do the collection !!!

 

I asked about payment plan and all she kept saying was can you make any sort of payment now even just a few hundred pounds ?

 

I just don't know what to do as i don't have £8000 and can't get it....

 

Thanks again

 

P.s no baliffs are not mentioned

 

If for legal aid for a Crown Court case where you were found guilty, and you have over £30k assets :

then Legal Aid will be able to enforce recovery of their costs.

 

How come you "don't have £8k" when you have / had assets over 30k ..

.. Have the assets been dissipated?

 

If you still have the equity in the property,

would it be less costly to obtain a mortgage against some of the equity in the property, to settle this sum owed,

rather than them e.g. obtaining a charging order.?

[dx100uk]

this thread is VERY worth the read

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?421236-Rossendales-DCA-chasing-old-legal-aid-debt-**WON!!**

 

 

dx

[jason987]

If for legal aid for a Crown Court case where you were found guilty, and you have over £30k assets : then Legal Aid will be able to enforce recovery of their costs.

 

How come you "don't have £8k" when you have / had assets over 30k .... Have the assets been dissipated?

 

If you still have the equity in the property, would it be less costly to obtain a mortgage against some of the equity in the property, to settle this sum owed, rather than them e.g. obtaining a charging order.?

 

The 30k is in my home and I can't get a mortgage due to recently coming out of prison and only working part time ..

 

I will write some letters see where I stand

[citizenB]

Jason, have a read of the thread that dx100uk linked for you in post # 10 - it appears to be a similar situation to you.

[jason987]

Hi

 

Yes I did thank you I am going to write with similar stuff

[jason987]

After reading the thread dx100uk posted it seem the person on that thread did not quite have 30k equity,

the problem i have is even with a 50/50 split i still have more than 30k...

 

Can anyone give any sort of advice as what i could write and who would be best to write too legal aid or rossendales even both?

 

I did tell rossendales i would write a letter with a repayment plan but she said send it unless its cleared within 7 days then court ..

 

Thanks

[jason987]

In this instance, Rossendales are simply acting on behalf of the Legal Aid Agency as a Debt collection agency and not in their capacity as Bailiffs.

 

Until the LA have issued a claim against you - and they have won their claim and you have then failed to pay the judgment debt, Bailiffs cannot be instructed.

 

I am assuming this "debt" is in your name only ? If the LA were to obtain a Judgment and then apply for a Charging order, it can only be a restriction on your share of the equity (should the property be sold).

 

I would suggest you write to the Legal Aid Agency - provide a copy of your Income & Expenditure sheet so they can see that you are unable to make the payments they are demanding.

 

It might be worth speaking with National Debtline and asking them to help you produce a Financial statement - the LA might be more inclined to accept that you are unable to just cough up the amount they are demanding at this time.

 

I suggest that you stay off the telephone and keep everything in writing (unless you are able to record your calls) - that way you have a paper trail of how you have attempted to come to an arrangement with them.

 

 

 

There is a free help line and they are open until 1pm on a Saturday - the sooner you make contact with ND, the better.

Call us for free

debt advice on

0808 808 4000

 

Monday to Friday

9am to 9pm

Saturday 9.30am to 1pm

 

 

As this is not a Bailiff issue, I am relocating your thread to the Debt forums, you need do nothing, it is purely administrative and you will be able to find and post on your thread with no problems.

 

 

Hi

 

Thanks for the reply..

 

Yes it is in my name only ...

[dx100uk]

stop talking to them on the phones that's for sure

they'll say anything to get money out of you.

 

 

I still maintain there is no legal requirement to pay a powerless dca

and unless you get a letter from HMRC that they WILL be taking you to court

you can forget any stupid threats from a powerless DCA.

 

 

dx

[BazzaS]

stop talking to them on the phones that's for sure

they'll say anything to get money out of you.

 

 

I still maintain there is no legal requirement to pay a powerless dca

and unless you get a letter from HMRC that they WILL be taking you to court

you can forget any stupid threats from a powerless DCA.

 

 

dx

 

Absolutely.

However if the Legal Aid Agency (rather than HMRC) do take it to the County Court : you are at risk of getting a CCJ and a charging order.

[jason987]

I am now going to write to rossendales with a payment plan (my wife dosent want the stress of it all

and a couple of requests from them to provide evidence i owe the money..

 

Would somebody be able to look over the letter and see if it looks ok as I'm not good at this stuff?

 

Thanks

 

Absolutely.

However if the Legal Aid Agency (rather than HMRC) do take it to the County Court : you are at risk of getting a CCJ and a charging order.

 

Thats what worries me !!

 

stop talking to them on the phones that's for sure

they'll say anything to get money out of you.

 

 

I still maintain there is no legal requirement to pay a powerless dca

and unless you get a letter from HMRC that they WILL be taking you to court

you can forget any stupid threats from a powerless DCA.

 

 

dx

 

I just worry the knock will come on the door !!

 

Dear Sir/Madam

 

Ref my telephone call tonight about my alleged outstanding debt of £7877.44,

as mentioned on the telephone I have no way at this time to pay the debt in full.

 

I however can make a gesture payment of £2877.44 leaving £5000 to pay,

which I could pay £500 per month for the next 10 months.

The payment would be made by direct debit on the first day of the month.

 

Before any of the payments are made I will require evidence that this amount of debt is owed

“I.e. what has been taken into account to reach this amount”.

 

 

I have never received any sort of bill or even a letter from the legal aid agency stating that I have to make a contribution of any amount.

While in court it was never mentioned by the judge or my legal team.

 

It also seems strange that the first I ever got told about the contribution was two years after conviction,

when you (Rossendales) wrote to my wife, this of course was more than 21 days after the end of the proceedings

which denies my statutory right of appeal and also the letter being from a private company

and not from the assessing authority which means the inferred liability may not be genuine.

 

 

Taken from

{http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers/capital-contribution-order.htm}.

 

I have posted a copy of this letter to:

 

The National Courts Team

Legal Aid Agency

Level 6

The Capital

Union Street

Liverpool

L3 9AF

 

Yours faithfully

[SabreSheep]

I would almost suggest a simpler letter

 

"I deny any liability to you or your clients"

 

Maybe look in the cag library up top and look through the prove it letters.

[jason987]

Legal Aid Agency


PO Box 325

Rossendale

BB4 0GF

 

Ref: *********

 

 

Dear Sir/Madam

 

Ref my telephone call tonight about my alleged outstanding debt of £7877.44, as mentioned on the telephone I have no way at this time to pay the debt in full.

I however can make a gesture payment of £2877.44 leaving £5000 to pay, which I could pay £500 per month for the next 10 months. The payment would be made by direct debit on the first day of the month.

 

Before any of the payments are made I will require evidence that this amount of debt is owed “I.e. what has been taken into account to reach this amount”. I have never received any sort of bill or even a letter from the legal aid agency stating that I have to make a contribution of any amount. While in court it was never mentioned by the judge or my legal team.

 

It also seems strange that the first I ever got told about the contribution was two years after conviction, when you (Rossendales) wrote to my wife, this of course was more than 21 days after the end of the proceedings which denies my statutory right of appeal and also the letter being from a private company and not from the assessing authority which means the inferred liability may not be genuine. Taken from {http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers/capital-contribution-order.htm}.

 

I have also familiarized myself with the Financial Conduct Authority (FCA) consumer credit sourcebook, which states the following rules.

 

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

 

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

 

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

 

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

Should this not happen, I will have no option but to make a complaint to the Trading Standards Department and consider informing the FCA of your actions.

 

I have forwarded a copy of this letter to:

 

The National Courts Team

Legal Aid Agency

Level 6

The Capital

Union Street

Liverpool

L3 9AF

 

I look forward to your reply.

 

Yours faithfully

[jason987]

Thanks i have added a bit ...

 

What do peoples think ok or need editing ?

[dx100uk]

I just worry the knock will come on the door !!

 

 

dca's cannot do that

if they do

you call the police THEY ARE NOT BAILIFFS

and have NO SUCH LEGAL powers

[dx100uk]

Legal Aid Agency


PO Box 325

Rossendale

BB4 0GF

 

Ref: *********

 

 

Dear Sir/Madam

 

Ref my telephone call tonight about my alleged outstanding debt of £7877.44, as mentioned on the telephone I have no way at this time to pay the debt in full.

I however can make a gesture payment of £2877.44 leaving £5000 to pay, which I could pay £500 per month for the next 10 months. The payment would be made by direct debit on the first day of the month.

 

Before any of the payments are made I will require evidence that this amount of debt is owed “I.e. what has been taken into account to reach this amount”. I have never received any sort of bill or even a letter from the legal aid agency stating that I have to make a contribution of any amount. While in court it was never mentioned by the judge or my legal team.

 

It also seems strange that the first I ever got told about the contribution was two years after conviction, when you (Rossendales) wrote to my wife, this of course was more than 21 days after the end of the proceedings which denies my statutory right of appeal and also the letter being from a private company and not from the assessing authority which means the inferred liability may not be genuine. Taken from {http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers/capital-contribution-order.htm}.

 

I have also familiarized myself with the Financial Conduct Authority (FCA) consumer credit sourcebook, which states the following rules.

 

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

 

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

 

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

 

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

Should this not happen, I will have no option but to make a complaint to the Trading Standards Department and consider informing the FCA of your actions.

 

I have forwarded a copy of this letter to:

 

The National Courts Team

Legal Aid Agency

Level 6

The Capital

Union Street

Liverpool

L3 9AF

 

I look forward to your reply.

 

Yours faithfully

 

 

far too much waffle

 

 

I like SS idea

 

 

dx

[jason987]

Taken from their website !!

 

The Key Components of our recovery processes are:

 

Portfolio Segmentation

Bespoke lettering campaigns and strategies

Predictive dialer capability utilising blend and IVR technology

Full call recording ensuring PCI DSS compliance

SMS text messaging to improve contact rates

Doorstep Recovery with nationwide coverage

Online Client Access to allow real time updating of accounts

 

umm

 

True you are both right its just wanting to get the facts across ..

 

 

What out of that letter would you both use ?

[dx100uk]

Taken from their website !!

 

The Key Components of our recovery processes are:

 

Portfolio Segmentation

Bespoke lettering campaigns and strategies

Predictive dialer capability utilising blend and IVR technology

Full call recording ensuring PCI DSS compliance

SMS text messaging to improve contact rates

Doorstep Recovery with nationwide coverage

Online Client Access to allow real time updating of accounts

 

 

they are acting as a dca in this instance

no dca has any legal owers if they doorstep you

you call the police if they will not remove themselves from you property

 

 

go read up here about dca doorstepper powers

they have none.

 

 

dx