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Letter from Rossendales re Capital contribution order

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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

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one multipage PDF please else we'll be here all night downloading single sheets

read UPLOAD

 

the bottom line is this is the rossers in their DCA ROLE [not as bailiffs] and there is all and STUFF they can actually do

deal with LAA directly ignore the rossers from now on.

 

just so you know, they are renound for purposefully miscalculating orders just to make money out of you [him]

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Rossendales+re+Capital+contribution+order&sa=Search+CAG


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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Thank you, sorry about the upload stuff, technology, and I don't mix. Its actually her that has received the Order and her partner is now expecting one which will be a similar amount. I thought the reply back to them stops the clock so to speak.

 

Would you suggest they just totally ignore Rossendales or at least acknowledge the letters? I was under the impression ignoring was the worst that can be done.

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deal with LAA directly ignore the rossers from now on.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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