Marstons (acting as a DCA) Demanded +£5k for a Capital Contribution Order i didn't need to pay!!!

[Manxman in exile]

Do as suggested by London1971 and write that letter.

 

I think the view here is that if the Legal Aid Agency was able to put a charge on your property then they would already have done so and not involved Marstons.  Check back a page or so and I think the advice was not to worry too much about it unless they (or the Land Registry) write to say they are actually going to do it.  (Of course, if they do do it, there's not much you can do about it anyway as I don't suppose you've got £106k spare).

 

If you actually want to do something other than wait and see what happens, write as London1971 says.

 

If it makes you feel any better, I ought to be able to find this stuff out and understand it, but it's too complicated for me.  That's why I've asked if they can put a charge on in your circumstances because I read it that they can't - but I'm as confused as you and don't fully understand it.

 

PS - I am pretty certain that selling or transferring the flat to your kids won't be a solution!

 

(And as London1971 says, perhaps you ought to try to recover what you've already paid?)

[HOWLER]

@Andyorch 26/05/2020: confused . com

I thank you very much for your help but this just loses me i have no idea how to follow this. cheers

 

@london1971 26/05/2020: confused . com

Done today !st Class Recorded

Thanks again guys

I really dont know where id be without your help

THANK YOU ALL. 

[London1971]

You are welcome, let's see where this course of action leads! Report back when you receive a reply.

[Manxman in exile]

Yeah.  Good luck HOWLER

[HOWLER]

Hi guys

No letters received as yet,  the only update is the gaffer now knows about this demand , im sure you can imagine the crap really hit the fan.

 

The only thing i have found out is the LAA have a complaints department and a complaints system thats supposed to be followed. OOOPS 

I suppose im not alone in this predicament.

 

Had i realised it was going to come to this id have told the lawyers to do one. 

 

Keep safe ya'll .

 

https://www.gov.uk/government/organisations/legal-aid-agency/about/complaints-procedure

 

What do i do if anything  ????

 

Oh and BTW i almost forgot , forgetting lots lately, thats why i went to the docs.

I have just this week been diagnosed with Brain Calcification , whoopee on top of all this. Side effects are unbelievable, check it out.

 

Seems ive had it for a number of years , it explains lots of problems ive had.  

[London1971]

Just leave it, until you get a response, forget their complaints department for now. 

[HOWLER]

 

Powell CEO Response[2305843009214832528].pdf

 

i hpoe you can see and read the above.

[dx100uk]

so:

 

Quote

However, I reiterate that the LAA will not seek to enforce your CCO against the property in your wife’s name by way of charging order or otherwise. Your wife’s property is not at risk, and I sincerely apologise for any distress caused to her by not making this clear in our previous responses to you.
As CCOs are calculated and issued in accordance with specific regulations there is no discretion available to me to withdraw the CCO or calculate the amount owed on a different basis. However, in view of your and your wife’s current circumstances I would invite you to apply for a review of your CCO on hardship grounds.

 

off you go and apply....

 

as for marstons enforcing ANYTHING , they CANNOT.

they are NOT and CANNOT be bailiffs in this situation as explained before

they are merely operating as a powerless Debt collection agency with ZERO legal powers

 

pers i'd be writing back to janet their supposed know it all CEO... and telling her so.... as that is a very WRONG for her to state and  use the worf enforcement in her letter...implying a mere DCA can enforce anything with regard to a CCO. or any demand for any supposed LAA debt contribution.

 

 

[London1971]

Yup, I’d call this a win!

 

But go and apply anyway. 

[HOWLER]

I have to as its not over yet. 

Thank you all 

I will come back again soon. 

 

 

[London1971]

This should make you feel a lot better. Enjoy the weekend !!

[Manxman in exile]

Well done Howler!  Reading between the lines of her response and the number of times she apologises for causing any distress etc, you must have sent a really good letter!

[HOWLER]

I think it was my wife's letter that did the trick. 

She wrote after me. 

 

Thanks guys without all your help I could not have got this far.

I was at a dangerous stage. 

It's a great result, a big weight off, but still further to go. 

THANK YOU SO MUCH. 

[honeybee13]

You're welcome, Howler. Please keep us posted.

 

HB

[HOWLER]

I will don't you worry about that. 

Plus a donation. 

[FTMDave]

5 hours ago, HOWLER said:

I think it was my wife's letter that did the trick. 

She wrote after me. 

 

Your wife sounds a great woman.  I wouldn't mess with her

 

5 hours ago, HOWLER said:

It's a great result, a big weight off, but still further to go. 

THANK YOU SO MUCH. 

 

Yes, keep fighting, there's always a way to see off these pompous, self-important idiots who think you are nothing, but it takes time & patience.  

[HOWLER]

Hi guys n gals. 

Well after months of nothing happening they asked for a statement of income and outgoing. The following is their reply

 

 

£250 / month for the rest of my life. 

I think not. 

What the heck (non priority expenditure) I'm a 69 year old pensioner on £1150 / month income. 

Where the heck do I have non priority expenditure?????. 

Oh what to do. 

 

2020-11-12 Marston Letter @£250PCM.pdf

[dx100uk]

On 25/06/2020 at 14:46, Andyorch said:

The bottom line is if they were allowed to place a charge...they would have by now......as already advised Marstons cannot place a charge...only the LAA.

 

Read between the lines they are passing you off between them...sit tight pay nothing.....ignore......unless you receive anything from the LAA or the Land Registry.

 

Andy

As above

[London1971]

Hi there Howler,

 

I wondered what happened to you. So first it was a charging order on your house, now it's £250 per month.  They folded quickly on the house didn't they! Write the same letter again, to the same person asking How on God's earth £250 from a fixed income of £1150 per month is an affordable amount.

 

Tell them to stop bullying vulnerable pensioners, and taking away their food money in the middle of the worst public health and financial crisis in living memory. 

[dx100uk]

pers i'd not bother entertaining a powerless DCA with any reply.

 

dx

 

[London1971]

Not Marstons, the LAA. That's who they wrote to before, the Chief Executive. Oops, just read the letter again. It's from Marstons, there was no point in sending them anything. Ignore those losers.

[Manxman in exile]

I don't always agree with London1971 but having re-read Jane Harbottle's letter from back in July I'd agree you should write a letter of complaint directly to her.  She aplogised so many times and so profusely in that letter about the clumsy threat to put a charge on your wife's property that I'd go direct to her on the off-chance that they've screwed up again somewhere in this process.

 

I assume that after you received the letter from her you submitted some sort of hardship appeal against the capital contribution order together with a statement of income and outgoings?  (That's what her letter appeared to be suggesting you do).

 

I'd be asking them how they have come to the conclusion that some of your expenditure is "not a priority" without giving you any fair opportunity to justify it, and how on earth they can consider a proposed payment plan of £250 per month from an income of £1150 (over 20%) to be reasonable?

 

Plus the other stuff from London1971:  "Tell them to stop bullying vulnerable pensioners, and taking away their food money in the middle of the worst public health and financial crisis in living memory".   Plus your in a vulnerable group from Covid blah blah...

[dx100uk]

the letter is from marstons dca.

there is NO indication the LAA has since July done anything else they would write, as andyorch pointed too.

 

 

 

 

[HOWLER]

Sorry guys in not keeping you up to date but they (LAA) gave me 3 months to get my income and expenditure and appeal letter to them. 

Which I did about 3 weeks ago, then this letter came today from marstons. 

Nothing from LAA since July. 

I think they just passed it on to marstons. 

Thank you all for your comments and suggestions. 

It don't half take the pressure off. 

I think the best course of action will be a letter to Jane Harbottle direct. The minions don't seem to listen. 

THANK YOU ALL. 

[London1971]

Good plan  

 

But remember Marston's are powerless.