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

[AndyOrch]

You will have to expand on the details of the CCO for  further advice......what date was this awarded ? Who has sent the Notice ?

 

Of interest....

 

https://www.consumeractiongroup.co.uk/topic/408810-capital-contribution-order-chasing-after-six-yearsresolved/

 

https://www.consumeractiongroup.co.uk/topic/412831-letter-from-rossendales-re-capital-contribution-order/

 

https://www.lawgazette.co.uk/commentary-and-opinion/families-dealing-with-a-guilty-verdict/5060100.article

 

Andy

[AndyOrch]

Topic Title updated

 

Well obviously you cant....

[AndyOrch]

https://allingtonhughes.co.uk/criminal-law-funding-and-proceedings-part-three/

[AndyOrch]

From the Legal Aid Board or adviser ...can you possibly scan redact and upload this Marstons letter ? 

[AndyOrch]

Waiting for your upload.....who have you paid the £7K to already ?

 

Quote

Can they force us to sell our retirement apartment. 

Do I need to apply for a council property. 

 

No....read the advice already given.

[AndyOrch]

So when was this incident that you was found guilty ?  If you wish to continue this topic with drip feeding information it may take a long time to give you any practical advice to ease your panic.

 

Letter from Marstons..redacted would be a good start.

 

Andy

[AndyOrch]

Resources to be treated as the individual’s resources

4.—(1) Where an individual has a partner—

(a)in calculating the financial resources of the individual, the Director must treat the financial resources of the partner as the individual’s financial resources; and

(b)any reference in these Regulations to the financial resources, financial circumstances, income or capital of the individual includes a reference to the financial resources, financial circumstances, income or capital of the individual’s partner,

unless the partner has a contrary interest in the proceedings.

 

http://www.legislation.gov.uk/uksi/2013/483/regulation/4/made

 

What about the situation where a wife owns assets that are sought to be recovered against the husband? A question that many a defendant asks is: ‘How can my wife protect her assets from confiscation?’

 

https://www.bestcriminaldefencebarrister.co.uk/criminal-defence-barrister-blog/2015/december/08/how-couples-can-protect-their-assets-in-confiscation-proceedings/

[AndyOrch]

Quote

I  spoke to a woman whose husband was imprisoned last year. She has since received a restraint order from the Crown Prosecution Service which places a charge on the home where she and her children reside.

The CPS website states that a restraint order has the effect of freezing property anywhere in the world that may be liable to confiscation following the trial and the making of a confiscation order. 

The wife tells me the restraint order was ‘full of legal jargon, but reading between the lines I could see that everything I owned was now on the table for confiscation’.

She adds: ‘I was fortunate enough to know that this would come and therefore it is not a shock to me. My lawyer told me in no uncertain terms that if I thought the criminal trial we went through that led to my husband’s conviction was bad, I should wait until we got to confiscation. Your negotiating position goes pretty much down to nil when you are “guilty”.

 

https://www.lawgazette.co.uk/commentary-and-opinion/families-dealing-with-a-guilty-verdict/5060100.article

[AndyOrch]

There is no CCJ DX.....Legal Aid has no connection to a CCJ........they secure the aid by way of a charge on property.

[AndyOrch]

Re read my post #51 above

[AndyOrch]

Have you checked or received anything from the Land Registry if the LAA have placed a charge against your wife's property? 

 

Ignore Marstons letters for now.

[AndyOrch]

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(3) HOWLER was advised earlier to ignore this demand because his wife's property couldn't be taken into account in calculating the capital contribution.  Is the view now that this advice was mistaken and her property can be taken into account?  If HOWLER is confused by this whole thing  (and he says he is) it might be useful to spell out for him exactly what the position is regarding this point.  (It looks to me as if it can be taken into account).

 

 

Already have see post #51

[AndyOrch]

Just to reiterate and to correct any previous advice....the OPs wife assets/property can be taken into consideration but the norm is the LAA simply place a charge as security and very rarely ever force sale of property.

[AndyOrch]

No DX it will be a full charging Order to secure the legal Aid...does not work like a CCJ

 

" The LAA will register a charge on your home, similar to a mortgage, with the Land Registry to secure the debt. Interest – currently 8% – is charged on this debt."

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/860909/Client_Legal_Aid_Leaflet.pdf

[AndyOrch]

Agreed London........unless you argue the atrocious costs figure...they assume you will accept it....and I emphasise accept not pay it.You don't need a lawyer to draft letters.....you do need to check with the Land Registry if they have placed a charge.If they have it can always be adjusted.

[AndyOrch]

17 minutes ago, HOWLER said:

As yet there is no charge as the 28 days is not up yet .

 

 what 28 days.....there you go again taking notice of a DCA time frame....The LAA set the times an timetable.

[AndyOrch]

Along with the relevant legislation I have already posted in post #51...further to that....

 

2. Whose Resources are to be Assessed?

 

2.1 Individual and Partner 1. As well as the resources of the individual, the resources of his or her partner are assessed and taken into account. 2. A partner is defined in regulations as: (a) A person to whom the individual is married or in a civil partnership, and is not separated due to a breakdown of the relationship which is likely to be permanent; (b) A person with whom the individual lives as a couple; or (c) A person with whom the individual ordinarily lives as a couple, and from whom they are not separated due to a breakdown of the relationship which is likely to be permanent. 3.

 

This means that there must be a breakdown in the relationship that is likely to be permanent (i.e. at least one of the parties considers the relationship to be at an end) rather than mere physical separation if the partner’s means are not to be aggregated with the individual. Therefore a couple who is physically separated owing to financial or practical reasons, e.g. job location or the fact that one of the parties is in prison, hospital, residential care etc. must be aggregated. 4. Where it is advised that a couple are married according to English law but are not planning to live together until they have undergone their traditional cultural ceremony, you must aggregate their resources in the assessment. 5.

 

A couple do not have to be married for this procedure to apply; the aggregation rule applies to anyone living as a couple including partners of the same sex. Therefore the term partner includes a spouse, civil partner or anyone with whom the individual lives or ordinarily lives as a couple. 6. The means of the individual's partner are not included in the financial determination in the following circumstances: (a) Where the partner has a contrary interest in the dispute in respect of which the application is made. Means will therefore not be aggregated where the partner is the opponent or the potential opponent in the proceedings. The most obvious example is in a matrimonial dispute. Note:

 

It is not strictly speaking necessary for a partner to be the opponent in the proceedings to have a contrary interest. However, if he or she is not the opponent, the establishment of the contrary interest is more difficult. One indication is where the parties are separately legally represented in a dispute. This is not an exhaustive test since, for example, parties might be legally represented if there is only a potential conflict of interest rather than an actual one. Further enquiries may have to be made in cases of doubt and it will be a question of fact in each case whether a contrary interest exists. The guidance note on the financial application forms advises applicants not to include their partner's resources where the partner is the opponent in the proceedings. (b) Where the individual and partner are separated due to a breakdown in the relationship which is likely to be permanent.

 

In general, this will involve the parties living in separate locations. However, this may not always be the case. It is possible for former partners to live separate and apart (which in the context of matrimonial law refers to a breakdown in the relationship) in the same household. This would be the case if they regarded their relationship to be permanently at an end and no longer pooled their financial resources. An example of this would be where a couple have decided to split and have separated their finances and are now simply waiting for the house to be sold before going their separate ways. As is made clear by the definition of a partner in paragraph 1(c), even if they are physically separated (i.e. they live in separate houses) this does not necessarily mean that their means should not be aggregated; the couple must be aggregated unless they are permanently separated for the purpose of the regulations. Note:

 

2.2 Assets Belonging to Others 1. Regulation 16(5) provides for certain other circumstances in which assets belonging to persons other than the individual can be taken into account. There are two scenarios: (a) where another person is, or has been, or is likely to be substantially maintaining the individual or his partner. (b) resources from another person have been, or is likely to be, made available to the individual or his partner.

 

'Person' for these purposes includes a company, partnership, trust etc. 2. If either of the above scenarios apply, the caseworker has power to treat all or part of the resources of the other person concerned as belonging to the individual. 3. It is in the caseworker's discretion as to how much of the resources of the other person should be treated as belonging to the individual and the following guidelines should be followed. 4. The caseworker can assume, unless compelling evidence is provided to the contrary, that assistance given to and resources made available for the individual in the past will continue to be given/made available in the future and the assessment can be carried out on that basis.

 

This situation will most commonly arise where the individual has been supported by a wealthy family, even though the individual himself has no assets. As a rough guide, the caseworker should look at what financial support was given within the 12 months before the application, or from the date of commencement of the litigation if earlier. 5.

 

Note that the resources belonging to the other person should be assessed in accordance with the normal rules of assessment. If that other person refuses to co-operate then the caseworker has power to estimate the value of such resources. Evidence can be called for from the individual to show the amount of money either given to or received from the other person in the past. 6. Any payments made direct to third parties on behalf of the individual can also be included as income or capital by virtue of Regulation 16(5)(b). This could be, for example, mortgage payments made direct to the lender by an expartner, to pay the mortgage on the former matrimonial home where the individual is residing. This would count as maintenance income. Or, for example, a parent has paid off a credit card debt of £10,000 direct to the lender on behalf of their adult child or has purchased a car on the adult child’s behalf. This would count as capital.

 

 

 

 

[AndyOrch]

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