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

[London1971]

As suggested if you can give the more info as above there are loads of people who can give excellent advice here.  Look at this below

 

Stopping enforcement

You can apply to the court that made the CCO using a Form N244 to set aside the order.

Alternatively, apply to vary the CCO and include a completed Form N245 Income and Expenditure and a to vary the CCO into an Income Contribution Order and you can pay in affordable installments.

The court fee for an N244 is £255. If you are on a low income, claim court fee remission online and put the application reference number on your form N244.

You don't need to write a letter or contact the bailiff company.

 

Your grounds can be

 prescribed benefit

Your were not means tested before the order was made

You have had a change of circumstances

You are on a low income under £12000 a year

Your total assets are under £30,000

You were convicted in a magistrates' court, and not a court court.

You were given notice of the order after 21 days from the date of the order - preventing an appeal.

You were not given a notice at all, for example, it was posted to a previous address

The order was made more than 6 years ago - Section 9 of the Limitation Act 1980

 

I might also suggest, that your wife's disability, backed up with Consultant's doctor's notes etc, will kill this one dead in the water. Also read below

 

Bailiff company Rossendales Ltd bid on on the government contract for the enforcement of CCO's, but it's work came with very limited success.

 

The problem faced by bailiffs is a combination of the practicality of asking debtors from low-income backgrounds to give tens of thousands of pounds at the doorstep, and debtors not having movable goods or vehicles of such high value.

 

There are no rules limiting the rise in the value of legal costs ordered against people for legal representation fees, or state that the cost of solicitors fees must be proportionate to the cause of action.

 

As a result, costs orders for solicitors fees against people have become hyperinflated. This is due to the person owing having no prospect of ever paying, or they divert income or assets elsewhere, causing the legal profession to increase fees further to offset the risk of losing a share of costs orders against debtors that cannot pay.

 

Debtors cannot go to prison or be "arrested" for non-payment of a CCO.

The liability dies after six years following the date of the order.

The solicitor is still paid, but from public funds and only at rates set by the government.

[London1971]

19 minutes ago, HOWLER said:

When all this started I had to supply details of my income and my wife's income and savings. 

So I suppose it includes my wife's too. 

They obviously ignored it then. Be sure to also note that you are in a high risk Covid group (65 plus) and you certainly won’t be receiving any Doorstep visitors thanks.

[London1971]

Listen to all the advice given OP. Did you read the link that I posted. The one that said there is no way of forcing you to pay and that they send these ridiculous hyper inflated fees in the hope that some mug will get scared and cough up because they know there is zero that they can do.
 

Did you read the bit about low incomes?

 

You ask for a professional To ‘sort this out ‘ That person who knows this inside out is @dx100uk. He’s seen your letters, and can tell they they are just a load of bluster.

 

All of our advice fits in pretty well doesn’t it? In other words you really have nothing to worry about.

[London1971]

And to look at the bigger picture . What judge or magistrate or anyone in authority is going to side with a bottom feeding DCA and force a vulnerable couple with no money into the streets at any time, let alone in the worst economic and public health crisis in living memory.

 

Read the other threads here, do as they did. Try to get your money back from Marstons. They don’t deserve a penny from you.

[London1971]

Good luck, keep us posted

[London1971]

Hi there,

 

Take a good look through all of the links we have posted you. They are trying to rob you blind. Powerless DCA , trying it on. In future everything needs to be sent in writing by post BTW. Email just gives the likes of Marstons another conduit to carry out their intimidation tactics. Please send in writing to the LAA. Marston's 'Opinion' on this means nothing.

[London1971]

A couple of points,

 

1 See post 6 N244

2. Never email, always in writing

3. Along with the N244 send all medical, doctors and consultants letters regarding your wife's disability, medications etc. Explain that she is a high risk for Covid 19 and you do not want anymore correspondence from the LAA, Marstons or anything hinting at a threat of eviction.

 

Side effects of medication etc, such as depression anxiety? important for doc to mention in letter.

 

 

[London1971]

Personally I think your wife’s disability will back them right off. 

 

Trying to take a disabled woman’s flat off her in the middle of the worst public health and economic crisis in a Century? I don’t think so.

 

We aren’t living in the times of Oliver Twist. Ring your GP this morning, get a note written.

 

Take a copy and send it by post , not by email with an explainer. I went into some very very specific details about my wife’s medications, and side effects. 
 

Didn’t take long for Tax Credits to back off a 5 figure demand. I’m guessing the LAA won’t be much different.

 

 

[London1971]

Then perhaps get your wife to make a phone GP appointment?  She can then have a confidential conversation about what's going on with her GP, and they will write the appropriate letter.

 

 

 

 

 

 

 

[London1971]

Also worth adding this in from the same Article. Nobody is forced out of anywhere.  

 

The agency adds: ‘The LAA does not record the source of how applicants satisfy their liability. It should also be noted that the LAA currently do not enforce the sale of properties but instead secure a charge to ensure that if the applicant chooses to sell their property our debt becomes payable.’

[London1971]

3 minutes ago, HOWLER said:

I have not told my wife of this it will kill her and cause so much bad feeling. 

I can't do that. 

I have an appointment with the doctor Monday to get a letter. 

Ok, that is good. piece by piece we will sort this out

[London1971]

Your wife is going to have to ring up, of curse they won't give out her information to someone who isn't her. Any doctor will write a medical note, sure some might charge £20 but most will do it for free. If necessary she should make an appointment.

 

 

[London1971]

You can lead a horse to water but you can’t make it drink.

[London1971]

It's worth noting that there is also an appeal process for hardship and extra ordinary circumstances, not just financial.

 

We don't know the details of his wife's disability.

 

I think he's got a chance of getting it thrown out, better than 50% if he can point to how damaging this is to her condition. For example if she on Anti Anxiety / Anti Depressants especially to counter the side effects of another medication that she needs to take?

 

Or even on the physical side. Does the apartment have special facilities for her etc? Would it be impossible for her to move somewhere else? I know they can't force a sale but this might be enough to get them to leave well alone.

 

They are a government agency, like Tax Credits, Council Tax etc and have to be extremely sensitive to this type of thing, especially when it comes to disability and depression etc.  

[London1971]

You need to make all of this known to the Legal Aid Agency. Even if you don't tell your wife immediately, write a letter explaining everything that you put in this post. We're not talking Shakespeare here,

 

Just a simple note saying that 

 

My wife is severely ill, in cancer remission also in great pain awaiting a hip and Knee replacement.  She is on a vast array of pain medication, and on anti depressants that are needed to fight the side effects. She is also in  an incredibly high risk for Covid 19.

 

Your demands for impossible amounts of money, are putting her under an unbearable amount of stress, and frankly you are making her life hell.  Pretty much demanding money with menaces from an elderly disabled woman, with chronic pain. It's also highly irresponsible of you to allow Marstons to make threats to come and visit bearing in mind the severity of the current pandemic, and her risk of Dying from Corona Virus.

 

I trust you will understand and reverse all charges. Including a refund of what we have already paid Marstons,

 

Kind Regards

 

 

[London1971]

You need to make sure it goes by post, signed for, first class. No emailing or anything, that's not how this works.

[London1971]

Yup @Manxman in exile there is a 50% chance they will ask for proof, but if they don't he doesn't need to tell his wife. If they do, well we can take it from there.

 

Howler's wife's situation should make this toxic to the LAA, I'm assuming currently they have no idea that they are bullying an extremely sick elderly woman, and when they realise they will drop it like a hot potato.

 

 

[London1971]

Do it today, don’t waste any more time!

[London1971]

Great stuff! Keep us posted.

[London1971]

Absolute rubbish. A standard letter from a ‘caseworker’.

 

i would escalate, I would  write to chief of LAA and one to your local MP. I’ll see if I can dig Up the name a bit later this morning,

 

I would also mention that you are utterly disgusted that no concern or sympathy was shown towards your wife’s situation.

 

I

 

And as DX says it’s inaccurate   also.

[London1971]

Ok here is the Link with name email

and address. Remember to send in writing.

 

https://www.ceoemail.com/s.php?id=ceo-78317 Jane Harbottle , Chief Exec , Legal Aid Agency.

 

Where to start.?Firstly, I would enclose a copy of your letter and the reply you received.

 

Then a note along the lines of
 

Dear XXY

 

See my enclosed my letter and your employee’s reply.

Please read, and I think you will agree that my wife would be classified as ‘extremely vulnerable’

 

Just to re iterate, she is in constant intense pain and on heavy medication to control it, for the rest of her life. Yet your caseworker employee found it appropriate to threaten her with your heavy handed debt collectors again, to take away her home.

 

The tone of your caseworkers reply is almost sneering, shows zero empathy. I’m sure you have a code of practice when it comes to dealing with vulnerable and disabled people. 
 

I would imagine that this doesn’t involve threatening them with Bailiffs, and taking all of their assets .

 

I await confirmation of the cancellation of this debt

 

kind regards

 

[London1971]

It’s highly likely that in similarity to many of the agencies I’ve dealt with, such as tax credits and council tax, your average LAA call centre operative, admin person has had very poor training.

 

Some of them won’t even know that they have a code of practice, especially when it comes to the vulnerable. I remember trying to explain to the council Tax call centre that I needed to discuss my wife’s illness, the woman laughed at me, told me she’d heard it all before and wouldn’t put me through. When I’d got through to someone decently high up, it was a different world.

 

It might be worth Howler ringing the LAA anonymously just to ask them to email over their debt collection code of practice before he writes to the Chief Executive so that he can quote the section around vulnerable, disabled people.

 

The reply Howler received is almost weaponised stupidity on the part of the LAA. The very least I’d have expected was a suspension of collection and asking for a doctor’s evidence.

 

Where disabled, depression etc is involved they are on very dangerous ground

 

 

[London1971]

No need, do as I say. that letter needs to go to the Chief Exec. No way, under any circumstances on this planet should they be going after your wife.  

 

 

[London1971]

I agree, I think you should write to the Exec as directed though, and demand your money back you've paid already.

 

Make them apologise and give the money back.  You are morally and legally in the right here. They are likely breaking their own code of practice by threatening a disabled person, and deserve to be had up. It's almost unbelievable to me that an employee could knowingly sneer at, and ignore a disabled, vulnerable person, and to threaten them, knowing the facts.  

[London1971]

I agree the question should be asked if it was so easy to put a charge on his wife’s property, why go to a bunch of chancers like Marston’s to do it for them, and why wait this long.

 

Judging by how his case worker at the LAA potentially opened their organisation to a whole world of trouble. They really don’t know what they are doing.

 

Still, I say howler needs to go for the neck, make a huge complaint to the Chief and demand his hard earned cash back.