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

[HOWLER]

hi folks

latest letter from marstons

 

Marston letter.pdf

 

I have only received the above reply from marston nothing as yet from the LAA.

they were copied in my email and i received a message saying it could take 2 weeks.

 

i find it funny that Marstons say they can take into account my wifes income and then begin to ask for more details of income . ???????

 

Do i wait for a LAA reply before i do anything further. 

[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.

[FTMDave]

You left your name showing so I've redacted it and then converted to PDF, so only registered Caggers can see the letter (best to keep the opposition guessing!)

[dx100uk]

On 27/05/2020 at 00:18, dx100uk said:

woe slow down..

 

this is rossendales in their DCA role they ARE NOT ACTING AS BAILIFFS and have ZERO LEGAL POWERS to do STUFF AND ALL,,

 

it's a threat-o-gram.

 

marstons group , purchased rossendales group recently

so are trying the same stunts they pulled

trying to frighten people into thinking they are acting as bailiffs

THEY ARE NOT

 

shame you paid that £7k ..you got had blind

which is why they are trying to mug you some more

 

go read these threads

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=captial constributions order&oq=captial constributions order&gs_l=partner-generic.12...65281.84291.0.86137.30.30.0.0.0.0.166.2445.28j2.30.0.csems%2Cnrl%3D13...0.19048j69595038j30j1...1.34.partner-generic..28.2.245.hrnucYaRx7o

 

dx

 

 

 

you ignore marstons totally. ^^^^^^^^^

 

dx

 

[HOWLER]

Thank you guys thank you so much for your replies. 

[HOWLER]

how do i attatch an email

Edited June 11, 2020 by HOWLER

[dx100uk]

highlight..copy and paste the text is the easiest way

else follow our upload guide

and use PDF

[HOWLER]

Email recieved today from LAA 

Looks like im screwed

The info they ask for was supplied last december. 

To:

•  You

 

 

 

Dear Mr

 

Thank you for your email dated 1^st June 2020.

 

I note your comments expressed regarding your Capital Contribution Order, ownership of the property  and financial assets held.

 

Having looked through our records I can confirm we have detailed your partner having 100% ownership of the property. Please be advised that, when assessing your liability, we can consider your partner's assets as your own. This is as per Regulation 4 of the Criminal Legal Aid (Contribution Orders) Regulations 2013 which states:

 

“Where an individual has a partner –

 

1. 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
2. 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. “

 

As such I must confirm that it is correct that your partner’s capital and equity has been included when assessing your liability for a Capital Contribution Order (CCO). I will now explain how your CCO has been calculated.

 

CCOs are calculated from disposable capital. This is the total of your joint capital and equity, less an allowance of £30,000. The amount of your Disposable Capital is £123, This figure has been calculated using the capital and equity figures that you declared on your application Legal Aid. The figures are as follows:

• Equity in property: £150,000 (Property Value: £150,000, Mortgage Value: £0)
• Capital (savings): £3,241 
• Total Capital and Equity: £153,000
• Disposable Capital (Total Capital and Equity, minus £30,000) = £123.000

 

Income and capital contributions are required to cover your Final Defence Costs (FDCs), this is the total of bills paid by the Legal Aid Agency to your solicitor and barrister. I can confirm that we have paid total FDCs of £112,. You have paid an income contribution of £5.6k leaving an outstanding balance of £106,. As your disposable capital exceeds this amount, you have been issued with a CCO to cover the remaining FDCs in full.

 

As advised above we are correct to include your partner’s equity when assessing your liability. As such, I must confirm that your CCO has been calculated correctly and cannot be reviewed at this time. As such you remain liable for the amount of £106,  

 

We can review your CCO if you disagree with the figures used. If you would like us to conduct a review of your CCO we will require the following information:

• 2 x Independent non-internet based property valuations as at the time of conviction (December 2019).
• Mortgage statement at the time of conviction (December 2019).
• Copies of any charges registered against the property (Must be registered with and Registry)

 

When applying for Legal Aid you declared having £3, in capital but have since advised to have £390 in capital. I must advise you that a request for your capital evidence was sent on the 17^th May 2019, however we have not received this evidence from yourself. Therefore, for each account held by yourself and your partner please provide the following:

• 3 months consecutive bank statements up to the date of declaration (16^th May 2019).
• Recent bank statements showing the  current balance.
• Clarification as to the reason for the change in capital value.

 

With regards to your income contribution, this was assessed using the Pension figures declared. If you believe the assessment is incorrect please do not hesitate to contact us advising of what errors you believe have been made. Please provide any evidence to support your claims. I have attached a copy of the means assessment to this email for your perusal.

 

Once you have obtained the above, please submit these to the National Crime Team as soon as possible.

 

I note your requests with regards to phone calls. Regrettably I must advise that we are unable to place a hold on your account and our agents will continue collection efforts. I would advise that you submit any evidence for a review as soon as possible. If you do not disagree with the figures we have used then I must advise that you remain liable and should contact our collection and enforcement agents, Marston Holdings Ltd, to arrange payment of the outstanding balance.

 

If you have any queries please do not hesitate to get in touch via the contact details below.

 

Yours sincerely,

 

 

	Caseworker National Crime Team Fothergill House, 16 King Street, Nottingham NG1 2AS Tel: 0300 200 2020 | Email: nationalcrimeteam@justice.gov.uk Follow us on Twitter @LegalAidAgency

 

Please please help .

i feel sick

what do i do next.

This will wipe out all we ever worked for 

Even the judge disareed with the guilty verdict and said it was rough justice.

i am so sick .

 

[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.

 

 

[HOWLER]

Can anyone else offer any advice. Please. 

[dx100uk]

were you convicted in a magistrates court or a county court

i'm not sure what effect that has but apparently it's important.

 

you also need to read post 6 from London 1971 again VERY carefully

 

yours wifes condition can over turn this.

 

its also worthy to note one of andyorchs links

LAA no longer can force sale of a home

but they won't be able to do that anyway as the property is not owned by you so even if they go for a charging order

it would only be a restriction K which in all effects to them is useless

 

either set the whole thing aside by an N244 or stick in a N245 and vary the amount to <£5PCM 

they cant get blood out of a stone.

 

 

[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.

 

 

[HOWLER]

County Court 

 

I am so confused and upset by this issue, where can I go for help as I'm useless with letters and forms at the best of times. 

Right now jeeeezz. 

[honeybee13]

It's normal to be confused if you're snowed under. What letters and forms do you need help with, can we help?

 

HB

[HOWLER]

It's just all this stuff I'm being urged to do on here. 

[honeybee13]

Do you mean the N244?

 

HB

[dx100uk]

well p'haps that's the route cause of why this mess seems so overwhelming to you.....

the very bottom line is they can't get blood out of a stone.

 

it's was a county court..a civil court matter..that means whatever you did 'wrong' it's not a criminal matter...

with a costs contribution this high, I would suggest it dragged and dragged on and could have been handled better..esp regarding what the judge said upon 'having no option' but to sentence you..and suspended it..which to all intent..cant hurt you at all unless you are stupid..

 

them enforcing the costs order has very limited options..a CO will be of no use to them as you don't own the property so its very safe...

just offer a silly low £PCM amount as I said. stuff and all they can do..and your partners health might even wipe it out totally.

n244 (and use the ex160 form ..at zero cost to you) ??

[HOWLER]

The case dragged on and on because some guys were involved in money laundering of which I had no idea till court. 

I was a pawn in a bigger story. 

Some of em went down for 5 years. 

 

 

On 12/06/2020 at 13:33, honeybee13 said:

Do you mean the N244?

 

HB

Yes

 

[honeybee13]

OK, I can see it isn't that easy to fill in. I'll flag your thread for the site team and see if someone can point you in the right direction.

 

HB

[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.

 

 

 

 

 

 

 

[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

[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.’

[HOWLER]

On 12/06/2020 at 15:58, London1971 said:

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.’

Charming

 

 

On 12/06/2020 at 15:51, Andyorch said:

 

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

Cheered me up no end. Thanx. 

 

On 12/06/2020 at 14:24, London1971 said:

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.

 

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. 

[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