Marstons. Capital Contribution Order

[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.

[HOWLER]

My wife had nothing to do with this matter. 

The property has been in her name for years. 

There was also no proceeds of crime as I never got paid. 

So how can they take 106k from my wife's asset. 

[FTMDave]

OP, surely you meant conviction in a CROWN COURT.  Is that right? 

[HOWLER]

53 minutes ago, FTMDave said:

OP, surely you meant conviction in a CROWN COURT.  Is that right? 

Yes sir. 

 

THIS CONVICTION WAS IN A CROWN COURT. 

 

Let's not get mixed up.

[dx100uk]

5 hours ago, HOWLER said:

County Court 

your post 41 confused me..

 

1 hour ago, HOWLER said:

So how can they take 106k from my wife's asset. 

 

they can't..

 

dx

[dx100uk]

1 hour ago, Andyorch said:

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

 

which they can't do as he has no connection to it? . ...is not on the deeds or part of any past mortgage whatsoever,,,,,

and even if they could or do...would thus only be a useless restriction k?

[AndyOrch]

Re read my post #51 above

[HOWLER]

I give up I cant handle this I am not capable. just not clever enough. verbally or otherwise.

 

just spoke to doctor who explained my notes are available on line for me to download if I wish to send them the information.

 

thanks very much 

I am at the end of mt tether I cant deal with this I am done in.

[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.

[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.

 

 

[Manxman in exile]

But his wife is unaware of all this and the OP does not want to tell her... yet.

[London1971]

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

[Manxman in exile]

I know nothing about capital contributions in respect of legal aid, but I'm confused and I suspect HOWLER might be as well:

 

(1)  In his OP, HOWLER says he's been told he owes an amount "to the tune of £100,000", but that's not what the email extract above says - it says £106 only.  What is the amount?  HOWLER redacted from the first document he posted all the figures relating to the calculation.  I also note that the above states a disposable capital figure of both £123 and £123.000 - is this a typo and the second figure is meant to be £123.00 rather than £123.000 or is it meant to be £123,000 which is what the calculation suggests?

 

(2)  What does "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" even mean?   Is this what the email actually said or is it a typo by HOWLER in transcribing the email?  (Sorry HOWLER - I'm not having a go at you, I'm sure you're not used to doing all this).

 

(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).

 

I'm not particularly concerned about whether the demand can be enforced, whether any charge put on the property will have any teeth to it, or whether HOWLER needs to plead his wife's disability.  All that seems irrelevant to me until the actual amount "owed" is bottomed out, and I can't tell three pages in what that amount is.  Apologies if I'm being stupid and the amount is obvious, but I can't see it and so far as I can tell nobody else has pointed out the discrepancy between £100,000 and £106.

 

OK - presumably the balance owed is a typo by HOWLER.

 

Total legal aid paid out = £112,000 less initial contribution of £5,600* leaves outstanding balance of £106,000 - sort of.  Is it normal practice for the Legal Aid people to be so slapdash and careless in their calculations?  £112k less £5.6k* does not equal £106k.  If they are trying to back up some sort of charge/demand I'd expect to see calculations to at least the nearest pound - and I'd prefer it to be to the exact penny.  Absolutely hopeless!

 

* I understood HOWLER also to be advised to claim back the money he'd already paid - £7,000 according to him, but only £5,600 according to the email.  Does this still stand if his wife's assets can be taken into account?

 

EDIT:  I don't know they paid out £112,000 - HOWLER's email just says £112, but it's the only way the figures make any sense - well even then they don't make sense.  Pity the original calculation figures were redacted.  (Sorry HOWLER - not having a go at you.  I made a living out of understanding numbers - you probably didn't).

 

HOWLER - sorry, but did you actually cut and paste that email from Legal Aid, or did you simply try to copy it word for word?  If it is a cut and paste the author of the original email ought to be shot...

[AndyOrch]

Quote

(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.

[dx100uk]

would only be a restriction k too as he was nothing to do with property purchase nor are on the deeds ??

[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

[dx100uk]

thanks worthy for future ref

 

[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.  

[HOWLER]

marstons are demanding £106855.51p as my final defence costs.

Sorry but i had to take time away from this . 

 

My wife and i are both on anti depressants my wife also takes an array of pain medication.

She is a cancer survivor (throat Cancer ) from 5 years ago .

she also cant walk unaided as she needs hips and knees replaced.

she is in receipt of P I P payments the top rate.

Also prolapsed disc in neck. 

 

We moved to an apartment 20 months ago to make it easier for her.

i am not the owner, nor part of, she has full ownership .

 

I have not been on any deeds for 10 years before moving here.

my wifes total savings are no more than 15k.

The car is a motability vehicle.

Any other Qs please ask.

 

Once again very sorry but i am not doing too good.

 

Very BIG THANK YOU to all for any help .

 

If anyone knows of a good lawyer to do letters for me i would be happy to pay. 

I don't have any savings but could raise a couple of grand if need be.

 

yes i made a mistake putting up the letters cos i didnt want my wife to catch me. so figures i got wrong. 

 

 

Marstons CCO Letter 22-05.pdf

[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

 

 

[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.

[HOWLER]

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

[London1971]

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

[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.