Marstons. Capital Contribution Order

[HOWLER]

hi

can anyone help

what the heck do i do

i received in the post today a cco to the tune of £100,000 .

yes they found me guilty even tho the judge said it was rough justice and thought i wasnt.

i already paid £7000

but now this i am stunned.

Help please

[HOWLER]

Letter arrived today from marstons. 

Awarded don't know I will be in touch. 

 

5 hours ago, honeybee13 said:

Hi.

 

I'm sure people will be along to help later. Have you posted about this problem before please?

 

HB

 

No this is new. 

 

My wife owns our apartment. 

She is disabled

We are both pensioners with minimal savings. 

 

How do I raise 106 k. 

 

 

[HOWLER]

How and from who should I have been informed about the order cos I can't find anything. 

[HOWLER]

On 26/05/2020 at 16:44, Andyorch said:

Topic Title updated

 

Well obviously you cant......

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. 

 

Personally if I sold all I own it would amount to £5k.

I don't own a car. 

No fancy stuff. 

Nothing. 

Can they force us to sell our retirement apartment. 

Do I need to apply for a council property. 

I am falling apart here. 

 

 

[HOWLER]

4 hours ago, Andyorch said:

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

 

 

No....read the advice already given.

Paid to marstons last year 2019

 

[HOWLER]

im sorry confused 

 

The letter i got today 

 

The verdict was delivered on friday 13th dec 2019 

sentenced wed 18th dec 2019 to the most lenient sentence of 2 years suspended .

 

The judge did not agree with the verdict but had to sentence me .

 

Are there any professional people available who would sort this for me .

 

Im at my witsend and dare not inform my family , i am already the bad grandpa .

 

one of my sons has disowned me already ,.

 

 

Marstons CCO Letter 22-05.pdf Marstons CCO Letter 24-12-19.pdf

[HOWLER]

@dx100ukPaid direct to marstons

 

@AndyorchSorry but I'm confused and don't know what to do. 

It's not intentional. 

 

@London1971Easy to say, but I'm crappin it. 

[HOWLER]

Thankyou so much I will give it a go. Is email OK 

 

You say to read post 11 I can't see post 11.

Am I missing something 

[HOWLER]

Capital assessments are based on the:

 

amount or value of the asset at the time of the application

outcome of checks carried out to protect against fraud

As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest.

Just found the above in the law society website. 

So am I screwed. 

So confused. 

 

[HOWLER]

Email sent today to both parties LAA and MARSTONS detailing all errors and asking them to sort it.

The ball is now in their court.

Thank you everyone , i will be in touch again as soon as i get a reply

[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. 

[HOWLER]

Thank you guys thank you so much for your replies. 

[HOWLER]

how do i attatch an email

Edited June 11, 2020 by HOWLER

[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: [email protected] 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 .

 

[HOWLER]

Can anyone else offer any advice. Please. 

[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. 

[HOWLER]

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

[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

 

[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. 

[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. 

[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.

[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.

[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

[HOWLER]

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

[HOWLER]

My wife paid off the mortgage and debts when we moved here , we have no liabilities .

 

The other guys were charged with money laundering i was not, mine was a lesser charge .

for me it was a debt collection job that went wrong....

and i got charged with conspiracy to kidnap though there was no kidnap

the bloke ran away into the arms of the local plod,

who then after some digging decided to go after the big guys for laundering charges.

 

Mine was a small part played on the fringes.

I was there to back up the bailiff in carrying out his employment. 

 

I tried to get my barrister to appeal but was told there was nothing to appeal on.

i got a polite go away and think you are lucky cos they all got time.