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Marstons. Capital Contribution Order


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Got this today .Your comments please much appreciated.

 

 

 

 

 

I note your comments stated in regards to your current circumstances and wife’s health conditions. However, I must advise that, whilst we appreciate the difficulty faced by the current circumstances, you remain liable for the amount of £10XXXXX

 

When calculating your Capital Contribution Order we assessed using the Final Defence Costs the Legal Aid Agency paid to your solicitor and barrister and the disposable capital both you and your wife hold. As previously stated in the email sent by ourselves on 11th June 2020, if you disagree with the figures used to calculate your disposable capital or current liability, please submit evidence so that we may conduct a review. If evidence cannot be provided for a review, I would advise that you contact our collection and enforcement agents, Marston Holdings Ltd (Marstons) in order to discuss payment.

 

We understand your concerns regarding external contact during the pandemic and the risk to your family’s safety. Please be advised that during this situation, visits from Marstons are highly unlikely. However, I must advise you that as the liability has not been paid, in order to secure the debt owed it is likely that Marstons will apply for a charge to be secured against your property; please note that where enforcement action such as this is taken, the fees incurred will be added to your account. If this action is taken you will be notified accordingly. Once a charge has been secured this will allow for you to arrange a payment plan with Marstons. When considering a payment plan, Marstons will consider your current income and outgoings in order to arrive at an affordable figure.

 

If you wish to conduct a review, please submit all evidence to the National Crime Team as soon as possible. Pease note, if a review cannot be competed, you will remain liable for the full amount which cannot be revoked. I must also confirm that cannot reimburse you for any payments already made.

 

If you have any queries please do not hesitate to get in touch via the contact details below. Please quote the MAAT reference XXXXXXX on any future correspondence.

 

Yours sincerely,

 

 

 

Caseworker

National Crime Team

Fothergill House,

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Oh dear 

 

Al this legal stuff does nowt for me. Can't understand a word. 

 

But am very impressed by the stuff you guys turn up. 

So are we in agreement with we go to top dog and complain again. C/w copies of letters. ¿???????? 

Thanks again guys. 

 

 

 

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@Andyorch 26/05/2020: confused . com

I thank you very much for your help but this just loses me i have no idea how to follow this. cheers

 

@london1971 26/05/2020: confused . com

Done today !st Class Recorded

Thanks again guys

I really dont know where id be without your help

THANK YOU ALL. 

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  • 2 weeks later...

Hi guys

No letters received as yet,  the only update is the gaffer now knows about this demand , im sure you can imagine the crap really hit the fan.

 

The only thing i have found out is the LAA have a complaints department and a complaints system thats supposed to be followed. OOOPS 

I suppose im not alone in this predicament.

 

Had i realised it was going to come to this id have told the lawyers to do one. 

 

Keep safe ya'll .

 

https://www.gov.uk/government/organisations/legal-aid-agency/about/complaints-procedure

 

What do i do if anything  ????

 

Oh and BTW i almost forgot , forgetting lots lately, thats why i went to the docs.

I have just this week been diagnosed with Brain Calcification , whoopee on top of all this. Side effects are unbelievable, check it out.

 

Seems ive had it for a number of years , it explains lots of problems ive had.  

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  • 2 weeks later...

I think it was my wife's letter that did the trick. 

She wrote after me. 

 

Thanks guys without all your help I could not have got this far.

I was at a dangerous stage. 

It's a great result, a big weight off, but still further to go. 

THANK YOU SO MUCH. 

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  • 3 months later...

Hi guys n gals. 

Well after months of nothing happening they asked for a statement of income and outgoing. The following is their reply

 

 

£250 / month for the rest of my life. 

I think not. 

What the heck (non priority expenditure) I'm a 69 year old pensioner on £1150 / month income. 

Where the heck do I have non priority expenditure?????. 

Oh what to do. 

 

2020-11-12 Marston Letter @£250PCM.pdf

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Sorry guys in not keeping you up to date but they (LAA) gave me 3 months to get my income and expenditure and appeal letter to them. 

Which I did about 3 weeks ago, then this letter came today from marstons. 

Nothing from LAA since July. 

I think they just passed it on to marstons. 

Thank you all for your comments and suggestions. 

It don't half take the pressure off. 

I think the best course of action will be a letter to Jane Harbottle direct. The minions don't seem to listen. 

THANK YOU ALL. 

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1 hour ago, Manxman in exile said:

I don't always agree with London1971 but having re-read Jane Harbottle's letter from back in July I'd agree you should write a letter of complaint directly to her.  She aplogised so many times and so profusely in that letter about the clumsy threat to put a charge on your wife's property that I'd go direct to her on the off-chance that they've screwed up again somewhere in this process.

 

I assume that after you received the letter from her you submitted some sort of hardship appeal against the capital contribution order together with a statement of income and outgoings?  (That's what her letter appeared to be suggesting you do).

 

I'd be asking them how they have come to the conclusion that some of your expenditure is "not a priority" without giving you any fair opportunity to justify it, and how on earth they can consider a proposed payment plan of £250 per month from an income of £1150 (over 20%) to be reasonable?

 

Plus the other stuff from London1971:  "Tell them to stop bullying vulnerable pensioners, and taking away their food money in the middle of the worst public health and financial crisis in living memory".   Plus your in a vulnerable group from Covid blah blah...

Thank you so very much for your help. 

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I'm very sorry guys but this is getting to me,

you are dealing with a chap with brain problems and limited education,

useless at letters,

unable to make proper decisions,

 

I have enough looking after my wife 

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  • 2 weeks later...

Well after I sent the expenses and income list + covering letter. The only thing I got back was marstons demand for £250 / month. I was so disgusted at this amount with no explanation, I decided to ignore and didn't do anything, other than worry.. 

 

Then today at 5pm I received an email from the LAA saying because of my/our health and monetary situation they have called off marstons and will not be persuing this any further. 

My next question is, 

Any tips on how to go after the £5600 already paid. 

Tips as in how to word the letter. 

 

I can't express how much I am indebted to you all. 

Thank you so very much. 

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