Rosssendale's Legal Aid Query

[Mag1nMc]

Hi all,
does anyone know if these muppets can ask for details of the equity in my wife's house for legal aid purposes?
I was the defendant and the offence was before I met my wife, who bought the house in her maiden name before we got married.
The house was declared on the Legal Aid form as all questions were answered truthfully.
However, they now want equity details to see if a contribution should be paid, otherwise they are going to bill us at the full estimated cost of the property.

M

[Schedule 12]

It looks like a capital contribution order, and rossendales is having a go.

You have no contract with them.

File it in the bin. That is not how a capital contribution order works. They want a reaction from you.

If they want that information, then they can get it from HM Land Registry. Nothing in the regulations says you have to give it to rossendales.

Here is more: http://www.dealingwithbailiffs.co.uk/ca ... -order.htm

[Mag1nMc]

Hi Jason,
thanks for that. It states Your Legal Aid application, Important Information Required. Is that the same thing then?
States they are acting on behalf of the Legal Aid Agency. The letter also states working in partnership together. Says it all really eh?
If it is the same thing, then does that mean I just fire off the necessary letter to the Legal Aid Agency??

Regards,

M

[Schedule 12]

Rossendales are enforcement agents, and I don't really know what power a capital contribution order has to enable taking control of goods.

[Mag1nMc]

Won't stop them trying will it?
Says if i don't respond in 7 days, they will assume the property has no mortgage and use the value of the property to determine my liability to pay the costs of the trial.
Can that be done in retrospect when Legal Aid has already been awarded and case has concluded?

[Schedule 12]

All I know is none of this sits right. The Crown court does the assessment, the bailiff company enforces it.

[Pote Snitkin]

There's info about these orders here
http://hub.unlock.org.uk/knowledgebase/ ... legal-aid/

This bit is interesting

CCO’s are recovered by debt collectors often posing as ‘bailiffs’, but the regulations (Regulation 19 of the Criminal Defence (Contribution Orders) Regulations 2009) do not (as yet) provide for levying on goods, breaking into homes or charging you fees.

[Mag1nMc]

Where do i actually stand then?
Do you think it's best I provide the information or not?
Don't want to face a whopping big bill.

[Schedule 12]

If the order has been made, then you have to pay it.

If there is no order then you don't owe anything.


Ask to see the order. Post it up when you have it.

[Mag1nMc]

My solicitor has told me there is no order yet They are seeing what, if any assets may be available. It doesn't sit well with the wife as the house is fully in her name.

[Schedule 12]

If its in her name then the house is out of the loop. Its not your asset and not available for the assessment.

If there is no order then you have no liability. That cannot happen until you have been assessed.

It looks like rossendales are having a go at doing an assessment. I don't know what regulation obligates you to make over personal information to them. If there was such a regulation, I expect rossendales would have given it to you.

If you have a solicitor, then rossendales should not even be contacting you. When a solicitor gives the Notice of Acting to a party, that party is prohibited by law from contacting the client direct. They can only contact the solicitor. That includes "without prejudice" correspondence.