Another legal aid cry for help !

Christophe_1000

Hi
I wonder if someone might be able to advise me.

I was arrested in 2010 and found guilty in 2012, i served just over a year in prison and was released on licence in January 2014
Before going to prison i was assessed for legal aid and told i must pay just over £3000
It was a massive struggle to pay it as i wanted to leave my wife with some money before i went, but never the less i paid it and all was done.

One month after being released in February 2014 i suddenly get a letter telling me to pay another £3100 in 28 days
I was never told about this remaining amount !

During my time in prison and still to this day i am undergoing the proceeds of crime. I was ordered to pay £25000 which would come from the sale of my second property.
The second property has now been sold leaving equity of around £21000 to pay my POCA
The cps agreed to settle for the lesser amount of equity they received from the sale of the property and not pursue me for the remaining amount. (although they later back tracked on this and then later went back to the original agreement but thats another story)
I'm currently waiting for this all to be signed off and finalised (its been too long and i need to move on with my life)
I'm hoping in the next month or so this will be the case !
After this i expect them to lift the restraining order on my home, a place i have lived all my life for 39 years

Rossendales are now threatening to put a charge on my property for the remaining £3100
Since being released form prison, my earnings are much lower than they were when i completed my legal aid form and i now have a second child, aswell as now claiming tax credits with my wife.
The house was valued two years ago and the equity calculated, showing to be less than the 30k threshold
Since that time i've redecorated and slowly made the place liveable over the last two years and i now believe the equity to be slightly more than 30k maybe 35k
However it was also decided during my poca proceedings that my partner is entitled to half the equity, something i do have documentation to prove !

I have sent Rossendales various documentation detailing my poca proceedings, and that i have a restraining order on my home, and that i am still required to attend court to deal with these poca proceedings, but every time i send something, they either ask for the same thing again a few months down the line or ask for something different.

Can i be reassessed for my legal aid bill after all this time and now that my financial situation has changed ?
Also on the phone to Rossendales, the guy said 'even though my share of equity may be less than the 30k threshold i may still be required to pay the remaining amount, can they put a charge on my house if my equity share is less than 30k ?

Many thanks for your time and help !

patman99

There is a thread HERE that you may find of use.

Also, have you written to whoever it is that deals with Legal Aid to ask them for a full break-down of costs?.

It could be that you paid, but they lost their records of this having taken place.

Start asking the right questions and you could find the answers to why they suddenly want you to pay this extra £3100.
It could simply be an accounting error on their part, or it could be that they failed to calculate the initial bill correctly.

If, in the end, it transpires that you do indeed owe this money, then speak to Stepchange to get a DMP in place. Everything that you owe in POCA and LA will then be paid-back at a level that will not leave you in poverty.

Christophe_1000

Hi Patman

Thanks for your reply

When i received the bill from Rossendales, it stated that i had already paid £3000 and that £3100 is now remaining ! This is something i knew nothing about, i was never told i would be liable for another 3k at any time in the future !

I will be writing and calling legal aid today to ask them for a breakdown of costs.

As for my Poca, that's more or less sorted now, it's been paid and is coming to a close.

Can you clarify what a DMP is please ?

Many thanks

Karonher

A DMP is a debt management plan. You pay the money back at a rate you can afford. You do need to show your income and expenses to ensure the right payment rate is set.

Use a free company such as stepchange, or CAP rather than one that charges.

patman99

The mantra I came up with with regards to debt management companies is -
"If they charge a fee, flee."

Christophe_1000

Hi Again

Back to my original questions ....
Can i be reassessed for my legal aid bill after all this time and now that my financial situation has changed ?
Also on the phone to Rossendales, the guy said 'even though my share of equity may be less than the 30k threshold i may still be required to pay the remaining amount, can they put a charge on my house if my equity share is less than 30k ?

Also what proceedures do they have to go through to put a charging order on my house ?
How long does it take them to put a charging order in place ?

Many thanks

Christophe_1000

Hi Patman

Thanks for the link to the thread on charging order myth

I had a good read of it and it basically requires the buyer to write to the land registry confirming they have seen proof that the seller has informed the charging order people that they are about to sell.
It seems that most solicitors would not morrally do this, as it may require them to delay their reporting of forth coming events involving the property !
Am i right with this ?

Many thanks