Rossedales and enforcement fees that raise for no reason

vok

Hi,

I wonder if someone can help on this matter.

October 2017 - I received a Capital contributionicon Order (CCO) for £52968.06 to repay to Legal Aid Agency (LAA) following a legal proceeding.
In this case Rossendales claimed £362.50 as enforcement costs and other fees for a Charging Order thay they put on my property.

December 2017 - I lodged a Judicial Review as litigant in person against Legal Aid Agency. The argument was that the CCO was miscalculated.

Jannuary 2018 - The High Court ordered LAA to recalculate the CCO within 3 months.

May 2018 - LAA admitted the miscalculation and issued a variation of the CCO for £39567. This time Rossendales
raised the enforcement costs and other fees to £442.50.

21 August 2018 - I contacted Rossedales in order to arrange a payment plan.

29 August - The High Court ordered LAA to pay my costs for the persuance of Judical Review.

31 August 2018 - Out of the blue, Rossendales sent me another variation of the CCO for £41003.63. This time Rossendales raised the enforcement costs to £1878.50.
Basically, the amount of the CCO did not changed (£39567). Rosseldales just added more fees.


I understand the initial enforcement costs of £362.50 for the application of the Charging Order. But after they secured their credit there was not action anymore in terms of enforcement.
I lodged my Judicial Review and succeded in that.They sent me a new CCO and applied fees for £442.50.
After contacting them on 21 august to arrange a payment plan they raised again the enforcement fees to £1878.50.

Which enforcement fees they are talking about if the only enforcement action took place on October 2017( 11 months ago) for the Charging Order?
There was no enforcement action from Oct 2017 up to date especially when I succeded with my Judicial Review.

I intend to make some objections to this fees but I need some advice or opinions on the best way to proceed.

I really hope that someone can help me.

Thank you very much

fatbelly

My understanding is that if this is High Court, the fees are £90 plus £190 plus 7.5% of the sums to be recovered over £1,000 plus VAT

http://bailiffadviceonline.co.uk/bailiff-fees/high-court-enforcement

For 39567, it would be 3751.03, which is twice what they are quoting, so I don't know.

You could ask that question on

http://bailiffadviceonline.co.uk/contact-bailiff-advice/send-a-question-to-bailiff-advice

vok

Hi Fatbelly,
Thank for your reply.
I understand your point. However, I think this could be valid if the amount was overdue.
The CCO was issue on 31/08/18 and based on Regulations on COO I have 28 days to dispute that.
Also, I won my Judicial Review case, so why should I pay for their mistake or any enforcement action?

I wonder how I can challenge these enforcement costs.

Thank you

National_Debtline

Hi Vok


The situation with legal aid can be complicated and you are likely to need specialist advice from one of the free debt advice agencies. It's worth noting that Rossendales have been contracted by the Legal Aid Agency (LAA) to collect and enforce certain types of legal aid.


That means they may not be acting as bailiffs for the whole of the collection process, and the fees they add do not all necessarily relate to the standard fees a high court bailiff is allowed to add. If you haven't done so already you should request a full written breakdown of the fees they have added.


Best wishes


Susie
@natdebtline

vok

Hi,
I have received the breakdown of the enforcement fees(£1878.50) claimed by Rossendales.
Rossedales stated in the letter that this sum is to cover their costs for legal advice and representation in Court.

Last May I took Rossendales to Court in an attempt to stop a Charging Order to be made final. My claim was dismissed.
Rossendales' solicitor claimed £1400 as total costs. The Court considered this amount excessive and ordered that I should pay a lower amount, that was £800.

Since then there was not enforcement action by Rossendales or any sort of legal action simply because there is still a Charging Order on my property.

I am incline to think that Rossendales is trying to claim the rest of the money that the Court considered excessive. This sounds like an attempt to circumvent a Court Order.
I requested to Rossendales to cancel this request and sent to them copy of the Court Order.

Do you think I should make the Court aware of that? Should I write to the Solicitors Regulation Authority?

Thank you very much