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Hearing 23rd July, legal aid app made 28th May still not approved.
On 28th May, I submitted a legal aid claim, with all accounts requested. The date of hearing (harassment without violence, not guilty plea entered) is 23rd July.
I think the timeline explains the problem best - by the end, we are just going round in circles. I have provided the most recent set of accounts, and they can see full well I am not the sole shareholder by any means, so what can I do? Thanks!
On Mon, 3 Jun 2019 at 10:39 email from solicitors
Date: Mon, 10 Jun 2019 at 12:35 - email to solicitors
Date: Mon, 10 Jun 2019 at 13:38 - email from solicitors
Date: Mon, 17 Jun 2019 at 16:27 - email TO solicitors, forwarding a reply from my accountants
24/06/2019 11:38, 24/06/2019 15:11
Tue, 25 Jun 2019 at 08:49 - email from solicitors
Thu, 11 Jul 2019 at 14:50 email to solicitors
11/07/2019 14:26 and 12/07/2019 12:32 - called to chase legal aid. Spoke to secretary.
16/07/2019 - email from solicitors
I think the timeline explains the problem best - by the end, we are just going round in circles. I have provided the most recent set of accounts, and they can see full well I am not the sole shareholder by any means, so what can I do? Thanks!
On Mon, 3 Jun 2019 at 10:39 email from solicitors
I will submit your legal aid application without delay.
Date: Mon, 10 Jun 2019 at 12:35 - email to solicitors
Anything from Legal Aid?
Date: Mon, 10 Jun 2019 at 13:38 - email from solicitors
Please find attached herewith correspondence received from the Legal Aid Agency.
We would be grateful if you could forward to us the relevant documents
"Regrettably I have not been able to complete an assessment as we require further evidence of income. We will require a complete set of financial statements for the company which includes a Trading, Profit and Loss Account and Balance Sheet. Please be advised that we cannot accept micro-entity accounts or abbreviated accounts as they show only the balance sheet of the company and do not include the necessary trading information we require to carry out an accurate means assessment. A tax return for an applicant who is a director of a limited company is insufficient as evidence on its own as it will not show the adjusted profit after deduction of corporation tax as this is included on the corporation tax return of the company. If your client is the sole director and shareholder he is entitled to 100% of the profit after tax and therefore, we require a complete set of financial accounts. Please be advised that we cannot carry out an assessment using the bank statements of the Limited Company "
"Regrettably I have not been able to complete an assessment as we require further evidence of income. We will require a complete set of financial statements for the company which includes a Trading, Profit and Loss Account and Balance Sheet. Please be advised that we cannot accept micro-entity accounts or abbreviated accounts as they show only the balance sheet of the company and do not include the necessary trading information we require to carry out an accurate means assessment. A tax return for an applicant who is a director of a limited company is insufficient as evidence on its own as it will not show the adjusted profit after deduction of corporation tax as this is included on the corporation tax return of the company. If your client is the sole director and shareholder he is entitled to 100% of the profit after tax and therefore, we require a complete set of financial accounts. Please be advised that we cannot carry out an assessment using the bank statements of the Limited Company "
Date: Mon, 17 Jun 2019 at 16:27 - email TO solicitors, forwarding a reply from my accountants
Please find the response from my accountants
"Firstly the information below refers to company financial statements required where you are a sole director and shareholder and entitled to 100% of the profits that the company makes. This is not the case with [your company]. While you are the sole director you are not the sole shareholder. In fact you own 1 out of 5,001 shares in the company, so are entitled to less than 1% of the company profit! The text in their email below does not seem to realise this.
It also says that they cannot accept micro-entity accounts or abbreviated accounts. While abbreviated accounts are no longer an option, your accounts will be prepared under the micro-entity regime. However, contrary to the statement below, micro-entity accounts can include a profit and loss statement as well as a balance sheet, it just does not need to be filed with Companies House. I think some clarity is needed from them on what accounts would be satisfactory for them (if they are needed following the information above) as to prepare the company accounts under the FRS102 reporting regime will mean further detail and substantially increased cost in preparing the accounts. It will also mean that you cannot switch back to accounts under the micro-entity regime in future years."
It also says that they cannot accept micro-entity accounts or abbreviated accounts. While abbreviated accounts are no longer an option, your accounts will be prepared under the micro-entity regime. However, contrary to the statement below, micro-entity accounts can include a profit and loss statement as well as a balance sheet, it just does not need to be filed with Companies House. I think some clarity is needed from them on what accounts would be satisfactory for them (if they are needed following the information above) as to prepare the company accounts under the FRS102 reporting regime will mean further detail and substantially increased cost in preparing the accounts. It will also mean that you cannot switch back to accounts under the micro-entity regime in future years."
24/06/2019 11:38, 24/06/2019 15:11
Called to chase about progress with legal aid.
Tue, 25 Jun 2019 at 08:49 - email from solicitors
We have raised queries with the Legal Aid Agency regarding the information that they require off you
Thu, 11 Jul 2019 at 14:50 email to solicitors
It concerns me that we've STILL not heard back about legal aid a month after we replied to their last question.
11/07/2019 14:26 and 12/07/2019 12:32 - called to chase legal aid. Spoke to secretary.
Response promised, none forthcoming
16/07/2019 - email from solicitors
Please find attached herewith correspondence received from the Legal Aid Agency.
As per previous message, regrettably I have not been able to complete an assessment as we require further evidence of income. We will require a complete set of financial statements for the company which includes a Trading, Profit and Loss Account and Balance Sheet. Please be advised that we cannot accept micro-entity accounts or abbreviated accounts as they show only the balance sheet of the company and do not include the necessary trading information we require to carry out an accurate means assessment. A tax return for an applicant who is a director of a limited company is insufficient as evidence on its own as it will not show the adjusted profit after deduction of corporation tax as this is included on the corporation tax return of the company. If your client is the sole director and shareholder he is entitled to 100% of the profit after tax and therefore, we require a complete set of financial accounts. Please be advised that we cannot carry out an assessment using the bank statements of the Limited Company.
Please provide the most recent accounts.
Please provide the most recent accounts.
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