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Hi,
I received an Order for recovery of Award which is for a capital contribution order.
The debt collector on behalf of Legal Aid, sent this 50k capital contribution order letter to the wrong address. Therefore I never received a request of payment.
The debt collector when on and submitted an application for an Order for recovery of Award. Now they can enforce an action on my properties.
My argument is that according to regulation 39(1)(a) of The Criminal Legal Aid (Contribution Orders) Regulations 2013:
39.—(1) An individual whom the Director has determined is liable to make a payment may apply to the Director for a review of the determination, on the grounds that—
(a) there has been a miscalculation of the individual’s income or capital or the cost of representation;
and according regualtion 39- (3)(b) I have the right to submit an application to review the determination within 28 days.
By sending a capital contribution letter to a wrong address they precluded my right to appeal within 28 days.
My case did not go to trial as I pleaded guilty in advance. There were no experts involved and 90% of the time I was in touch with my solicitor and barrister via email and phone call. For this reason I strongly believe that there was a miscalculation of the legal fees submitted to Legal Aid.
I have already requested my solicitor to send me a breakdown of their costs. Also, I have already submitted a Subject Access Request to Legal Aid.
I just want to pay the right a fair amount and 28 days can make the difference for me to investigate into my solicitor's costs and organise my finance.
However, now there is an Order for recovery of Award and I never received any request of payment via letter so far.
Any help is really appreciated
thank you
I received an Order for recovery of Award which is for a capital contribution order.
The debt collector on behalf of Legal Aid, sent this 50k capital contribution order letter to the wrong address. Therefore I never received a request of payment.
The debt collector when on and submitted an application for an Order for recovery of Award. Now they can enforce an action on my properties.
My argument is that according to regulation 39(1)(a) of The Criminal Legal Aid (Contribution Orders) Regulations 2013:
39.—(1) An individual whom the Director has determined is liable to make a payment may apply to the Director for a review of the determination, on the grounds that—
(a) there has been a miscalculation of the individual’s income or capital or the cost of representation;
and according regualtion 39- (3)(b) I have the right to submit an application to review the determination within 28 days.
By sending a capital contribution letter to a wrong address they precluded my right to appeal within 28 days.
My case did not go to trial as I pleaded guilty in advance. There were no experts involved and 90% of the time I was in touch with my solicitor and barrister via email and phone call. For this reason I strongly believe that there was a miscalculation of the legal fees submitted to Legal Aid.
I have already requested my solicitor to send me a breakdown of their costs. Also, I have already submitted a Subject Access Request to Legal Aid.
I just want to pay the right a fair amount and 28 days can make the difference for me to investigate into my solicitor's costs and organise my finance.
However, now there is an Order for recovery of Award and I never received any request of payment via letter so far.
Any help is really appreciated
thank you
