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Capital contribution order from Marston after trial ended - Huge Bill!

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  • Capital contribution order from Marston after trial ended - Huge Bill!

    Yesterday I received a Capital contribution order letters from Marston.

    This is after me and my husband (who is in prison right now & until apr 25) were convicted in crown court over six months ago. He was initially arrested in May 2020 and then was on bail until Sept 2023. The trial was at the end of Sept 2023 where he was taken to custody directly from court.

    The letter is regarding the legal aid costs. Me and My husband both had separate solicitors who in my opinion hardly did much work. The breakdown of the cost given on the letter is as following

    For my case - Total over £81,000 (approx)
    Barrister £21k & solicitor £60k

    For my husband's case - Total - over £40000 (approx)
    Barrister £20k & solicitor £20k

    From solicitors, we were always told that the legal aid is free because our income is low. We were never made aware that there would be this huge bill due to us owning the property that we live in. I just had a call with my husband's solicitor and she still was confused why we received this invoice so clearly she had no knowledge about this and hence never explained it to us.

    How is it possible that the bill for the solicitor who did more work is less compared to the one hardly did any work for us? Is there anything I can do about this on the basis of them not making us aware of this cost. I might have taken a different approach if I had been made aware that this would end up costing more than a private solicitor.

    Is there anything that can be done about? I am so stressed out right now that I am unable to think properly and do the normal work as my mind cannot think anything else other than this.
    Tags: None

  • #2
    Hi John12111

    Welcome to LB

    In a 'nutshell' what was the case about?

    Your solicitor should have carried out an assessment as to whether you were entitled to Legal Aid.

    You need to complain to your solicitor / firm in writing, follow the complaints procedure on their website.

    Once you get a response, if you aren't happy, complain to the Legal Ombudsman Service.

    https://www.legalombudsman.org.uk/

    Comment


    • #3
      Originally posted by echat11 View Post
      Hi John12111

      Welcome to LB

      Firstly, in a 'nutshell' what was the case about?

      Your solicitor should have carried out an assessment as to whether you were entitled to Legal Aid.

      You need to complain to your solicitor / firm in writing, follow the complaints procedure on their website.

      Once you get a response, if you aren't happy, complain to the Legal Ombudsman Service.

      https://www.legalombudsman.org.uk/
      The case was about POCA

      They did carry out an assessment and due to our low income we were eligible for the legal aid.

      They never once mentioned that there will be a huge invoice after the case is finished.
      Last edited by john12111; 28th June 2024, 12:10:PM.

      Comment


      • #4
        Then you should complain: first to the solicitors, and if need be after that to the Solicitors Regulation Authority.

        POCA, for those who may not know, is the Proceeds of Crime Act.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by john12111 View Post

          The case was about POCA

          They did carry out an assessment and due to our low income we were eligible for the legal aid.

          They never once mentioned that there will be a huge invoice after the case is finished.
          Yes, they carried out an assessment, but the eligibility criteria is clear and they seemed to have missed 'your property'.

          Comment


          • #6
            Originally posted by echat11 View Post

            Yes, they carried out an assessment, but the eligibility criteria is clear and they seemed to have missed 'your property'.
            I see, so if they had done the assessment properly then they should have told us at that time the consequences of going with legal aid? Is the complaint with solicitors and SRA the only option?

            Comment


            • #7
              Originally posted by john12111 View Post

              I see, so if they had done the assessment properly then they should have told us at that time the consequences of going with legal aid? Is the complaint with solicitors and SRA the only option?
              The 'consequences' has occurred because, as you stated in your initial post, they didn't take into account your 'property' (the solicitors seemed unaware of the property being part of the 'Legal Aid' criteria).

              You can also complain to the Legal Ombudsman Service.

              Comment

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