Rossendales and capital contribution order

[poppymad]

in 2011 my husband was charged with an offence,he was awarded legal aid and was convicted in Dec 2012. In Dec 2013 he received a capital contribution order from Rossendales for the sum of £1867.48. The only 'disposable' capital as stated in the order is the equity in our house and this minus the allowed £30,000 is calculated as £9472.
I have contacted the Legal Aid Agency stating that when my husband was in court he was charged with a section 4 offence along with a section 31 offence which added a racial/religious element to the above section 4. My husband had admitted the section 4 offence from when he was first charged but this was repeatedly rejected by the CPS so his case went from magistrates court to crown court which took 16 months to come to trial. At each hearing -4 in total and during correspondence between my solicitor and the CPS his guilty plea was put forward but rejected to push forward with the racial element making the offence more serious.
When his case eventually came to trial the judge was amazed that with no evidence the CPS had pushed the extra racial charge to trial when the matter could have been sorted much earlier in proceedings as he had admitted the original offence. The judge on sentencing (a £1200 fine) stated that due to the time wasting by the CPS and the extra costs incurred he was minded to order the CPS to pay the costs. At this point my barrister stated that this was not relevant as his client (my husband) was receiving legal aid.
However now my husband has received this contribution order the judges comments are indeed VERY relevant!!
If any of you legal brains out there can help me with this i would be so grateful and i thank you in advance.

[bluebottle]

Re: Rossendales and capital contribution order

Hi and welcome to Legal Beagles. Being a retired policeman, I am amazed the judge at the Crown Court didn't threaten to have Counsel for the Prosecution taken out to a place of lawful execution and hung by the neck.

The first thing you need to do is get a legal professional involved. This is not something you should attempt to handle on your own. This needs competent professional advice and assistance. If you are on a limited income, you could approach the National Pro Bono Centre for assistance. The reason I am advocating the involvement of a legal professional is because of what happened.

I doubt Rossendales will be interested in the legal complexities and shenanigans of the CPS, but the matter does need chasing with the Legal Aid Board and they need to be asked why they are chasing you and your husband for something that the CPS were responsible, due to their stupidity. There may also be issues relating to your husband's rights under ECHR and the Human Rights Act 1998 involved, which is another reason for speaking to a legal professional.

Hope this helps.

[ploddertom]

Re: Rossendales and capital contribution order

I assume this is from Rossendales Collect?

[poppymad]

Re: Rossendales and capital contribution order

Thank you Bluebottle. I just wish this judge had been at one of the previous hearings then common sense may have prevailed. I have been in touch with the solicitor who provided the legal aid but his silence has been deafening!!! I will take your advice and seek some other legal help. I have just been in touch with the Legal Aid Agency again and have referred them to Regulation 21 of The Criminal Defence Service (Contribution Orders) Regulations 2009 which states that this applies where the individual is convicted in criminal proceedings of one or more, but not all, offences. As was the case in my husbands trial. Im literally just trying to get them to back off while i get some help.
In answer to the other question yes its Rossendales collect i believe.

[bluebottle]

Re: Rossendales and capital contribution order

Thank you Bluebottle. I just wish this judge had been at one of the previous hearings then common sense may have prevailed. I have been in touch with the solicitor who provided the legal aid but his silence has been deafening!!! I will take your advice and seek some other legal help. I have just been in touch with the Legal Aid Agency again and have referred them to Regulation 21 of The Criminal Defence Service (Contribution Orders) Regulations 2009 which states that this applies where the individual is convicted in criminal proceedings of one or more, but not all, offences. As was the case in my husbands trial. Im literally just trying to get them to back off while i get some help.
In answer to the other question yes its Rossendales collect i believe.

Hi Poppymad,

It is clear from what you have said in your initial post that CPS has behaved like idiots. Your solicitor also needs to start talking to you. There is a possibility your husband's rights under Article 6 of ECHR (Right to A Fair Hearing) were violated by CPS's actions. Convention rights under ECHR are inalienable and inviolate. If it does prove they were violated, the CPS, as a public authority, could be deemed to have acted unlawfully under Section 6, Human Rights Act 1998. This is why you need to speak to a legal professional.

I have to commend the judge at the Crown Court and I can understand their anger that so much time and taxpayers' money was wasted by CPS behaving like buffoons. Natural justice dictates that the Crown should bear the cost of the hearings and your husband's Legal Aid due to the shenanigans of CPS.

At this stage, I would recommend you seek legal advice as to what options are open to you and your husband before tackling the Legal Aid Board and Rossendales Collect again.

[bizzybob]

Re: Rossendales and capital contribution order

Rossendales collect are the debt collecting arm and are NOT bailiffs if they indeed misrepresent themselves as such they are in the soup.

[poppymad]

Re: Rossendales and capital contribution order

Thankyou bizzybob, they are representatives of the LAA all contribution orders are passed to them to enforce apparently. Bluebottle ...should i just inform the LAA that i am going to seek legal advice in the hope they will call off Rossendales to give me time to get representation? thanks all

[bluebottle]

Re: Rossendales and capital contribution order

Thankyou bizzybob, they are representatives of the LAA all contribution orders are passed to them to enforce apparently. Bluebottle ...should i just inform the LAA that i am going to seek legal advice in the hope they will call off Rossendales to give me time to get representation? thanks all

Poppymad,

Yes. It would be a good idea to contact the LAA and inform them you are seeking legal advice. Ask for an email address so that you can confirm any telephone call. Do the same with Rossendales Collect. If either of them ask the reason, I would suggest restricting your answer to ascertaining your legal rights with regard to the Capital Contribution Order, given the conduct of CPS and remarks by the trial judge. Do not elaborate any further than that and do not engage in any arguments with them. Simply repeat that you are seeking legal advice and will get back to them once that has been done.

Hope this helps.

Bluebottle

[poppymad]

Re: Rossendales and capital contribution order

Poppymad,

Yes. It would be a good idea to contact the LAA and inform them you are seeking legal advice. Ask for an email address so that you can confirm any telephone call. Do the same with Rossendales Collect. If either of them ask the reason, I would suggest restricting your answer to ascertaining your legal rights with regard to the Capital Contribution Order, given the conduct of CPS and remarks by the trial judge. Do not elaborate any further than that and do not engage in any arguments with them. Simply repeat that you are seeking legal advice and will get back to them once that has been done.

Hope this helps.

Bluebottle

Bluebottle
Thank you for your very helpful advise.

[CleverClogs]

Re: Rossendales and capital contribution order

If you are on a limited income, you could approach the National Pro Bono Centre for assistance.

See below.

[ploddertom]

Re: Rossendales and capital contribution order

As said in another post Rossendales Collect are just Debt Collectors and have no "super powers" beyond writing, telephoning or visiting you. They are easily dealt with by advising them that the second word you use will be off. They will eventually hand it back to whoever instruted them in the first place.

I live in a very out of the way place and in the past when a DCA has visited I tell them to return from whence they came by going via Points A, B & C as the scenery is much better.

[poppymad]

Re: Rossendales and capital contribution order

just a quick update. I have heard back from my solicitor who conducted my husband's defense and he is making contact with the barrister who represented him at his trial hoping that he can shed some light on the judge's comments. I have informed the legal aid agency that i am seeking legal advice about my liability to pay the contribution order and to ask that they ask Rossendales to give me more time but they say my husbands case is concluded, has been referred to Rossendales and i should not contact the agency about the matter again!!! I now have enforcement letters from Rossendales giving me until today (29th) to pay,interest is being added and costs of enforcement will now be added.:tinysmile_cry_t:

[bluebottle]

Re: Rossendales and capital contribution order

Poppymad,

The LAA and Rossendales Collect are coming close to a course of conduct amounting to harassment. If the LAA and Rossendales Collect have been told that legal advice is being sought regarding liability to pay the order due to the antics of CPS and the trial judge's comments, they should not be responding in the arrogant and couldn't-care-less manner they are clearly displaying.

What would be a turn-up for the books is if it transpires the order should never have been made in the first place and Rossendales are sent packing with their tails between their legs.

[poppymad]

Re: Rossendales and capital contribution order

Poppymad,

The LAA and Rossendales Collect are coming close to a course of conduct amounting to harassment. If the LAA and Rossendales Collect have been told that legal advice is being sought regarding liability to pay the order due to the antics of CPS and the trial judge's comments, they should not be responding in the arrogant and couldn't-care-less manner they are clearly displaying.

What would be a turn-up for the books is if it transpires the order should never have been made in the first place and Rossendales are sent packing with their tails between their legs.

That would indeed be a welcome outcome!!! Legal aid despite never sending me out the original order have literally wiped their hands and say all communication MUST go to Rossendales. I have now sent them all copies of correspondence i have sent to the LLA and am awaiting a response. They are sending letters daily now. The LLA will not even furnish me with the calculation used in assessing the equity in our property saying only that Rossendales have acquired the figures from the land registry and experian credit agency!!

[bluebottle]

Re: Rossendales and capital contribution order

Poppymad,

Let your legal advisers know about this. What the hell is a government body doing allowing a wunch of bankers like Rossendales Collect do calculations for what is, effectively, a statutory order?