Defeated Rossendales!

[bigbadg]

Having a problem with these guys. Basically I went to court last December and pleaded guilty to a charge, got accepted for legal aid but all of a sudden out of no where, I have a letter from rossendales saying I owe them £1500 capital contribution. They say the equity on my partners house, not my house, I'm not on the mortgage/deeds, is over 50k, which it is not and because I listed her as my partner on the court forms they can take the money off her. If they send the baliffs round what chance will I have, as I will take this all the way, they can fuk right off.

[bigbadg]

Rossendales

Having a problem with these guys. Basically I went to court last December and pleaded guilty to a charge, got accepted for legal aid but all of a sudden out of no where, I have a letter from rossendales saying I owe them £1500 capital contribution. They say the equity on my partners house, not my house, I'm not on the mortgage/deeds, is over 50k, which it is not and because I listed her as my partner on the court forms they can take the money off her. If they send the baliffs round what chance will I have, as I will take this all the way, they can fuk right off. I told them they can recalculate the quit for starters, as they say my partners house is worth 112k, which it is not, we paid 90 for it 3 yrs ago, and they say she has a 55k mortgage, when it is 65k, they have got that valuation from zoopla IMO as that's what zoopla says, are they full of shit, can they really take money from my partner? Would this effect my credit if I did not pay? Many thanks

[Kati]

Re: Rossendales

Bailiffs can take luxury items - eg a TV or games console.

They can’t take:
things you need - eg your clothes, cooker, fridge, furniture or work tools
someone else’s belongings - eg your partner’s computer

As your name is not on the mortgage or deeds of the house, the bailiffs should not be able to take them. Your partner has proof of ownership via these documents, but your partner should go to your local court and sign a statutory declaration as a precaution (costs approx. £5)

Could you tell us what this debt is for?? Scan (or type out) copies of the letters from Rossendales, removing all personal/identifying details. I'm sure other Beagles will be along to help shortly :tinysmile_grin_t:

Kati

You’ll have to prove that someone else’s goods don’t belong to you.

[Kati]

Re: Rossendales

Hi bigbadg, I've put an answer on your other thread ( http://www.legalbeagles.info/forums/...62-Rossendales ) - As I said on there, I'm sure other Beagles will be along with advice soon!

Kati

[Amethyst]

Re: Rossendales

You haven't had any notice at all prior to the letter from Rossendales ? Nothing from your solicitor at all?

Anyway if this is your first letter from Rossendales you should have 28 days to come to an arrangement to pay the £1500.

It is your client’s responsibility to make the payment and we would strongly suggest your client is made aware of potential liability.
Capital Contribution Orders are issued on our behalf by collection and enforcement contractor, Rossendales Ltd.

It normally takes around six months from the end of the case for the order to be issued as we have to allow:

• Three months for submission of your bills
• Eight weeks for processing and resolution of appeals

Payment timescales

Payment needs to be made within 28 days of the order. Reasonable arrangements can be agreed with Rossendales.
If payment is not made interest will be charged at 6% – enforcement action may follow.
The costs of any action will be added to the amount clients owe.
Enforcement options

These include but are not limited to:

• charging order secured against any property owned
• 8% interest on charging orders
• Visit to client’s home to seize goods to value of order
• third party debt order against any money deposited in an account
• attachment of earnings order

Money recovered will be returned to the legal aid fund.

[Wombats]

Re: Rossendales

Not sure if this is from the same source as Amethyst above, but it tells you everything you need to know:

https://www.justice.gov.uk/legal-aid...ibution-orders

It is perfectly acceptable for your partner's income and assets to be taken into account in normal circumstances. I know this is probably not what you want to hear, but it looks like your best bet would be to try to come to a repayment arrangement with Rossendales.

The enforcement options available to Rossendales are as follows:

• charging order secured against any property owned
• 8% interest on charging orders
• Visit to client’s home to seize goods to value of order
• third party debt order against any money deposited in an account
• attachment of earnings order

[wales01man]

Re: Rossendales

A partners income is used in calculating benefits may be the same in this case.
Have to wonder if the OPs partner is not named on the order the Bailiff is enforcing for payment

[bigbadg]

Re: Rossendales

Bailiffs can take luxury items - eg a TV or games console.

They can’t take:
things you need - eg your clothes, cooker, fridge, furniture or work tools
someone else’s belongings - eg your partner’s computer

As your name is not on the mortgage or deeds of the house, the bailiffs should not be able to take them. Your partner has proof of ownership via these documents, but your partner should go to your local court and sign a statutory declaration as a precaution (costs approx. £5)

Could you tell us what this debt is for?? Scan (or type out) copies of the letters from Rossendales, removing all personal/identifying details. I'm sure other Beagles will be along to help shortly :tinysmile_grin_t:

Kati

You’ll have to prove that someone else’s goods don’t belong to you.

Thanks for the reply Kati,

Basically they have calculated the value of my partners house as £112k, which I assume they got from zoopla as that's what they value the house, which is incorrect as my partner paid £90k for for it 3 yrs ago and houses in my street don't rise to that much no way. They also say her mortgage is 55k, when she put 22k down on a 90k mortgage 3yrs ago, so no way has it gone from 68k to 55k in 3 yrs. So they have worked out what I owe towards capital contribution from my court case through my partners equity.

So for starters they need to re-calculate what I owe, as they have calculated my partners equity completely wrong.

I will have to get a copy of the letter from my solicitor as I handed it in to them, I will then upload it for you to see.

All I want to know is can they take any of my partners money or her house etc

I don't know how they expect me to pay £1500 when I work part time, have a 2 yr old and my partner works part time in sainsburys and we are on working tax credits, and of course have bills to pay.

Also would this effect our credit if I didn't pay nothing, as I have gd credit.

many thanks,
Gareth

[bigbadg]

Rossendales Enforcement threat

Hi there,
These 2 letter have come from Rossendales this morning. They are claiming I owe legal aid costs, when I originally appplied I have a letter confirming no legal costs were to be paid from me as i was out of work. They are now saying because my partner has equity in her house that i should be paying a capital contribution.

All i want to know is, if i do not pay this payment, can they take anything off my partner. I am not on the mortgage or deeds of the house, do they have any rights to take anything off her. They have also calculated the equity completely wrong but thats another thing.

I have attached 2 letters sent today.

[bluebottle]

Re: Rossendales Enforcement threat

Who was the letter from informing you that you did not have to pay? Also, is the relationship between yourself and your partner a registered civil partnership or, simply, co-habitation?

[bigbadg]

Re: Rossendales Enforcement threat

Who was the letter from informing you that you did not have to pay? Also, is the relationship between yourself and your partner a registered civil partnership or, simply, co-habitation?

Hi,

She is basically my girlfriend, no documented evidence, I am not on the deeds or mortgage, and they are basically saying her money is my money, and they have calculated I owe them £1500 from the equity of the house.

the thing with that is they say the house is worth £112k, which it is not, and her mortgage is 55k when it is 64k. I told them they need to re-calculate the equity before I even consider paying the payment. What rights do I have? How can they just pick numbers out of the sky and say I have to pay £1500.

the payment is apparently going towards my legal aid costs from when I was in court, and I have to pay a capital contribution. I do not have that sort of money, so what can I do? The only thing I'm worried about is them taking anything from my partner.

[bluebottle]

Re: Rossendales Enforcement threat

Okay. That answers the relationship issue. Who told you you did not have to pay?

[bigbadg]

Re: Rossendales Enforcement threat

When my solicitor applied for legal aid, they granted it and said I had to pay nothing. We have the letter of this, but all of a sudden I'm getting a letter from Rossendales saying I have to pay a capital contribution because I pleaded guilty to the crime. No one has actually said I don't have to pay, it looks like I have to pay something, or why would they be threatening to send the boys round.

I'm just worried they'll take stuff off my partner. They also need to re-calculate what I owe as they have picked numbers from the sky, baffling how hey can do this, how on gods earth would they know how much her mortgage is.

[bluebottle]

Re: Rossendales Enforcement threat

If the letter saying you didn't have to pay anything came from the LAA, you need to contact them directly and ask what is going on. Also, ask what legislation they are relying on to demand payment from you.

I would also be inclined to send a courtesy letter to Rossendales informing them that you are pursuing the matter directly with the LAA as they appear to be contradicting what you were advised previously.

[bigbadg]

Re: Rossendales Enforcement threat

Ok I will do that, thanks.