Rossendales - enforcement fees for no action

[vok73]

Hi,

I wonder if someone can help on this matter.

October 2017 - I received a Capital COntribution Order (CCO) for £52968.06 to repay to Legal Aid Agency (LAA).
In this case Rossendales claimed £362.50 as enforcement costs and other fees for a Charging Order thay they put on my property.

December 2017 - I lodged a Judicial Review as litigant in person against Legal Aid Agency. The argument was that the CCO was miscalculated.

Jannuary 2018 - The High Court ordered LAA to recalculate the CCO within 3 months.

May 2018 - LAA admitted the miscalculation and issued a variation of the CCO for £39567. This time Rossendales
raised the enforcement costs and other fees to £442.50.

21 August 2018 - I contacted Rossedales in order to arrange a payment plan.

29 August - The High Court ordered LAA to pay my costs for the persuance of Judical Review.

31 August 2018 - Out of the blue, Rossendales sent me another variation of the CCO for £41003.63. This time Rossendales raised the enforcement costs to £1878.50.
Basically, the amount of the CCO did not changed (£39567). Rosseldales just added more fees.


I understand the initial enforcement costs of £362.50 for the application of the Charging Order. But after they secured their credit there was not action anymore in terms of enforcement.
I lodged my Judicial Review and succeded in that.They sent me a new CCO and applied fees for £442.50.
After contacting them on 21 august to arrange a payment plan they raised again the enforcement fees to £1878.50.

Which enforcement fees they are talking about if the only enforcement action took place on October 2017( 11 months ago) for the Charging Order?
There was no enforcement action from Oct 2017 up to date especially when I succeded with my Judicial Review.

I intend to make some objections to this fees but I need some advice or opinions on the best way to proceed.

I really hope that someone can help me.

Thank you very much

[ploddertom]

Have you asked for a breakdown of these "fees"? Are you sure they are acting as enforcement officers and not purely as a debt collector?

[vok73]

Hi,

I requested a breakdown this morning.

I am not sure in which way they are acting. The letter states "enforcement costs and othe fees". However, they secured a final charging Order on my property for 52k in October 2017 and charged enforcement fees for £362.50. ( they charged Court fee £44, solicitor's costs £75, application £110 and the rest is unknown).

After that, I succeded my Judical Review claim and there was not enforcement action of debt collector activity since then. However, on 19 July 2018 when they reduced the CCO they raised the fees to £442.50.

43 days later they raised the enforcement fees again to £1878.50.

Again, there was no enforcement action nor debt collect activity due to the charging Order and during the period of the Judicial review Dec 2017 to July 2018.

If you win your case, how do you end up to pay enforcement costs and othe fees for £1878.50?

Thank you very much for your support

[ploddertom]

Normally in cases like these Rossendales use the debt collecting arm to do these. Before then were bought out by Marstons the letters themselves would come from Rossendales Collect but am now unsure of what process they use.

[vok73]

I am not sure to understand. In this case there was no debt collecting activity. They secured a charging order on my property 11 months ago and chardged £362.5 for enforcment costs. and then nothing since then. I won my claim at the high court. They recalculated the COO and charged enforcement costs and other fees for £1878.50. Does it make sense?

Thank you

[ploddertom]

Until you get an explanation of the fees charged it is nigh on impossible to move forward. If Rossendales were acting as Debt Collectors then they should not be adding fees as they get paid by the Legal Aid Agency. If someone has a charging order on your property then you should have a look at the Land Registry site to see who has done it.

[vok73]

Hi,

the charging order application was submitted by moonbeever solicitor on behalf of Rossendales. I have a copy of that.

Thank you

[vok73]

Hi,
I have received the breakdown of the enforcement fees(£1878.50) claimed by Rossendales.
Rossedales stated in the letter that this sum is to cover their costs for legal advice and representation in Court.

Last May I took Rossendales to Court in an attempt to stop a Charging Order to be made final. My claim was dismissed.
Rossendales' solicitor claimed £1400 as total costs. The Court considered this amount excessive and ordered that I should pay a lower amount, that was £800.

Since then there was not enforcement action by Rossendales or any sort of legal action simply because there is still a Charging Order on my property.

I am incline to think that Rossendales is trying to claim the rest of the money that the Court considered excessive. This sounds like an attempt to circumvent a Court Order.
I requested to Rossendales to cancel this request and sent to them copy of the Court Order.

Do you think I should make the Court aware of that? Should I write to the Solicitors Regulation Authority?

Thank you very much

[ploddertom]

As said at the beginning I believed these to be as a result of Rossendales acting as a debt collector and not as Enforcement Agents. If it is all as a result of the costs of obtaining a charging order then this is what they should be asking for. I was also under the impression that these costs would be added to the CCO and if an Ordder for Sale was made they would get paid then. I assume you have no intention of selling voluntarily.

[vok73]

Just to clarify.
There was no debt collecting activitiy because Rossendales pursed an enforcement action resulting in a Charging Order. I tried to stop the charging order but was unsuccessful. The Court ordered that I should pay Rossendales legal costs, which I did, but for a lower amount. That is a Order from the Court. Now rossendales is claiming again this legal costs directly to me. If the Court reduced these costs and I paid for that already, I think Rossendales is trying to circumvent the Court Order? Should not be the Court informed about that?
I hope that clarify my reason of my question.
thank you very much

[ploddertom]

What I have been trying to get across is that they have not been acting as Enforcement Agents but as Debt Collectors.

[vok73]

Hi,

Please see attachment ( their letter and my reply email)

I think understand your point. However, what I am trying to say is that they have been acting only as Enforcement Agent. There was no debt collectors action because with a Charging Order (as result of the enforcement action) they secured the credit for the Legal Aid Agency. So, what would be the point, after that, to chase someone for a payment as in a normal debt collection procedure? I have not recevied any reminder letters for payment either.
Also I never entered in any payment plan agreement.
The only costs they had were for the Enforcement action, for which I have alredy paid according to the Court Order.

Thank you