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  1. Hello , I was hoping someone could give me some Advice? -Partner Got in trouble in Jan 2011with police , which led to magistrates court and the crown . He was granted legal aid. Eventually sentenced and found Guilty in Dec 2012. our relationship went down the pan years ago, and he eventually got his own Flat in Aug 2011 after living with sister for about a month and a half . Since 2008 I have been paying mortgage and all bills ( I can prove this and he does'nt deny this!) Received a letter about 2 weeks ago dated 7/08/2012 From Rossendales , A Capital Contribution Order. Dear Mr..... Following your conviction in the crown court , you are required to pay a contribution to the cost of your defence representation The amount you are required to pay £2,286.61 This amount must be paid within 28 days of this order-04/09/2012. The legal services commision, who paid the cost of your defence, has the power to make this capital contribution order under the criminal defence (contribution order)regulations 2009. Rossendales ltd is contracted by the legal services commission to collect and if necessary enforce payment of this amount. Errm... * He got Legal aid? * never Received any letters or anything saying he had to pay this before , ( the court case finished beginning of Dec 20110) 8months ago! letter from rossendales - first notification. Aparrently If you have savings or equity up to £30k. Anything over the £30k threshold you may have to pay a certain amount, if found guilty at crown court- news to us he has no savings and is on ESA. the only equity is the Joint mortgage he has with me , and they're saying that after the mortgage thats outstanding and the value of the house this leaves £48k, worth of equity , then take the £30k away leaves £18 which they call disposable capital?. My arguements as follows: Ive have not got a perfect credit history - and Know a little about CCJ ,Charging Orders. Now I have a debt ( not mine , Long story, can see my other posts for that) - got the interim charging order then the final . Ended up with a notice of restriction against land. this is against me and "is expressed to charge the share and property and interest of Me. not my Ex Joint mortgage holder." my thought is sole named debts go on the persons share of the Mortgage? county courts recognise a 50/50 share with joint Mortgages ? When phoning Rossendales and informing them my Ex has not got £48k in equity , Because the house is mine as well, 48 divided by 2 = £24k in equity each. which then means Ex is under the £30k threshold , ( you only start to pay something after the £30k threshold .) at first the lady agreed - but when she spoke to her manager the 50/50 share on a joint mortgage does not apply and they have calculated the amount owing of any capital or equity in property and includes an allowance of £30k. I hope im not rambling on , and hope you understand Had no letter to say had not got legal aid or to say or there was a problem first letter informing him that there was money to be paid sent by bailiff and only giving 28 days ,to pay and 8 months after the case finished If he doesnt pay this it will lead to a charging order or our property - now if thats the case that a county court judgement, Charging order. A debt in a sole name, would be against thats person share in a property . Then how could the original calculation of the debt not take in to account that this house is half mine,and my Ex does'nt have all the equity or capital they say... oh someone please tell me where i stand with this , solicitor said this is the first they've heard of this , and cant really tell me anything more. I Know rossendales they will be here on the dot on the 4/09 and im scared stiff for me and my son.. Sorry about spelling, Grammar ,I'm a little worked up at the Minute. I guess what I'm asking is; That if a debt in a sole name is dealt with by a county court and it's also recognised that there is a joint mortgage ( someone else has a share if you like ) and that any judgement made would be against the Debtors share. Why does'nt that apply when the courts and legal services dept are calculating equity or capital someone has ( that some one else has a share in that property) and that they have equity and capital in that property also ?
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