Rossendales and enforcement fees that raise for no reason

[vok]

Hi,
I wonder if someone can help on this matter. thanks.

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. The argument was that the CCO was miscalculated.

January 2018 - The High Court order 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 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 as I succeded my claim.

31 August 2018 - Rossendales sent me another variation of the CCO for £41003.63. This time Rossendales raised the enforcement costs to £1878.50
The amount of the CCO is still £39567. Rosseldales just added more fees.

I understand the initial enforcement costs of £362.50 for the application of the Charging Order in October 2017.
But after they secured their credit with the charging order 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 raised fees to £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)?
There was no other 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 opinion on the best way to proceed.

I really hope that someone can help me.

Thank you very much

[zeke]

If the enforcement did not take place then the fees cannot be recovered by a charging order. They can only be recovered by taking control of the debtor's goods and selling them if the enforcement power is still in effect.

Regulation 4 of the Taking Control of Goods (Fees) Regulations 2014.

I'm not entirely sure how to raise a dispute on a charging order then the sum charged or recovered from the sale of the property is greater than the amount on the charging order.

[vok]

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

[Syd Snitkin]

Can you provide us with the full breakdown?

[vok]

Hi,
They did not send me a full breakdown. They stated in the letter that £1878.50 is for cover their costs for legal advice and representation in Court.
Please see attachments.
I wonder if I should make the Court aware of that and also if I should write to the Solicitors Regulation Authority.

Thank you very much for your help

[Syd Snitkin]

They can charge for any statutory fees and anything awarded in court. They seem to be trying it on. You've sent the email
I assume? I'd complain everywhere I could. It costs nothing and will show them up.

[vok]

Yes I sent the email already. I will write to the Court too. They can not circumvent a Court Order.
I will also write to the Solicitors Regulation Authority.