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Hi!
First post here so here goes.
My wife and I separated almost 12 months ago and things have gone from bad to worse. I have had no contact with my 2 children since February this year.
I have had a solicitor acting on my behalf who is next to useless in my opinion. I think this is down to the fact that I have been a legal aid client!!
We applied for the funding to progress things to court in March but the Legal Aid people cocked up the figures and said I was over the threshold. I did a challenge to the assessment and have just heard today that I am still over the threshold by about £150 per month.
This is because the CSA are failing to take any payments from my bank. If they were taking the £200 per month that they are supposed to take this would put me under the Legal Aid threshold.
I have been advised by the legal aid people to make a new application once the CSA are taking payments which will put me under the threshold.
My solicitor has advised that I am not permitted to reapply as new applications closed in April. This was what I thought too but the legal aid people say applications can still be made.......it is the acceptance criteria that has changed!
Is my solicitor trying to get rid of me or is she incompetent?
Can someone please explain if I can reapply or not! I have spoken with the CSA who say payments will start next Friday!
Hope this makes sense
As far as I am aware ALL applications had to be made by 1 April 2013. I think the date extended to all had to have been dated 01.04.2013 but received by 08.04.13. I am not aware that new legal aid challenges can be made post 01.04.13.. I would continue to challenge your existing application, if they continue to state you can re-apply, ask them to put that in writing.
Oh BTW as far as legal aid solicitors are concerned...please don't think too badly some of us worked for them..and they really are not that bad, just the legal aid cuts make everybody bitter!
A lot of legal aid solicitors I know work for clients..not the legal aid system!
...Your loyalty is to be applauded but I have to say that it hasnt been uncommon for members to comment on the less than competent behaviour of their solicitors where LA was concerned. 🙁 My own son had a bad experience having been taunted by his solicitor about the Legal Aid reforms and the fact that after they came into effect he wouldnt be eligible... he sacked her!
They may be allowing you to reapply on the back of your existing application because it was an administrative error....However, I am doubtful because even though the CSA were supposed to take the money they didnt, so up until April your actual income was over the threshhold. I cant see them taking the CSA payments into account as they hadnt come into effect. Hope I'm wrong! 🙂
Give the Legal Aid Agency a call and ask for clarification is my advice. This link has some contact info -
www.justice.gov.uk/contacts/legal-aid-agency
🙂 I guess I am loyal, I have been very lucky, that the firms I worked for strongly believed in legal aid for clients NJ- as did I, and still do! .I am sorry to hear that there are many that say differently, had hard times and in particular your son! That is not appropriate behaviour for a solicitor!
As I said Lincs, I really believe you should get it in writing, the LSC are cutting centres and staff too, and I don't think you get the service from them you used to either! I could spend half an hour on the phone just waiting to speak to someone!
..Yes, if you can speak to someone and get clarification you could then ask them to put it in writing. 🙂
Hi all and thanks for the replies
Been on the phone for hours to both CSA and Legal Aid people.
The upshot is if I can get the CSA to send me a letter saying that I was liable fo pay the amount prior to the date of my application I 'should' be ok and the legal aid 'should' be awarded.
CSA have said a letter is coming out in the next few days saying I was liable for payments from mid February so hopefully, fingers crossed I should be ok!!
Still won't believe it until I see it though!!
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