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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Hi I am paying a poca order at the moment, and not knowing

Resolved Question:

Hi
I am paying a poca order at the moment, and not knowing much about it have started to read up on it, it says if you can prove all your income then they cant have it, Even the FI on there S16 say its from a legitimate source, so why are they taking my money
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Obviously there could be a large number of reasons. The most likely one is that the Court has determined that it is of the view that you cannot prove all of your income.
They just have to show that you have funds that amount to tainted cash or its current embodiment.
The issue is not whether you can prove your income now. The issue is whether or not you can prove you have no tainted funds or assets.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I have no tainted funds or assets, I wasn't even given a restraint order. I was told in court by a barrister not to bother contesting it as he had heard a tape of me in the trial and I didn't come across very good, I have a booklet about 4 inches thick proving all my income, is it possible I can appeal this

Expert:  Jo C. replied 2 years ago.
Yes, you can appeal.
If you didn't contest it at the time then that is not the best basis for an appeal I'm afraid. it is like appealing a guilty plea.
But there is a route of appeal.
Customer: replied 2 years ago.

what is the route of appeal,

Expert:  Jo C. replied 2 years ago.
It is just a normal appeal to the Court of Appeal.
you need to seek leave. If you are not in time then you will have to make an appeal out of time which might be refused on that basis alone. It depends on the merits. Usually they will not refuse a meritorious appeal.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
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