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Jo C.
Jo C., Barrister
Category: Law
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My son in law has been turned down for legal aid, he is not

Customer Question

My son in law has been turned down for legal aid, he is not in work and they are demanding £6500 from my daughter by 28th November, they have a child and can not genuinely afford this sort of money but have today been informed that non payment will incur a penalty of 6% per month until payment has been sent. There surely must be some sort of leeway can you please help.
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.
You can appeal the decision of the LAS. sometimes it is successful and sometimes not.
They do not usually demand payments in advance. Usually they allow you to pay monthly.
However, I know that they do apply surcharges.
His solicitor should have appealed it when legal aid was refused if that was an issue.
The only other alternative is to proceed without representation. If this is a Crown Court matte then a Judge is not likely to like that and may well suggest an appeal.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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Customer: replied 2 years ago.

Thank you for your answer, it still does not address the fact that they really can't afford to pay this sort of money. Are they able to reclaim any money if they can prove hardship even after they have paid the first month's demand. Their solicitor as far as I'm aware has told them to re-submit the forms and they have been told by LAS that it is to late to review their situation.

Expert:  Jo C. replied 2 years ago.

No, but there are no magic wands I'm afraid. Whether it can be afforded comfortably or not, it is due unless you appeal.

I do understand. It is very unfair. But that is not a defence per se.

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