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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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I hope you can assist as this decision was made by a London

Resolved Question:

I hope you can assist as this decision was made by a London Crown Court.
A Confiscation Order has been served on me under the Proceeds of Crime Act 2002 for the amount of £150,000.00. This amount is the available amount although the benefited figure was more...
The available amount was based on the valuation of a freehold house (no mortgage) under my name.
I have to sell the house now as there are no other means of me paying this amount. I would like to know should the house be sold for a value more than the confiscation order i.e. £170,000.00, can I keep the £20,000.00 (profit) I made and pay the agreed confiscation figure of £150,000.00 without the worries of being in any breach to the court?
Surely the court only wants the confiscation order paid within the 6 months given?
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.
There is a capacity for them to return to court to apply to vary the benefit amount effectively on the basis that the available amount has changed but they won't do that for £20k.
Usually there is a provision to do almost anything but what the Crown actually will do is another matter. They very rarely do apply to vary amounts actually.
If you pay within the required date it is quite unlikely they would find out about this anyway.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69509
Experience: Over 5 years in practice
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