How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69519
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I am 71 years old and live on my own on the state pension.

Resolved Question:

I am 71 years old and live on my own on the state pension. My two sons are directors with me in a company formed back in the seventies. I take nothing from the company allowing my sons to make it grow. I have entered into a legal agreement to raise £400,000 to give my wife for a divorce settlement. This is to come out of the business and additional Bank borrowings representing half of what her side thinks the business is worth. In exchange wife is giving oenership of our domestic abode over to the Ltd company.
Last year I explained to your adviser that a business associate had stolen £6,500 and a new lap top computer from our business and when I pursued her for our cash and lap top she alleged to police that I was "stalking" her. I registered a complaint about "her policeman" and then found that the policeman had to stand trial for dangerous driving. He was convicted but got "unconditional discharge" from Sheriff because the cop had been answering a 999 call. However this has left a stain on his police service record so we can all understand how his fellow cops closed ranks to protect him from my complaint. After eight months of me repeatedly asking for action the fourth Police Inspector has written a report full of misrepresentations including an assertion that there is dubiety over legal ownership of missing lap top. I paid for it with Business Bank card and the suspect alleges she gave the lap top back to me. I had hoped that if police put a report to Fiscal regarding lap top then both matters would be thrown out.
So I sought representation from a big law firm down South but they seem to charge over the top rates which has now made me wonder if I can qualify for Legal Aid.
While the company made a profit last year, an important lease to our source of production has expired and into the bargain our planning permit has expired and the company is having to spend great resources trying to renew planning permission.
Local CAB office seemed to think I might qualify but need your opinion.
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

No. I quite understand that from time to tme you hit something complex so I am quite happy to wait for you to find assistance. .Cheers Bogbain

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry for the delay.
What would you like to know about this please?
Customer: replied 1 year ago.

Given my financial circumstances, can I qualify for Legal Aid?

Expert:  Jo C. replied 1 year ago.
To do what specifically?
Customer: replied 1 year ago.

Last September I was "framed for stalking". I was pursuing £6,500 and a new lap top that a business associate had ran off with. At the time I thought I would not qualify for legal aid to defend this criminal charge but recently I have had second thoughts. I believe my personal financial position is open to interpretation, as I have explained earlier.

Expert:  Jo C. replied 1 year ago.
Are you still being prosecuted?
Customer: replied 1 year ago.

Yes, but no date yet set for trial. Trouble seems to be with fact that I complained about "her"cop intimidating me. Then he got convicted of a driving offence, getting a block on his police service record so I guess his work mates have closed ranks to reject my complaint and they will not accept defence evidence that is available for them. Like how the suspect at first asserted there was no new lap top in business. Then changed her statement saying she gave it back to me and then she went into store where I had bought lap top using my Business Bank card and she tried to obtain a receipt for lap top in her name, around the same date as I was being charged with "stalking". Challenged on this misrepresentation the suspect alleged to police that she had simply gone into store to ask why she had been asked to sign her name on original receipt. police have original receipt and there is no signature at all on it. I have just discovered suspect used to work for Masonic movement as an Escort so she will have influence over police.

Expert:  Jo C. replied 1 year ago.
Well, that may well be right. That is why I would never suggest complaining about a police officer.
Do you earn more than £12k a year from all sources?
Customer: replied 1 year ago.

I do not "earn" anything from the business, allowing my sons to make the business work.

Expert:  Jo C. replied 1 year ago.
OK.
So do you received more than £12k from all sources?
Customer: replied 1 year ago.

No I receive £10,868 of a state pension each year.

Expert:  Jo C. replied 1 year ago.
But does the business make money?
Customer: replied 1 year ago.

The business does make money but since I have had to sign an agreement to give my wife £400,000 cash settlement for a divorce, and in return she gives the matrimonial house to the company the company is having to increase borrowings from the bank. This will leave our sons working to pay off the loan. Therefore it has been agreed that I can take no cash out of the business because of this new debt.

Expert:  Jo C. replied 1 year ago.
Thanks.
That is why you have been refused legal aid and that will not be revoked on these facts.
They are saying that you do have access to other monies. The fact that you have made an agreement with your wife is a non issue. The divorce settlement does not improve upon your application for legal aid.
They are of the view that overall, whatever the organisation, you have an income exceeding the cut off point. You might still get legal aid on a contribution basis but you would have to pay a contribution.
Sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Legal Aid has not been refused, since I have not asked for aid yet.

The pressure on me to not take anything out of the business comes from my two sons who are directors of the business and have taken over the day to day work.

Expert:  Jo C. replied 1 year ago.
Yes, you may well be under pressure. That is not sufficient I'm afraid.
If you declare the facts as you mention them above then I'm afraid I would expect it to be refused or agreed with contributions.
Jo C., Barrister
Category: Law
Satisfied Customers: 69519
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions