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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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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: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years 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 2 years 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 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Jo C. replied 2 years 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 2 years ago.

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

Expert:  Jo C. replied 2 years ago.
To do what specifically?
Customer: replied 2 years 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 2 years ago.
Are you still being prosecuted?
Customer: replied 2 years 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 2 years 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 2 years ago.

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

Expert:  Jo C. replied 2 years ago.
OK.
So do you received more than £12k from all sources?
Customer: replied 2 years ago.

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

Expert:  Jo C. replied 2 years ago.
But does the business make money?
Customer: replied 2 years 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 2 years 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 2 years 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 2 years 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: 70416
Experience: Over 5 years in practice
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