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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8966
Experience:  I have been practising for 30 years.
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Following a recent case in crown court I have received a CCO

Resolved Question:

Following a recent case in crown court I have received a CCO to pay £2500 based on a means test. However the means test has shown my home valued at £199000 as being a disposable sum. My home is subject to a life time mortgage and the lender has a charge and title against the property. There is no allowance being made for this, is this correct?
Submitted: 5 months ago.
Category: Law
Expert:  F E Smith replied 5 months ago.

Can you explain the background detail here a little more please?

What equity is in the property?

I need as much background detail as possible please. Thanks

Customer: replied 5 months ago.
Thanks for reply. Do my best re background.
I pleaded guilty to an offence in crown court in April 2016. I was on legal aid at the time but was told there may be a contribution order based on means test and this would take 6 months. I received an order on 9th Sept to pay £2588.47.
The means test done is shown as follows;
Equity in main property = £199000.00
Capital = £ 11177.00
Total Capital &equity = £210177.00
Disposal Capital = £180177.00 (there is an allowance of £30000)Equity in property + capital is regarded as fluid means.
Because I have more fluid means than the allowance I am therefore liable to pay solicitor & barrister fees of £2588.47.My concern at this time is that my property is subject to a lifetime mortgage(equity release) with Aviva taken out in 2003. They are currently owed £102000.00 with a charge & title over the property. I have to adhere to various terms and although I can move to another property in my & my wife's lifetime the only way disposable funds could be raised is when we are both deceased.In consequence I am looking for advice as to me I do not consider that my main property is a disposable item in the context of the assessment due to above reasons.I hope this gives the background required.
Many thanks,
Edwin
Expert:  F E Smith replied 5 months ago.

You say that the equity in the main property is £199,000.

You say that Aviva is owed £102,000.

However, you haven’t said what the property value is.

Customer: replied 5 months ago.
Sorry about that. On today's market approx. £197000.00 Prices around me have fallen over last six months ago.
Regards Edwin
Expert:  F E Smith replied 5 months ago.

So, whilst the data may be flawed, and the assessment that you are liable to pay £2500 is based upon the disposable value of your home being £199,000, the reality is that the disposable value of your home is actually £95,000.

By all means appeal the assessment but I don’t think it’s going to make much difference. Sorry.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8966
Experience: I have been practising for 30 years.
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