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Response to ABBEY NATIONAL and HALLIWELL LANDAU

from M Amos (idgroms@hotmail.com)
Mark,

I think you need to fight fire with fire here and get good legal help. Although, I'm afraid I'm very sceptical about "British Justice" these days. You may be able to get legal aid (even if you are working, as I understand it, depending on your income). Bear in mind though that LSC funded services for civil cases are only available from solicitors or advice agencies which hold a contract with the Legal Services Commission. Perhaps you could obtain 'full representation' and a barrister. Take a look at the Legal Services Commission site "www.legalservices.gov.uk" and particularly the section entitled "A Practical Guide to Community Legal Service funding by the Legal Services Commission April 2003" The following is taken from the guide mentioned previously, it will give you an idea:

2.4 Do I qualify financially?

You must be able to show that your capital AND your income are within the current financial limits. If you are married or living with someone as a couple, your partner's capital and income will be included unless:

You live apart because your relationship is over There is a conflict of interest between you in the matter for which you are seeking help (for instance if you want advice about a divorce).

2.5 Capital: do I qualify?

Work out your disposable capital (see Section 7 of this guide). If this exceeds £3,000 you will not be eligible.

2.6 Income: do I qualify?

If you are receiving income support or income based jobseeker's allowance you will be eligible on income but your capital will still need to be assessed.

If you are not receiving one of these benefits your solicitor will take the actual gross income in the past month of yourself and your partner (see Section 7). If this exceeds £2,288 you will not be eligible. A higher limit applies if you have more than 4 dependant children in your family for whom you receive child benefit (see table in Section 7). If your gross income is £2,288 or less your solicitor will then calculate your disposable income (see Section 7). If your monthly disposable income exceeds £621 per month you will not be eligible.

Hope this is of some use. Good Luck.

Mark.

(posted 7666 days ago)

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