Capital Contribution Order And Bailiffs

A Capital Contribution Order is issued to defendants in criminal cases to pay for their legal representation. Additionally, an Interest Contribution Order requires individuals to make periodic payments from their income. The regulations that govern Capital Contributions Orders are outlined in the Criminal Defence Service (Contribution Orders) Regulations 2009.

One company, Rossendales Ltd, now Marston (Holdings) Limited, attempted to secure the government contract for enforcing CCOs but faced challenges due to the difficulty of collecting large sums of money from defendants with limited financial means.

Moreover, there is no restriction on the increase in legal costs, leading to inflated fees for legal representation. Despite this, debtors cannot be imprisoned or arrested for non-payment of a CCO, and the liability expires six years after the order is issued. It's important to note that solicitors are still compensated, but public funds reimburse the fees at rates established by the government.


Stopping enforcement

You may apply to the court that issued the Capital Contribution Order (CCO) to set aside the order under section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Alternatively, you may apply to vary the CCO to convert the CCO into an Income Contribution Order, allowing you to make affordable instalment payments.

There is no need to contact the bailiff company.

Your grounds for application can include:

You are receiving a prescribed benefit.

You were not means tested before the order was made.

You have experienced a change in circumstances.

Your annual income is below £12,000.

Your total assets are under £30,000.

You were convicted in a magistrates' court, not a Crown court.

You received notice of the order more than 21 days after its issuance, preventing an appeal.

You did not receive notice at all; for example, the court sent it to a previous address.

The order was made more than six years ago and has lapsed under Section 9 of the Limitation Act 1980.

If staff at HM Court Service have difficulty understanding a CCO and resist your application, make a Stage 1 Formal Complaint detailing what occurred and requesting the withdrawal of enforcement.

If court staff continue to resist your application from proceedings, seek assistance from your MP.

Meanwhile, take steps to protect yourself and your goods from bailiffs.