Capital Contribution Order and bailiffs
A Capital Contribution Order mandates unsuccessful defendants in criminal proceedings to provide a lump sum payment towards the expenses incurred for their legal representation.
In contrast, an Interest Contribution Order requires the payment of periodic amounts from income.
The legal framework governing Capital Contributions Orders (CCOs) is outlined in the Criminal Defence Service (Contribution Orders) Regulations 2009
Bailiff company Rossendales Ltd under the stewardship of Julie Green-Jones, competed for the government contract for the enforcement of CCOs, but encountered significant challenges. The difficulty faced by bailiffs stems from the impracticality of demanding large sums from debtors with low incomes at their doorstep, coupled with debtors' lack of movable assets or vehicles of substantial value.
There are no regulations restricting the escalation of legal costs imposed on individuals for legal representation fees, nor do they mandate that solicitors' fees must be commensurate with the cause of action. Consequently, costs orders for solicitors' fees against individuals have soared. This is attributed to debtors' lack of ability to pay, or their diversion of income or assets elsewhere, prompting the legal profession to raise fees further to mitigate the risk of losing a portion of costs orders against debtors unable to pay.
Debtors cannot be incarcerated or "arrested" for non-payment of a CCO. The liability expires six years after the order's issuance date. Solicitors are still remunerated, albeit from public funds and only at rates stipulated by the government
Stopping enforcement
You have the option to apply to the court that issued the CCO to overturn the order.
Alternatively, you can seek to modify the CCO by submitting a request for variation. Include a completed Form N245 Income and Expenditure, proposing a variation to an Income Contribution Order, allowing you to make payments in manageable instalments.
There is no requirement to draft a letter or reach out to the bailiff company.
Your grounds can be
If personnel at HM Court Service oppose your reasons, proceed to lodge a Stage 1 formal complaint outlining why you are not accountable for the Capital Contribution Order or are eligible for an Income Contribution Order. Request them to cease enforcement actions.
If your complaint is met with resistance, escalate the matter by reaching out to your Member of Parliament (MP).
In the meantime, take measures to protect yourself from bailiffs.