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Applied for legal aid and getting lots of questions

7 replies

SugarWay · 16/08/2012 10:09

Hello, posting again for a friend who is being taken to court by her ex husband who pays no maintenance but is seeking contact with their daughter.

Because of his violence, and given that there is a restraining order in place, my friend and her solicitor are trying to get the difficult "no contact" order.

The first court hearing was this week, it went OK and it was adjourned pending further reports, but my friend has now just received a very long and scary letter asking lots of details about transactions on her bank account.

They are asking what every credit is for and what every cash withdrawal is for.

They then conclude "our calculations show that your monthly outgoings are more than your monthly income. Please tell us how you meet your day-to-day living costs for yourself and for your children. If you are receiving financial support from somebody, please tell us who is supporting you, what they pay for, how much, how often, to whom and how the payments are made"

Is this a normal letter? The reality of the situation is that her family help her quite a lot, and she borrows and then repays money from friends at various times in the month. And she does tend to draw her weekly money out in cash and make it last the week. And frankly she can't remember what every cash withdrawal is for!

Presumably Legal Aid have to make certain checks to make sure claims are not fraudulent, but this was a particularly nasty letter to receive.

My friend is very upset because she feels that she is being made to feel as if she has done something wrong, when she she is really is the victim in this.

Can anyone provide reassurance?

Thanks in advance.

OP posts:
Thistledew · 16/08/2012 10:13

Sadly, it is not uncommon behaviour from the LSC. She needs to be as detailed as she can be with her explanations- maybe get a few letter from family saying that they lend her £x from time to time but she pays it back, or they give her £x to help cover expenses but this is not a regular or permanent arrangement.

Collaborate · 16/08/2012 10:14

These are proper questions for the LSC to be asking. Income includes any financial support received from a third party. A question is asked about this on the financial application form. The money she borrows from friends and repays should not be counted as income, but the money from her parents/family that she doesn't repay should, even if she says that she intends to repay them one day.

It's got nothing to do with how good a case she's got at court. There are strict rules as to financial eligibility and the LSC aren't going to overlook them.

SugarWay · 16/08/2012 10:31

So is it wrong for her to accept gifts and support from family and friends then? Would that disqualify her from legal aid? If so, then what is the threshold? Sorry for all the questions.

OP posts:
SugarWay · 16/08/2012 10:32

PS Am at work so can't check this thread very often. Thanks in advance

OP posts:
Collaborate · 16/08/2012 11:16

It's not wrong to accept financial help from family. You can't though take that help, and then get legal aid as if that's not a resource available to you. Otherwise we'd have kids of rich parents getting legal aid just because parental support isn't counted.

SugarWay · 16/08/2012 17:54

Hello are you sure you are right on that? I've been looking on the direct gov website and i can't see anywhere that gifts / loans count as income for legal-aid purposes? My friend is on minimum wage and gets tax credits and is on a very low income each year.

OP posts:
Thistledew · 16/08/2012 18:13

There is a section on the application form where you are asked "Do you receive money from anyone? How much/how often?".

It may be a case of her having to make some contribution towards her legal fees rather than having them all paid. Alternatively, she could wait a month, during which time she does not receive any financial help from friends/family, and then apply again for legal aid. There would be nothing to stop her friends/family giving her gifts of food etc if they happened to over-shop.

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