Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Flip

Original poster

Can anyone help me with a POCA situation.

6 replies

CottonCandyCake · 07/12/2023 08:38

I am currently under a proceeds of crime order. My house has gone and they are now asking for my two (tiny) pensions. Quite frankly, at this point, they are welcome to them. I just want to get on with my life in peace. However, I am stuck. Neither pension company will give them to me as I am not yet 55, and no one I speak to at the pension companies seems to have of POCA, or of this happening before. In fact, one company seemed to think I was being scammed. I have e-mailed them the confiscation order and they never got back to me.

Meanwhile, both the solicitor and trading standards don't seem to know how this should be resolved either, so each time I ask for help, I just get a message back reminding me if I don't pony up, I could get 5 months in prison.

Believe me, I want nothing more than to pay up and put this behind me. If anyone could point me in the right direction, I would be most grateful. I am off to work soon, but will check back in this evening.

OP posts:

CornishPorsche · 07/12/2023 08:43

Is this your solicitor? Are they a POCA specialist?
Who applied for the order - CPS or Trading Standards?

Might be worth asking the CPS / TS /the court to write to the pension companies as well.

Make sure all your correspondence with your pension companies is in writing so you an produce copies to the court to show what's been happening. They are unlikely to order you to jail if you can prove you're not just paying lip service to this.

Redburnett · 07/12/2023 08:45

Info here may help:

https://cohencramer.co.uk/section-22-applications-and-your-pension/

Section 22 Applications and Your Pension - Cohen Cramer Solicitors

Section 22 Applications and Your Pension. Expert legal advice in relation to Proceeds of Crime Act matters. Get the help you need.

https://cohencramer.co.uk/section-22-applications-and-your-pension

Original poster

CottonCandyCake · 07/12/2023 08:50

Sadly, my solicitor has no clue about POCA. They admitted it to me when we were on better terms.

OP posts:

Original poster

CottonCandyCake · 07/12/2023 08:54

Redburnett · 07/12/2023 08:45

Info here may help:

https://cohencramer.co.uk/section-22-applications-and-your-pension/

Thank you @Redburnett, but the pension is less than £10,000. I don't care if some goes to tax, I just want this over with, I certainly don't want to spend any money trying to claw it back. I will still owe them til the day I die anyway.

OP posts:

CornishPorsche · 07/12/2023 09:05

Time to find a specialist tbh. Pay them for a single consultation, go in prepped with specifics and ask how you proceed if you were to do this without a solicitor.

Original poster

CottonCandyCake · 13/12/2023 16:14

Just returning to this thread in case it is one day useful to someone else. I finally found someone helpful at my pension company who would listen to me, I sent them a letter from the confiscation unit at the court, they sent it to the claims department who are now dealing with it.

OP posts:

Flip