How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice.
Type Your UK Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

I was wondering if you could help my son is in court in dover

Customer Question

I was wondering if you could help my son is in court in dover on Friday do do with his confiscation order he cannot afford to pay it of but has been paying weekly what he can afford his wife works full time there are 4 children 17 13 6 and 7 they have a mortgaged 44%flat pay rent 0n the other bit housing association there is very little equitiy in the flat my son owning 22% daughter in law not involved in proceedings he cannot afford a solicitor it has taken him 2yrs to get a permenant job he would pay if he had it pls advice what could happen on Friday I would be so grateful for your advice and help my son has been so lucky my lovely daughter in law has stood by him thankyou ann
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has there already been a confiscation order?
And he has not paid?
Customer: replied 2 years ago.

yes there is a confiscation order in place for 80.000 he paid roughly 5.000 since coming out of prison nearly 2yrs ago sold his car the car in the family is his wifes on hp no other valuables

Expert:  Jo C. replied 2 years ago.
Are you asking if he can escape the custodial sentence?
Customer: replied 2 years ago.

yes do you think he will get a custodial? he will then be back to square one no job to pay at all what should he do on Friday its the children that are going to suffer most we would not take them to visit hes not hiding no money he gambled everything away thankyou

Expert:  Jo C. replied 2 years ago.
If he doesn't have the money then has he applied to vary the order?
There has been a finding that he has property £80k?
Customer: replied 2 years ago.

no he has not asked for a vary order sorry I do not understand the bit about the property 80k he owns 22%his wife 22% rest is rented with a housing association 4 school age children how does he do this vary order thankyou

Expert:  Jo C. replied 2 years ago.
That is a problem I'm afraid.
I am sorry but realistically he probably is going to prison.
Had he posted earlier I would have suggested he apply for a variation order on the basis that he has no money but that didn't happen.
He might get an adjournment if he can offer a sensible repayment plan but it would have to be a substantial amount.
I'm really sorry. There is not much I can say that is positive on these facts.
Can I clarify anything for you?