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 Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34266
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Family law question: Material proof in respect of the validity

Resolved Question:

Family law question: Material proof in respect of the validity of documents produced has now been found that it was invalid but the case has ended. Because the Powers of Attorney were discussed at court during the divorce proceedings does this now mean that the Judge make her final Judgement whether the Powers of Attorney were valid or invalid
and irrespective it did not make any difference to her Judgement in respect of the Final
Judgement Order and does this now mean it did not matter whether the documents were
VALID OR INVALID it makes no difference ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity - the Judge made it clear that the documents were not relevant to her decision?
Clare
Customer: replied 3 years ago.

 


No she did not as far as I am aware. I disputed the documents validity


at the time which were presented by my x as valid,which I now have material evidence that proves that the documents were in fact invalid it was the fault of my solicitors at the time who failed to get this evidence to substantiate my claim even though they knew I had disputed the documents which were presented as invalid and left the Judge to base her judgement on assertions that the documents were valid. As the Judge said that he should indemnify me against all liabilities and release


me from the commitments of the Bank Guarantee under the Powers of Attorney. My x then went to the court of Appeal and asked the Judges


to allow him to only pay me a residual amount for any liabilities. If I am


not liable as the documents are invalid then my x is therefore fully liable for the actions he took under the Power of Attorney and there


should be a reversal of the Appeal decision and for him to cover me in Full and not residually against any liabilities he caused under the invalid bank guarantee and Power of attorney?


 


 

Customer: replied 3 years ago.

have you received my response to your further information request ?

Expert:  Clare replied 3 years ago.
Hi
I am sorry could you give more detail as to what the actual issue was - and what the result was for you
Clare
Customer: replied 3 years ago.

is this further information that I supplied included in the £33?


 


 


my x procured loans from a bank utilising a Bank Power of attorney


which the bank relied upon to make me an alleged Guarantor for loans


that belonged to a company that he was 100% director, There was no


notary to inform me of severity of the documents or explanation as to what the document was by the bank as only he read the document


and he told this to the Judge and the document


in question was tampered with after I had signed it which makes it


 


invalid This document was and is being relied upon by a bank


showing me as the alledged guarantor

Expert:  Clare replied 3 years ago.
Hi
Yes all of this is covered in the payment!
How much has this cost you?
Clare
Customer: replied 3 years ago.

Do you mean the court case?


 


He produced documents which are now proved to be invalid.


this evidence has created a domino effect. The Appeal Judgement should now be reversed as he is fully liable and I am not and therefore


if there are ramifications in respect of the dubious Guarantee


then I should be be fully indemnified and not residually. My solicitors


have failed to act in any way and said that I am out of time.However


I wrote to the Judge's clerk in January who told me to make any


applications through the appropriate channels. Therefore I am


within the time limit of making an application as I wrote tot he Judge


within the specified time. My solicitors are not taking this matter back


to the court as it will display their gross negligence as my case could have ended 4 years ago and I would now be facing £300,000 in legal fees. My barrister was changed from a family Barrister to a contract barrister with only two years experience . 3 of the assets were corporate companies and the firm are now saying after 7 years that they had no


corporate abilities. Under the invalid documents I was not liable however based on the Judges decision she gave me 51% of my x husbands company there even though I was liable before under the invalid documents it appears I am in a precarious position of being made liable


by the Judge in her Judgement ? I now face the prospect of endless ramifications as no body is doing anything. This was an evolving case ,it was not handled in this way as the evidence was also evolving. My x was concealing assets.My lawyers were greedy and I have have lost the lifestyle I was accustomed and may not be able to sustain any living accommodation .when I contributed a house encumbered and 3 children


and and was married for 34 years and worded in the family business for


18 years and was dismissed because I asked for a divorce. I have been


treated horrendously by the legal system.

Expert:  Clare replied 3 years ago.
Hi
i am sorry - what I was asking is how much the discrepancy may cost you n- not in legal bills but in the value of the settlement
Clare
Customer: replied 3 years ago.

What I wanted to clarify Clare is the following:


How the Judge arrived at her decision based on disputed evidence


which could have been validated to be invalid during the proceedings


by my solicitors which they failed to act and to clarify. Instead the Judge


had to make assertions on the basis that the documents were valid


which can now be proved to be invalid. My solicitors have prevented


me from going back to court for their own self preservation. I have a right


to Justice and I am within the time frame. From my solicitors error


3 law lords were hood winked into making a decision which I could


not defend at the time because of their lack of action in proving the documents to be invalid. The Law lords said based on findings presented at the time "valid" documents that my x should pay me


a residual amount for any liabilities. But my argument now is


that the documents have bee proven to be invalid. Therefore my


x is fully liable for the indemnities of the Bank. If he is fully liable


then I am not. HE IS THOUGH FULLY LIABLE TO COMPENSATE


ME FOR ALL REPERCUSSION HE CREATED BY WAY OF A FALSE


GUARANTEE and repercussions that may arise from his actions.


 


Therefore I should be given a reversal of the Appeal court's Judgement


as the documents are now INVALID.


 


It all sounds very complex but not if one is aware that my x was less


than honest with the court.


 


As the Judge in the divorce was blinkered


and the Law lords were hoodwinked.


 


 


 

Expert:  Clare replied 3 years ago.
Hi
I am afraid that it is not that simple at all - especially since the last hearing was a case in the House of Lords.
When was that Judgement made and what new evidence has come to light regarding it
Clare
Customer: replied 3 years ago.

 


I now believe I have a precedent in Law against the Appeal courts decision for the following reason:


 


If the documents which were produced where invalid therefore


I am not liable as it was presumed they were valid at the time


of the decision


 


If the the documents are now proved to be invalid which is the case.


 


then the decision by the law lords which was arrived at the time


was that my x should only pay me a residual amount as the documents


were presumed valid.


 


As the documents have now been proved to be invalid I am not technically liable in effect my x would not have to pay anything against


the liabilities .


 


However the point of precedent that I am making is :


 


If my x used the documents which were invalid then any repercussions


or further liabilities of his action while using invalid documents


from 2004 then I should be protected from any liabilities which


may arise as a result off his actions.


 


The reason why I asked my initial question was for the purpose


of knowing if the Judge in the divorce case made her judgement


irrespective of whether the documents were valid or invalid


and or did this not matter ? (it should also be mentioned that at the time


I did dispute the documents validity in any event. This situation was


allowed to escalate due to the lack of assistance by my solicitors to act


in my best interest and produce the conclusive evidence which they did


not .And that is why I am having all these problems.


 


In my humble opinion why is there need for the evidence act


if the evidence was not relied upon as it the case now ?


 


I now have the evidence which proves my case. But it causes


a domino effect in other parts of the Judgement.


 


The Court owe me a duty to protect me from further liabilities


in any event and if Full in light of the ambiguity of the documents


and how they were used to procure loan when they were invalid.


 


I now may face conflicts with the Bank involved through no fault


of mine but my x husband's as he acted without my knowledge


at the time.


 


Therefore the Appeal court decision must be revered to protect


me.


 


I hope this is clear.


 


many thanks


 

Expert:  Clare replied 3 years ago.
Hi
Whilst I understand your reasoning I am afraid that in fact it is simply not that simple - hence I need to know the information requested in order to give you a meaningful reply
Clare
Customer: replied 3 years ago.

Case ended 2020 the judgement was made 27th February 2012 sealed in May 2012. Appeal was in 2013.


 


This case is a landmark case and I have a precedent in law.


 


After a 34 year marriage how can the appeal court base their


judgement on invalid documents to make a ruling which I was not liable and to pay me a residual amount otherwise it would have been considered a Windfall settlement. When in reality the documents were invalid and I should have been given Full indemnity.



Errors have occurred throughout every level of the Judiciary system


that is what makes this case unique.



How do they justify me asking for a divorce after a 34 years marriage


and leaving me potentially destitute because of their errors ?because


if the Appeal court decision is not reversed I will face unlimited liabilities


to which I am not liable as my x husband is fully liable for all the actions he has caused from the use of invalid documents since 2004 and any


ramifications and repercussions thereof which appear to be unlimited Therefore this case is wide open to scrutiny of why such errors have occurred. Yet my solicitors have failed to allow me to make


an application which a severe violation of my human right to justice.



The documents in question: Domino effect as material evidence has been proved by me and not my solciitors



Power of attorney dd 16th December 2003 proved now invalid had no


seal for use outside of the UK


Power of attorney dd 19th December 2003 proved invalid leading


to a Bank Guarantee January 2004 being relied upon for an unlimited amount and all associated companies of my x husband abroad.



Therefore I was a victim and was never considered as such by the


divorce court or the trauma thereof. My case could have ended in


2010 but due to the late Judgement in 2012 my suffering was prolonged


and even though his evidence was considered by the Judge with


extreme caution nobody checked the evidence for its authenticity.


 


From solicitors-to barrister -to Judge-to Law Lords


this case is epic but nobody is taking the responsibility


for their errors which will be mistakes carved in stone if the Appeal is not


reversed and instead of a fair judgement I will be made destitute because I asked for a divorce after a 34 year marriage and will be left with liabilities -ramifications and repercussions until all my money funds


run out trying to defend myself against invalid documents which were presumed valid at the time of the hearings and where not checked


as my solicitors did not tell me that I had to produce the evidence


and not they even though I contested the validity during the divorce


case ad the Judge said that she considered his evidence with extreme


caution.



Expert:  Clare replied 3 years ago.
Hi
can you give me a link to the Judgement so that I can read it and understand the issues please
Clare
Customer: replied 3 years ago.

Dear Clare as I understand there were 3 Judgements during the divorce


as the original Order was varied 3 times and there was also an enforcement hearing for disclosure of evidence and a Judgement from the Appeal court. I do not have a direct link as these documents were given to me by hand and not over the email. The Judgement was handed down in private. But references to the Appeal court hearing were made public


in the news paper. One of the Law lords said that he was not entirely


in agreement with the Judge's Order and he also commented on my


Barrsiter and said "oh you are a contract lawyer arnt you?".


 


As I have mentioned my original barrister who a family barrister was


changed to a contract barrister and I was lead to believe he was a


Family Barrister and now believe my Family needs were compromised.


 


But due to the nature of the case and that 3 of the assets were corporate


companies my solicitors made this change. However what is even


more disconcerting is that even though they changed the barrister


the documents went unchecked.


 


What I can quote from the transcripts is that it was always the Judges


intention to place me back in the position of what I would have been if my


husband had not acted in the way he did.and therefore told him to


release me from all of the personal liabilities.


 


the order was varied to the court expect him use his best endeavours


to release her.


 


the Appeal court said he should pay a residual amount for any personal


loss.


 


However if the documents are now invalid.


 


He should release compulsorily from the liabilities and or pay me


fully for any personal liabilities as a result of all his actions by reversal


of the Appeal court. As the court may not have jurisdiction to release


me from the liabilities under UK law but they can make a reversal of the


Appeal court decision. Which technically would make this a landmark


case and an appeared windfall settlement. Or leave it as it is and make me destitute !


 


This is now a Landmark case as the Appeal court have now


allowed him to make me destitute as the liabilities are ongoing.


 


However the Judge has now inadvertently made me liable


by awarding me 51% shares in a company that have debts


of Euros 400,00 that I am allegedly guaranteeing under invalid


documents


 


 


Hence that is why I am asking the original question is to back to where


the errors occurred ad how the Judgement was relied upon


 


the Judge said she" viewed his evidence with extreme caution"


 


so if the evidence was invalid but was not checked by my solicitors


negligence to be invalid and proved to the Judge she could only make


assertions to her judgement based on the disputed evidence that


I gave but had she have had proof at the time then she would have


relied on proven facts and not assertions of invalid documents


which are now invalid and I would have been awarded for


full liability for all his actions from when he utilised the invalid documents


and he would not have been allowed to go to appeal and get a judgement for residual liabilities to be paid to me as he had no


right to make me liable in the first place.


 


At this time I am not in the position to which the Judge thought


that she had placed before the divorce I am at risk and jeopardy !


and condoned by the Appeal court unsuspectingly by their latest


judgement


 


 


 

Customer: replied 3 years ago.

Dear Clare


 


The amount in question is limitless as the the Guarantees were for an unlimited amount however the Appeal court said that if any further


Powers of Attorney should arise then they should be considered as


a fraud because he did not disclose them.


 


What has appeared at present is Euros400,000 which the company


owe that the Judge awarded me 51% shares and a directorship.


 


However I have encountered all sorts of cost i legal fees,having to


cash in two pensions to subsides the company with one of my pensions


and the stave off a repossession on my home to save an eviction 3 times£10,000


 


4 years of unnecessary litigation as my case could have ended 4 years


earlier in 2010 about £150,000


 


£300,000 of the value of my home


 


£300,000 of my husbands legal fees placed on the joint home


even though he has businesses to rely upon with a steady stream


of income


 


All my clothes from a high lifestyle have bee in boxes for 4 years


rotting in case I am repossessed because he does not pay the mortgage


 


He receives two income around £75,000 per annum has drained


the family business systematically


 


He has given inaccurate accounts as there were over a 130 invoices


missing


 


He has not given full and frank disclosure throughout


 


He has remarried to a women 30 years his younger and travels


abroad frequently per year and has a child younger than his grand


children.


 


He has upgraded his living accommodation and drives a new car


 


He pays nothing for the mortgage not even interest and my home


has been devalued from £2.2 M to enforced by the court to be placed


on the market at £1.5 when now it worth at least £1.8


 


I have lost from the value of my home around £800.000


 


An joint asset of land that is valued at Euros 400,000 half of which


belongs to me will have to be given to repay the loans which he created


and is fully liable was given to me by the court and taken away so what


have the court actually awarded me ? even though it can be seen now


that I am not liable he is.fully.


 


Numerous blunders have occurred :


 


Labelling him to be considered with extreme caution then allowing


him to be in control of the joint assets for a further 4 years to dissipate


devalue,default and defraud me.


 


The court failed to award me a fighting fund when they knew that


the documents were disputed


 


The allowance of my husband to make a variation of the order to


say "that he will use his best endeavours to release me" when he


made no endeavours


 


Allowing him to make an Appeal to pay me a residual amount


which then gave him no incentive to release me at all from the liabilities


 


Which then left me at the mercy of the perpetrator to vexatiously and maliciously incur all sort of costs to me in one way or another.


 


the fact that I have been oppressed for 7 years and since 2010


when the case ended and there continued 3 variations of the order


and Appeal and an enforcement hearing which my solicitors did not


enforce as the Judge said she saw no evidence of Fraud simply


because my solicitors were inexperienced ,they changed my barrister


who only had two years experience to contract barrister and my family needs have not been met.


 


My argument is that a retrial is out of the question due the length of proceedings and the age of the couple and I have suffered enough


under the legal system when I was a victim and I had to go to court


and face his lies over a 7 year period



I had to contend with trauma of being a victim,finding out he was leading


a separate financial life, distress, oppression, suppression and was and still am almost under open house arrest living an a measly £350per week maintenance alien to the lifestyle that I had when I was married



The losses to me are of my life and lifestyle and the loss of my


future security and faced with liabilities that had nothing to do with


me and the ramifications and repercussions all because my solicitors


failed to check the disputed evidence and to validate that it was


invalid to start with what price can one place on all this ?




Expert:  Clare replied 3 years ago.
Hi
I think you are saying that the Power of Attorney leaves you open to a debt of 200,000 Euros is that correct?
Clare
Customer: replied 3 years ago.

 


 


Dear Clare


 


the Euros 200,000 was my share of land abroad. Half as it was in joint names. Under the existing order I was due half. But I am now being made


to give up my share to repay loans that had nothing to do with me.


 


Therefore my asset has been given to me in one hand and taken


by the other = 0 so what have the court actually awarded me ?


 


It is much more than that the list is endless as the Power of Attorney


leaves me open to all sorts of spin off costs,ramifications


under the existing order I should be indemnified but he has


left no money to be kept back even for residual loss


 


My cause for an Appeal and a reversal of the Law Lords


 


now that he is fully liable I should also be given full indemnity


form the liabilities for the documents he used which were invalid.


and of primary importance is his conduct and what this has caused in monetary terms ... 4 years of extra litigation and costs,


 


He has placed £300,000 in legal fees on the joint home which


I now want lifted as he has other bossiness to rely upon and gets


a steady stream of income for the rest of his life I do not.


 


As the chargor for his legal fees this should now be lifted due to


his conduct as a penalty for such action.


 


So going back to my initial question in respect of how the Judge


had arrived at her judgement


 


Material proof in respect of the validity of documents produced in court has now been found that it was invalid but the case has ended. Because the Powers of Attorney were discussed at court during the divorce proceedings does this now mean that the Judge make her final Judgement whether the Powers of Attorney were valid or invalid ?
and irrespective it did not make any difference to her Judgement in respect of the Final Judgement Order and does this now mean it did not matter whether the documents were VALID OR INVALID it makes no difference ?


 


I think that the court should now base this case on the conduct


of My x husband and impose personalities for his conduct as the level of deceit goes beyond believe and as a result of his actions my family


needs have not been met at all and after all my contributions to the marriage-length of marriage 34 years- 18 years of service in the family


business - a mortgage free home in central London and 3 children.


 


I was reliant on the case for my future needs and standard of living


which if left unchallenged will leave me in a very precarious position.


 


I also believe that as my barrister was charged from an experienced


Family barrister to a 2 year only experienced contract barrister at the


beginning of my divorce that my family needs have been compromised


severely and my solicitors did not inform me that he was a contract


Barrister and I was lead to believe he was a family one.


 


What is more disconcerting is that if he was a contract lawyer


and everybody knew that I had disputed the validity of the


documents during the proceedings why did they not check


my suspicions as to the validity of the documents ?


 


The answer to my questions is vital as it ties in all parties


the Judge-the lawyers -the Barrister and the appeal court judges


to have made the biggest blunders ever in a single case


 


 


 

Expert:  Clare replied 3 years ago.
Hi
What exactly is wrong with the Power of attorney - why is it not valid?
Clare
Customer: replied 3 years ago.

Ok there were 2 Powers of Attorney


 


one dated 16th December 2003 which was made at a Bank in London


which was to be used for purposes abroad. I am a British subject


and live in the UK


 


I had disputed the validity of the document during the proceedings because it appeared that the document was not Apostilled with the resolvent Seal of the Consulate



I took the said document to the High Commission in London


on the 15th April 2014 and it was confirmed to me in writing


by the High Commission that the document was not a "legalised"


document. ( therefore it is invalid and could not be used in a court


of law)




The 2nd Power of Attorney made at the Bank dd 19th December 2003



At the time of signing at the bank in London there was no notary and neither was I informed of the severity of the document as it was in


a foreign language.



My x was asked by the judge if I had read the document and he replied


no he read it on my behalf as the document was in a foreign lanquage




this document was sealed at the High commission in London


for it to be used abroad however after my x husband took it abroad it had been tampered with without my knowledge of consent After it had been sealed and it was subsequently used to create a Bank Guarantee for an unlimited amount of Guarantee to an unlimited amount of money


which the bank abroad are now relying upon for the loans of Euros400,000 for a company. This document by right of law should


have be RESEALED for it to be authentic and legalised to be relied upon further.




Therefore I am not liable and my x is fully liable



However the Judge has now made me liable by giving me a part


of my matrimonial settlement 51% shares in the company that


obtained the loans which my x had 100% shares at the time.



Therefore has the judge now made me liable to 51% of the debt as well


as part of my matrimonial settlement ?



As the judge had always said in her judgement that she wanted


to place me in the position before as if my x had not have acted



This whole thing does not now make any sense at all does it ?




If my x husband had been honest which he was not and if my solicitor checked the evidence which was disputed in any event but was not proved at the time which it should have been and my barrister had not been changed and the appeal for residual costs had not been agreed I would now


be in this precarious position of being liable to non-legalise documents would I ?



The magnitude of my x husband's greed and cruelty goes


beyond belief as he is also has a law degree in international


law-law of contract-economics but is not practising.



He could write a book for the politicians and not only sell it


in the UK but globally !



His conduct is deplorable as he allowed the court to believe


that the documents were valid when in fact they were not


and are not as can now be factually proved.



So everybody connected with this case believed the documents


to be valid when they not in fact valid at all but invalid.



I have a precedent in law to have a reversal of the Appeal


court



I have a right in law to ask the judge to reassess the matrimonial assets and for her to make the reassessment and not for the solicitors to continue to distribute the assets as is the case


at this time for their own self preservation and avoidance


of this case to go back to the court as it as they are saying


my case is over since 2010 but the Judgement was not handed


down until May 2012



Whoe's fault is all of this my x for not disclosing the truth(he also


perjured himself while under Oath and it was proved yet no


penalties were imposed upon him) he was charged £50,000


but htis has since been taken away from me by his Appeals


and conduct to my further costs)



the solicitors for no checking the basics of the evidence act?



my barrister who was a contract barrister of 2 years experience?



the Judge for not asking for evidence of the disputed documents?



the appeal court ?




The level of deceit in this case goes beyond belief and it is


only my pursuit of justice and for the protection of all others


who follow in my footsteps and for the avoidance of this


occurring to anybody else who uses the British justice system


that keeps me going as I have be treated horrendously


and at risk and jeopardy to all my assets and my family


needs have not met or protected. I asked for a divorce I did


not ask to go to per perpetual and never ending litigation


until all my resources were drained !






 


 

Expert:  Clare replied 3 years ago.
Hi
So you accept that you signed it and that you knew what it would be sued for?
Clare
Customer: replied 3 years ago.

 


 


It was not told to me that the document was for a Bank Guarantee


at the time. Neither by the bank or by my x . There was no notary


present to explain as to the severity of the document or ramifications


or what is was going to be used for and the document was not in English either and furthermore it was tampered with after it had been sealed and


for it be valid it should have been initialled by me for any changes


and resealed for it to be a valid document which it was not therefore


it was invalid when it was relied upon for the Bank Guarantee.


 


The tampering changed my name to a derivative


 


I only found out during the divorce that it was used for a Bank Guarantee


and I was never informed of the loans.


 


Next to the derivative of my name also a appeared a number which could related to a National Identity number of that country. I do not have a Naitonal Identity as I am British and only have a UK passport. Having checked the number against official archives of the country it appeared to matched identically to a deceased National of that country.



This could mean only two things either my identity had been stolen



or the bank had been issuing security umbers which matched identically


with National identity numbers with their ministry of interior.



this case is not for the faint hearted



As there was more compounding evidence surely the Powers of


Attorney should have been more closely scrutinised as if I had


known of their existence I would have cancelled them before the


divorce and not in 2011 after the divorce (2010)


 


I did not know anything before the divorce as I was limited


I only disputed them when I found out during the divorce


and cancelled them after the divorce but I cannot cancel Bank


Guarantee unless by further litigation at cost to me.


 


Watt has now been proved is that the Bank Guarantee is being relied


on documents which are invalid. Which I was lead to believe


through the divorce that they appeared to be valid ad which I disputed.


 


 

Expert:  Clare replied 3 years ago.
Hi
Do you accept that you signed it.
If so what did you think it was to be used for?
Clare
Customer: replied 3 years ago.

 


My x told me it was just bank papers and not that it was for use


for a Bank Guarantee.and neither The two bank mangers present


did not explain anything to me and neither was there a notary


present. This alone is cause for a dispute as my legal notary rights


had been violated ad this is what I explained to the court.


 


If this was the case and my x's conduct during the case obstructive


not providing full and frank disclosure and the Judge had said


that she had no doubt that he had been concealing assets


 


He even made 2 Form "'s


 


I took the document recently to the High Commission


and showed to it the consul general who said if it had been


tampered with after it was sealed and was not initialled by me


irrespective of the content then it was an invalid document.


 


Evidence thereupon the document is handwritten changes


to my name which were made into a derivative of my name


and these changes were made abroad on January 6th 2004


when I was in London at the time s the reason why my x


wanted the document signed in the UK was because I could


not go abroad.

Expert:  Clare replied 3 years ago.
Hi
I am not sure any of that is relevant to the matrimonial Case
I appreciate that it may invalidate the loans it was used for - but what is the relevance of that to the outcome
Clare
Customer: replied 3 years ago.

 


Due to the gross negligence of my solicitors to validate that the evidence


produced by my x was in fact invalid. He would not have been able to make an Appeal to pay me a residual amount for any indemnity against any liabilities as he would have been seen to be FULLY LIABLE.



If he was FULLY LIABLE then I should have been FULLY COVERED


and not by a residual amount but by a Full amount.



As he was utilising documents that were invalid since 2003 for all


purposes loan Guarantees. This placed me at risk and jeopardy.


 


There were extra costs to me in the divorce, the Judgement was


based on assertions of the documents being valid and the assets


were distributed on the basis that the documents were valid


when they were not valid at all.


 


This evidence has now caused a Domino effect to other parts


of the Order.


 


During the divorce I asked for a fighting fund non was given.


I should have been given a fighting for the following reason


that if the documents were invalid how could I defend my self


against the bank in a foreign Jurisdiction with no money and


seeing as the documents were invalid.


 


Had the Judge been given conclusive confirmation by my solicitors


that the documents were invalid and in writing from the High Commission


as I now have she would have given me a fighting fund as part of the


existing Order but this did not happen as my solicitors did not act


in best interest and left the Judge to make assertions.


 


This means any money that I have been given for family needs


is now going to swept away with lengthy legal battles abroad


therefore how have my family needs now been met?


 


A piece of land that I was entitled to receive half is now being


sold to repay all the bank for loans that did not apply to me as the documents were invalid.


 


My x who took the loan money has spent it and will not say


where it has gone. Part of this money has gone to his offshore


company.


 


Why should I have had to subsides these loans from share


of the matrimonial settlement ? when I was a victim of deceit.


 


If the bank should take this further as the money that they require


is more than the asset being sold them my inherited lands


which the Judge said I should keep may be at risk and jeopardy


if the bank foreclose to retrieve the loans or they will repossess


the land which I have bee given by way of 51% share by the court.


 


In effect I would have not got any thing from a division of assets


abroad based on invalid documents.


 


How am I going to live as my family needs would not have bee met.


 


There was supposed to be kept back an amount for indemnity


against the former matrimonial home however at this time there


is no money being kept back. He has placed his legal fees on the


property, when he has other business.


 


My argument on this is that his legal fees should now be lifted


and for this amount £300,000 to be given to me as a fighting fund


and cover for any liabilities he has caused me by his actions that


have repercussions and financial ramifications to me personally.


 


He as the chargor of his legal fees placed on the home should now


forfeit his right due to his conduct as he and his solicitors presented


documents that were in fact invalid to divert the course of justice


which undermined the Judge's decision of the Order.


 


Needles to say that this case could have ended in 2010 and I would


now be writing this letter. As if my solicitors had acted correctly


He would not have been left in control of the joint assests to


dissipate,devalue, and default on the joint assets ad I would have


been given a fighting fund.


 


It aslo goes without saying that there are repercussions not limited


to just the guarantee therefore 4 years of extra litigation ....


Appeal - enforcement hearing costs - and other legal costs which


I have incurred when I should not have incurred this costs


at all.


 


Now I have to make an application for a Reversal of the Appeal


court Judgement for FULL INDEMNITY against their decision


for a residual amount for my PROTECTION as I am a risk and jeopardy


to amounts of money that are not all known at this time and as there-is no money being kept back for this.


 


All this has happened by the inept behaviour of my solicitors to do their


job to start with as only now can it be seen when I try to implement parts of the order which make it impossible for me to do as I am not liable


and it was based on that I was liable.


 


Util I complained they kept saying my case was over and have


left me to fed for myself which is unjust and fair to further loss of my settlement and family needs until eventually all my funds will run out.


 


When my x has other businesses to rely upon with a steady stream of income for the rest of his life but I was reliant on these divorce proceedings for my future security and have no stream of income


and have reached a pensionable age. He has ruined my credit rating by his defaults on the former matrimonial home because he was left in control even though his income and expenditure do no match his current


lifestyle and which were disputed to be inconsistent.


 


He has caused me all sorts of problems that he would have been in


a position to do had the evidence been validated during the proceedings


once and for all in 2010.


 


Therefore are immense spin offs by his actions


 


So it therefore most important that the issue of my question


is answered even in general terms .


 


 


 


 


 


 


 


 


 


 

Expert:  Clare replied 3 years ago.
Hi
I am sorry but actually none of that amounts to grounds for Appeal since it appears what you are actually saying is that as a result of your Solicitor's negligence the wrong facts were put before the court.
This is NOT grounds for Appeal - it is grounds for a claim against your solicitor
The simple fact is that this is information that could have been available to you at any time had you visited the High Commission
In addition if it is not valid then you are not liable for those debts and accordingly the settlement can stand.
I know that this is not what you wish to hear but it is what I take from the information that you have given me
HOWEVER - and it is a big one - the appropriate way forward is for you to instruct a Public Access Barrister to consider all the paperwork and advise you in the various options available to you
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Dear Clare


 


I thank you for your response but I was in effect questioning how


the Judge arrived at her Judgement ? based on the evidence before


her ? which was not proved at the time


 


Material proof in respect of the validity of documents produced has now been found that it was invalid but the case has ended. Because the Powers of Attorney were discussed at court during the divorce proceedings does this now mean that the Judge make her final Judgement whether the Powers of Attorney were valid or invalid
and irrespective it did not make any difference to her Judgement in respect of the Final
Judgement Order and does this now mean it did not matter whether the documents were
VALID OR INVALID it makes no difference ?


Expert:  Clare replied 3 years ago.
Hi
Without reading the Judgement in full I cannot say whether the issue was addressed by the Judge or to degree of relevance given to it
However the fact is that a Judgement (indeed a series of Judgements) has been made based on the evidence before the court and unless you can show that the new evidence could not have been available at the hearing - which you cannot since it could have been - then I am afraid that it cannot be revisited
Clare
Customer: replied 3 years ago.

 


I was denied under the statute of limitations as I looked to my solicitors


for a reasonable expectation of service and trusted in their decisions


I did not know at that time that I was supposed to get further evidence


after I had disputed the documents which my x presented my self


as nobody told me therefore how could I have known? It was essential


and they should have acted but they did not. If they had acted the


evidence could have been presented to the court at that time


in 2010 and a chain of events which was created later could have


been avoided


 


At this time time I am being forced to sell my home of 22 years at rock bottom in a Bouyant market by £300,000 less simply


to pay for their legal fees and the mortgage arrears which he was allowed control over even though his evidence was considered with extreme caution by the Judge and his legal fees which are unfounded


as he perjured himself and it was proved and he presented invalid


documents leading the court to believe that they were valid and gave


false accounts



As it stands the firm have left me with no money to defend myself


against liabilities as they are residual amounts of compensation and no money to defend myself against their negligence either



they will not allow me to leave as they say I have to pay all their


legal fees otherwise they will not release my files even though


they know my case was conducted on credit



If I stay nothing is done I face unlimited Full liabilities in the future


and I could potentially be left destitute.



Customer: replied 3 years ago.

 


Finally Clare I just have the following point to make:


 


THAT AT THE TIME I WAS LIMITED TO THIS KNOWLEDGE


AS I RELIED ON MY SOLICITORS ADVICE AND TRUSTED THEM


AND AS THEY DID NOT MAKE FURTHER CHECKS I


BELIEVED THEIR DECISION TO BE THE CORRECT LEGAL


DECISIONS AND IN MY BEST INTEREST AT THE TIME


THEREFORE UNDER THE STATUTE OF LIMITATIONS


I HAVE A CAUSE TO DEFEND MYSELF AND SEEK THE PROTECTION OF THE COURT.


 


IF I AM NOT LIABLE THEN HE IS FULLY LIABLE


BUT NOT LIMITED TO THE BANK GUARANTEE


AND TO PAY ME FULL INDEMNITY AGAINST ALL


LIABILITIES THAT HE CREATED FOR ME WHILE USING


DOCUMENTS THAT WERE INVALID AND ANY PERCUSSIONS


AND RAMIFICATIONS OF SUCH ACTIONS AGAINST ME.

Expert:  Clare replied 3 years ago.
HI
As I said - what you are saying suggests that you may have a claim against your solicitors - it is highly unlikely that you will be able to reopen the settlement
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Judges Judgement information


 


1)At 40)The Judge said on the issues of the Powers of Attorney


"it must remain an open question"



Therefore my current findings could be admissible



2)The Judge also said that she saw no valid reason


why she should not start the settlement at a 50-50 split


at that time.



Perhaps if my solicitors had checked the evidence that I had


disputed the settlement would not have started at a 50-50


but more like 75 me and 25% to him.



These are just a few points which display my settlement


was compromised but more importantly how the judge was


undermined

Expert:  Clare replied 3 years ago.
Hi
Actually what that comment means is that she did not see the issue as being crucial to her decision; and in fact the starting point is always 50/50 except in exceptional circumstances generally related to who originally owned any substantial assets - so no the starting point would have remained the same
Clare
Customer: replied 3 years ago.

Dear Clare


 


In the Appeal Judgement it says that he must pay me a residual amount


but he has now been found to be fully liable.Therefore I am not liable


so I should be fully covered for any actions he has taken while in possession of such Powers of Attorney over me which were/are invalid.


 


In the Judge's Judgement it says that upon the release of the Petitioner


from the loans of the named Bank that I am to give back my 10% shareholding of the Family business (with no share value given to me)


where I worked for 18 years.However on two points If he was fully liable


why should I loose my 10% share worth ? and secondly he still does not release me from the liabilities and the bank now want all the loan money in full which I am not liable. However , the Judge awarded me a 51% share in a foreign company (entity)which actually owes the money as he


was the 100% shareholder before the divorce and I was supposed to be the alleged Guarantor which I did not know until the divorce proceedings as the document was read by him and not explained to me by the Bank


in the UK. However the Appeal court have only said if any


other Powers of Attorney should appear then they would be considered


as a Fraud. But they did not say that if he used the appeared documents


with any other bank either in the UK or abroad that I would be covered


for any liabilities and neither did the Judge in the case. Therefore there


is a risk to me.


 


If there are any other liabilities which have been procured under the existing invalid documents then I am at risk and jeopardy as these are not covered in the Orders due to the fact that the documents were not seen to be invalid when the Judgements were given either by the Judge nor the Appeal Judges as they said he should only pay me a residual


amount in connection with a specific bank and not All banks or lending institutions in the UK or Abroad. In the Guarantee it is mentioned


that the Guarantor is Guaranteeing the Company and or associated


companies and or associates associated with the company ! therefore


the Guarantee is for an unlimited amount of liability.


 


Further to the Judge's drafting of the Judgement 2010-2012 he was allowed by the Judge to make restructures in respect of the loans


only with my prior approval . I was against this as he simply created


further burdens and he had stopped paying the loans and was defaulting.


 


From the moment he was aware of what the Judge was going to award


me he stopped paying for the loans 2010-to the current date. the Judgement took one year and two months to be Sealed and was not


handed down until May 2012. and then changed at the Appeal for residual liabilities.


 


If the Judge was aware that the documents were not valid would she


have given him the right to make restructures? He was not supposed


to burden the company either . He chose an accountant at exuberant


rates without my permission in violation of a court order at the cost of Euros10,000 to make up accounts which he should have made up inception of the company a period of 10years which should have cost


around Euro 500.per annum for non trading companies which it was supposed to have been. I am being now pressured to sign for these


accounts that I cannot validate to be correct or incorrect as all disclosure


has not been provided to me by him and neither will the bank give


me this disclosure even though I am now the 51% shareholder and


director. My x will not sign any indemnity which I have provided either.


 


I have had immense problems on many issues and at this time I have


been made liable by a 51% share in the company when I was not liable


before the settlement as the entity now owes the money. He was asked to sign for the accounts but he will not sign unless I agree to sign as well.


 


 


He also stopped paying for the former matrimonial home mortgage well


from 2010 to the present date.


 


He has been allowed to drain the family business and take loans


thousands while saying the business is not doing well


He has been allowed to restructure the said Bank loans abroad


and increased the debt by Euros50,000 and therefore my alleged


liabilties


He has been allowed to forego paying the mortgage on the home


He has kept the offshore company assets which have appreciated


in value by saying that the company was secretly transferred to his brother during the proceedings with concocted documents



The Judge said she would dismiss his application for an Appeal but he made one anyway and out of time and placing me into further jeopardy by only paying me a residual amount.



Are these the actions which merit a 50-50 Split as he commenced


most of the depreciation of all joint assets from the moment he knew what the Judge was going to award me in the draft settlement proposal


which took such along line to be Sealed (one year and two months).



If this man was considered with caution then what due caution did anybody take to protect me? as I have very little joint assets left


increased legal fees of around £150,000 since he was aware of what the Judge was going to award me. An Appeal which made to pay me a residual amount whilst he will not release me from the liabilities and


only he has to pay me a residual amount while everybody was lead to believe that the documents were valid otherwise how could they have arrived at such a decision? and where does this now leave me to fight off a specific single bank and not any other banks not disclosed as the Appeal was limited to just a specific bank.



Should I now not be made fully indemnified from ALL OTHER BANKS and not limited to just one ? as if there are other banks not declared then where does this place me? to fight of other banks and further endless litigations with the little money that I have been given as my future needs ? I have not even been


given a fighting fund for this specific bank in any event under


the existing Order. How will I cope if there are others?



By allowing him to dissipate devalue and default he has


drained anything which I had an interest in under the Order.



The Judge also said that she had not doubt that he was concealing hidden assets if his actions were not honourable


to start with and I was given a freeze injunction why did the court


allow him such leeway for his conduct to dissipate,devalue


and further default on the Frozen assets ? over a period of 7 years


and tolerate his conduct without severe penalties being imposed?






 

Expert:  Clare replied 3 years ago.
Hi Elizabeth
I am sorry but my answer remains the same.
Indeed it appears that the Courts did not trust your ex at all - which means that the order that was made reflects that assessment
Clare
Customer: replied 3 years ago.

Dear Clare If the court did not trust him at all then why did they leave him


in control of the joint assets during the drafting of the order one year and 2 months and after the decree was made absolute June 2012 to the present date May 2014? is this not an error of judgement as I have had my assets devalued by his actions ad only to be paid a residual amount but only for the loans abroad limited to one specific bank, and not the house in the UK



What protection did the court afford me while I am still at risk


and jeopardy for his actions from other banks which has not been


covered in the Order or by the Appeal courts

Expert:  Clare replied 3 years ago.
Hi
I am sorry but I cannot comment on that although it should be in the lengthy judgements which were handed down
Clare
Customer: replied 3 years ago.

Dear Clare as the Appeal Court passed a Judgement for him to pay me a residual amount against only one specific Bank. I produced a Statutory


Declaration for him to sign (indemnifying me against any other banks


that the company may have had dealings with or were being covered


by the alleged Guarantee)before I was asked to sign for 10years of


accounts of the company which I was awarded shares 51% and had no knowledge of the company's financial affairs and neither was full disclosure given to me either and as the Judgement did not cover


me for other banks either nor did she know the full constitution of the


company when the shares were awarded to me and as my x had


refused to sign the declaration which I precautionarily made myself


to try and cover myself from in this event .If he knew there other banks he did not sign, if he knew there were no other banks he did not sign


either way . why not if he had nothing to hide ?



Now I am in the position of only having a residual amount to be given


to me for only one specific bank when there could be more and as he refused to sign the indemnity Statutory declaration against other banks this is highly ambigious



I am now as the 51% shareholder being asked to sign for the accounts


with limited knowledge which the court awarded to me and do not know if the accounts are correct or incorrect and I believe he should have signed for all the company's accounts until the hand over of the shares April 27th 2013 which he is refusing to do only if I also take responsibility.



Therefore I could in effect be placed into further jeopardy that I had nothing to do with prior the divorce settlement.



The Bank who hold the numerous accounts have denied me access


to all the accounts even though I am now in charge of the financial


affairs and have said that they are relying on the document dd 19th


December 2003 which I have now found to be invalid.




As there is no doubt now that irregularities have occurred


I am being placed in a very difficult position and am not being


protected enough by the court as the documents were presumed


valid which are now invalid and there is no cover for me from any


other banks that may arise out of the Guarantee for example


subsidiary companies which the company is associated with


which has not been disclosed as part of his hidden assets which


the Judge has said that she was in no doubt that he was concealing


"hidden assets".



If he is hiding hidden assets these have not been mentioned in the order


and that I should also get 51% of these if they are found. It now appears that I am 51% liable under invalid Guarantee documents to the company which can be seen when he was 100% before I received the settlement


of 51% shares. 27th April 2013 (one year a 4 months after the Sealed


Order due to his constant obstruction).




The Reason why I wish this case to go back to the Appeal for


a Reversal of the "residual payment" is that there could be other


Banks which have not been covered in the previous Judgement


and or the Appeal court Judgement.



As the courts have placed me in this position it is only fair


that they rectify this as I may now be liable to 51% of all the debts


of the known company and 51% of all other associated debts


which have not been declared with other banks as well.



Due to the character and nature of my x husband which has been


portrayed to the court and the Judge's assessment of his evidence


it goes without saying why I should be further protected as this


is not the case at present. I am exposed to all sorts of further problems


which could occur to me through no fault of mine.


 


All I have at this time is whatever he chooses to leave as he is in control of all the joint matrimonial assets and he is defaulting. If anything should


now appear I will only have the money I have to live on for my future


security to defend myself against any other litigations with any other


banks as the court have not accounted for this scenario


 


Therefore my future needs have not been met at all as the my future


looks very bleak from where I am standing. He on the other hand


has other businesses to rely upon for a constant stream of income


I do not.


 


 


This is an evolving case and there have come to pass further evolving


issues which only the courts can now sort out. If these issues are just


left then I am at imminent financial risk and jeopardy.


 


My solicitors were negligent in failing to act sooner to bring the irregularities to the attention of the Judge and said that my case was


over 2010 but the Judgement was not sealed until May 2012


and there are still irregularities occurring. They thought that if they


leave things as I am the "winning party on paper" that it would all


sort it self out. This is not the case all as I will be the only person


to loose if they do nothing and I face imminent risk and financial jeopardy


on all flanks if they do nothing to bring this case back to the attention


of the court for a review.


 


May thanks






 


 

Expert:  Clare replied 3 years ago.
Hi
You can only go back if you can prove there are other `banks involved - until then you cannot do so.
You are correct in that if he wishes you to sign off on Accounts then you are entitled to see all the financial information - but that is NOT a matter for the Family Courts
Clare
Customer: replied 3 years ago.

Dear Clare there is an expectancy that he has other banks as he drained


off millions from all the accounts at the commencement of the proceedings


and it is hardly expected that he keeps all the money is a suitcase.


 


Furthermore he has not signed the Statutory declaration which I was


caused to make as the court did not protect me enough providing


for indemnity against other banks therefore there is reasonable ambiguity as to why he will not indemnify me if he has no other banks and why he would go to the Appeal to get residual verdict.



the Judge also adduced that he was in habit of signing documents


on my behalf without my prior knowledge



there is undoubtedly a reasonable cause for my concern and as the


documents have now been proved to be invalid if I fight this decision


then it means I am not liable but he is fully liable but if he used


the documents which were invalid does this also mean he gets away with all the loans he took from all banks as well and the money he took and


has dispersed while I pay from my maintenance fund to defend myself.



If I dont then I could be considered liable



Is this fair as his loan money should now be considered a hidden


asset at least the one which we are currently aware of.



the Bank accounts display far more money than is being displayed


in the draft accounts.


 

Expert:  Clare replied 3 years ago.
Hi
I am sorry but again this does not change my answer
Clare
Customer: replied 3 years ago.

Dear Clare ,


 


After further investigation of my case :


 


It appears that my legal team were well outside of their own area of expertise. As my legal case, may have started as a Family Law Case. But soon involved many areas of Business Law and International Law. In particular EC Law. My Legal Team, should have referred the case to a Legal Team capable of dealing with these areas of expertise. However, they appear to have seen me as a "Cash Cow", and instead continued with the case and literally black mailed me into continuing with the case for at least 40 months, beyond their area of expertise. With regards to Professional Ethics, they would have failed an ACCA P1 Exam, or other equivalent professional body exams.

Further, it appears that they may have put your case to a Judge, who may also have been outside their own area of expertise. Although the fault, here, again is with my Legal Team.


 


After bringing this to their attention they have still failed to act.


 


Further to my original question it has now been established that


the Judge used her discretion based on the evidence presented


before her and not on the validity of the documents and which have now been proved to be invalid.

I should now forward this email to charities that support women like myself, which have suffered an injustice. As this, case, is not just an injustice to you and your family. But is also, an injustice towards the millions of women both in the UK and Abroad. Who support their husbands, in my case for 34 years. Raised 3 children, brought a very valuable mortgage free Central London family home to the marriage. Supported your husband while he was an O Level Law Student and right up to completing his LLB i.e. Law Degree in a top London University Law School.