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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Good evening,I have received an affidavit from my ex

Customer Question

Good evening,I have received an affidavit from my ex partners solicitor, which has also been submitted to court. The affidavit was requested by Judge during small claims court hearing, where my ex partner is 1st defendant and I am 2nd defendant.Upon reading through the affidavit, I've spotted several incorrect dates, incorrect information as well as missing information. On top of all that, I do not agree with some of the statements and conditions set out by my ex partner in the affidavit.Court application has now been re-listed.Please advice how should I proceed? Do I need to inform my ex partners solicitor, inform court or wait till the court day?Many thanks,
Regards,
Lidija
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion first.What is the nature of the claim and are you and your ex also at odds with each other within the defence?
Customer: replied 1 year ago.
Dear Clare
Thank you for your response.
My parents paid £10,000 deposit for our house.
Customer: replied 1 year ago.
Dear ClareSorry I did send a message but did not finish it.Please see court order attached and I hope this will be helpful for you.RegardsLidija
Customer: replied 1 year ago.
Dear Clare
Also please see my ex partner affidavit attached.As I said already I've spotted several incorrect dates, incorrect information as well as missing information. On top of all that, I do not agree with some of the statements and conditions set out by my ex partner in the affidavit.Thank you
Lidija
Expert:  Clare replied 1 year ago.
What are you actually asking the Court for?
Customer: replied 1 year ago.
My ex partner wasn't agree to repay deposit money to my parents.They have applied to court to recover this money.After all he was agree to repay this money but asked for all net proceeds.I was agree.I must transfer house onto his name,which is fine.
As he did not follow the tomlin order shedule I did ask court to vary the tomlin order this was dismissed but judge ask my partner to do affidavit to prove that he can get mortgage and will have money to repay deposit money.
Hope this helps.
Expert:  Clare replied 1 year ago.
Why did you not apply to enforce the Order by way of a sale?
Expert:  Clare replied 1 year ago.
What were the terms of the 2015 order?
Customer: replied 1 year ago.
Dear ClareWhy those terms are so important?We did apply to enforce order terms,we had another order from court that my ex partner shall put house on open market as he has his right to buy this house,Judge just ask him for Affidavit.
As we mentioned yeasterday I spotted some mistakes in his affidavit.What I need to do now.
Also by court order he must repay £50 court fee till 21/08/15 but I did not receive it.Thank you
Expert:  Clare replied 1 year ago.
I ask because it is clear that you have been disappointed in the approach taken by the court and I am trying to understand the orders that have been made to help you find an effective way forwardHowever based on what you have shown me your starting point is to write to the solicitor pointing out the errors in the statement.If you have evidence that backs up your position then send copies.In respect of the hearing prepare a short statement with those letters as exhibits and at the hearing ask permission from the court to file it.I hope that this is of assistance - please ask if you need further detailsClare
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
We are not disappointed at all as my ex agreed to repay deposit money. I am in very good relationship with my parents. It was my parents solicitor who advised to apply to small court to recover deposit money.
I understand that I need to tell his solicitor that they made mistakes in affidavit - 1st - tomlin order date is 06/05/2015 not 06/05/16 and this error made twice. Also their copy is from Selby council which is right but affidavit shows that York council. In this affidavit he did not mention boiler loan I know that loan is on his name but I am sure that this need to be stated in his affidavit too.
I just wanted to know what I need to do with incorrect affidavit.
Could you please tell why court hearing have been relisted if this is a possible. I was sure that after my ex partner affidavit I will sign transfer of deed ,will receive a money and happy days. My family just want to finish all as we dealing without solicitors.
Thank you
Customer: replied 1 year ago.
I hope you can see my last message.
Customer: replied 1 year ago.
Dear Clare
Sorry but I need more assistance with this.
Do I must to write to the solicitor pointing out the errors in the statementas soon as possible?Do I need to let court know that I am not happy with affidavit.Please aadvice.
Customer: replied 1 year ago.
Dear ClareCould you please advice on it or forward my message to a different solicitor for second opinion.I really need to get this right.Thank you
Expert:  Clare replied 1 year ago.
My apologies for the delayYou should write a clam and concise letter setting out the errors as in "Paragraph 3The correct date is etc etcParagraph 5The correct ......"The court is obviously still concerned about how your ex will deal with his financial responsibilities and that is why there is another hearing - to make sure that he doe snot drag things put any further
Customer: replied 1 year ago.
I would like to work with a different Expert.It is second night there and I am not satisfied with your response,sorry.
Expert:  Clare replied 1 year ago.
I am not sure what more you need but I shall happily opt out.However for clarity1. The matter is ongoing since your ex has not yet produced the money. He was asked to file an affidavit to show the court that he can raise the moneyand give you a time table. If the court is not convinced by the contents then the Judge may still order an immediate sale.2. If there are errors on the affidavit you need to point then out to his solicitors now, and then have a Position Statement for the court identifying those errors and confirming that al you wish is to be removed from the mortgage and for your parents to receive their money
Customer: replied 1 year ago.
Dear Clare
Thank you for your message.
I do understand what I need to next now.I hope I can ask more qeustions related to this topic.
Thank you
Expert:  Clare replied 1 year ago.
Of course - ask whatever you need to ask.
Customer: replied 1 year ago.
Do I need a Position Statement to send to court as soon as I can .Also do I need to send this statement to my ex partner's solicitor too.
Could you give me your feedback regarding their errors in affodavit.
Sorry if i sometimes do not state clearly my position as English is my second language.Upon reading through an Affidavit, We would like to point out that there are several errors and also missing information.1. In paragraphs 6 & 10 are incorrect dates : it is stated that Tomlin order dated 6 May 2016 and this is not true, Tomlin order date is 6 May 2015.2. In paragraph 7h. has incorrect information : it is stated that York City Council and this is not correct as it should be Selby District council.3. Missing information: Mr M Socha did not mention in the Affidavit that it was taken a loan for heating in the property. Could your client explain why he did not tell in Affidavit about this loan.On top of all that, We do not agree with some of the statements and conditions set out by your client in the affidavit.1.Could you please provide bank property valuation as we have concerns regarding house valuation of £110,000. Do you have this paperwork or do we need to ask this directly our mortgage provider?2. We would like to make sure that deposit money will be repaid in timely manner. As such I would not be willing sign transfer documents until you will be able to confirm that money is in Simpson Millar accountMoreover, your client did not repay £50.00 court fee to me as yet. This fee should have been repaid by court order till 21/08/15
Expert:  Clare replied 1 year ago.
OK3 should read No details of the loan for heating have been given. Please provide these.Then the next part should saya. Please provide a copy of the valuationb. Please confirm that you will hold the TR1 to my order until payment has been released to my parents.c. Please forward the £50 court fee as soon as possible.You need not send the Position Statement until a few days before the hearing

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