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Joshua
Joshua, Lawyer
Category: Law
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Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Customer Question

Is it possible to appeal a civic case 1996 Slough County Court. 1996 Case no(NNN) NNN-NNNN
on the grounds that my solicitors completely ignored vital evidence that the solicitor I was suing assigned monies from a potential mortgate on the 19th January 1990 to my ex husband's business when I did not sign morgage papers until 29th January 1990, said solicitor was found negligent. I was coerced into signing mortgage papers as my husband said the tax people would come after to me for his tax bill and sell our home. I have since found out that this was untrue. He had paid tax bill one year before. Judge Haig and Mortgage barrister agreed that it would have happened anyway on the basis that tax people would have taken my home. Judge Haig opened the case saying 'This not an O'Brien case' this case will not go to appeal. (famous case similar to mine that went to the House Of Lords, Mrs O'Brien won and Judge Haig's judgement was overturned. Judge Haig and Barrister for mortgage company CIBC were in the same Chambers; Judge Haig was head of Chambers). Tax people would not obviously, have taken my home. Solicitor that I sued addressed all mortgage documents to an address in Reading, signed as a witness against my name and claimed he was my solicitor ( I had never met him, spoken to him on the telephone or recieved any communication from him. I did not learn of his existence until two years later). I asked my solicitor before we went to court how it was possible for him to pay my ex husbands bankers before I had signed a document. I was told that that a form he mentioned in a letter to my husband allowed him to do that. I accepted that, but was still puzzled as to who owned the money and what if I refused to sign or had been run over by a bus. My Barrister whom I was assigned to two months before trial and met twice dismissed me and refused to listen to anything I had to say. 2nd day of trial she cried on my shoulder and said all the males involved in the case were against her because she was a woman. I tried to reassure her and helped her dry her tears. She gave me no advice, but she did say that morning as she cried 'Oh Mrs Hayward please give me a list of your most important points tomorrow morning' of course I did that listing the fact that the assigned mortgage money which sat in the solicitors office had been paid to the Nat West Bank without my knowledge one week before I signed the document (this document held no information of their terms, which were horrendous. My ex husband came to my place of work late one evening and said I had to sign now and if I didn't tax people would repossess me. I pleaded for time as I had seen a solicitor for advice as to whether I should allow my ex to remortgage our home. He said time was up. I had rejected a remortgage offer from Barclays Bank 3 months before, stating I would only allow it if it was a building society after I had taken legal advice, as I didn't trust banks, it was, at time reported in the press, that banks were offering mortgages with assigned insurance - which I didn't believe in or trust). I only wanted, if my legal advice allowed, a simple repayment morgage with a trusted Building Society). I now realize that this forced my ex to go underground and trick me into signing a legal document. We had a trusted lawyer for years, who in the past always insisted that we both had to go into his office and sign said document in front of him. just after I signed (about two months when I hadn't heard from him - my father was dying and so I was distracted) I rang our lawyer and asked when was I supposed to go to see him, as I had signed an application for a mortgage, but had heard nothing since. He said I'm awfully sorry Brenda, Rowland didn't use us, he went to another solicitor! I asked him who he had used he said he didn't know.) I was still not suspicious, I trusted the man to whom I had been married to for 23 years. I did not know how to contact him, I did not know of his whereabouts, he was out of our lives. About 18 months later I had a letter from the mortgage company saying they were sueing for non payment of mortgage money which invoked a massive hike in interest rates upto 17% and I of course was into court for repossesion. I was in the dark for years until I managed to get the file from the solicitor who handled the re-mortage paying £25.00 for copy of the file. There was a temp on duty his secretary (his wife) was off sick and so the temp gave a full copy of the file and there it was, all documentation addressed to another address in Reading. Where my husband resided with his girlfriend. Never if I was able to read the small print would I have signed that DOCUMENT
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Have you only recently been able to obtain this new evidence please?

Josh-2010 :

Was the original case against your ex husband?

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