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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was divorced from my husband in 2003. My solicitor and the

Customer Question

I was divorced from my husband in 2003. My solicitor and the barrister failed to acknowledge that my husband who had been a director on a company transferred his company share to his father and two brothers. The company is still in business. My father has told me that my lawyer team should have listen to me and have brought the matter to the judge but they did not. Do I have a claim against my lawyers for failing to carry out my instructions? At the time, a great deal of pressure was being placed on me as it was late in the day and the lawyers were pushing me to make a decision on the settlement. I live in the UK. Where the matter was decided. Tracey XXXXXX (Miss)

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I shall do my best to help you but I need some further information first.
Did you actually agree a Consent Order?
Is the written evidence that your solicitor was aware of this but said it was not relevant?
Claire
Customer: replied 3 years ago.


Yes I did and to be honest I had no real idea what I was signing. It is only now that my father who was with me has now said. It was he who brought the matter to the lawsers attention but they refused to acknoweledge him. He was there to support me

 

The email address is my fathers:[email protected]

He has used your servies before and when he puts in his email it comes back saying this email has been used before.

 

Please use this email

 

Customer: replied 3 years ago.

 


The solicitor would mot even acknowledge what I had said. It was if she was avoiding the question. She kept saying it was late and the judge wanted an answer. I was under a lot of


pressure

Customer: replied 3 years ago.

Im am getting a little anoyed. The email is my fathers. He has used your serices before that is why you have his email address. Please answer my question using my fathers adress.


Thank you.

Expert:  Clare replied 3 years ago.
Hi
I am sorry for the delay but sadly sleep was a necessity.
Was this at the Financial Dispute Resolution hearing or at the Final Hearing?
Had Forms E been exchanged and why had the matter not been noticed before?
Claire
Customer: replied 3 years ago.

Likewise. I am sorry for my last response., It was the Final Hearing. I was given no paper work so the answerer is no to the E form. Is late in the afternoon and the solicitor and barrister were pushing for me to sign something. Thr barrister wrote something very quickly which I believe I signed not too sure. The ysaid the judges wanted to go home and was getting annoyed for the delay.


It was my father who brought up the subject after reading about it in a paper. It was he who kept telling the solicitor about my ex husband being a director on the family company and he gave his shares to his father and brothers. But the solicitor would not even speak to him. I know they heard what he said as they looked at him when ever he brought up the subject, The solicitor was back and forward across the corridor speaking to the other sides lawyer, it went on and on. At first my solicitor wanted me to accept £25000 as a settlement. My fathers kept telling me to say no every time they kept increasing the figure and I said no every time. My ex husband was and is a wealth man. He swore to me I would not get a penny of his money. I have a son and he is the Father. The final settlement I believe was 80% or there about.

Expert:  Clare replied 3 years ago.
Hi
For it to be a final hearing there would have been months of exchanging paperwork - Starting with a Form E each and then exchanging acres of paperwork - all in the moths before the day?
Claire
Customer: replied 3 years ago.

Yes there were. My father went eith me every time I went to court. I am having difficult remembering all. But the final case is as I explained. I trusted my solicitor 100% and I now have my doubts as she always injored my father.

Customer: replied 3 years ago.


YES

Customer: replied 3 years ago.

I answered this question. i am sorry for my errors.


 


Tracey

Customer: replied 3 years ago.

Yes there were. My father went eith me every time I went to court. I am having difficult remembering all. But the final case is as I explained. I trusted my solicitor 100% and I now have my doubts as she always injored my father.


 


YES

Expert:  Clare replied 3 years ago.
Hi
My apologies I have been off line today.
I do understand what you are saying about the hearing - but we have to look at what happened before as well.
So there had been a lengthy exchange of information - had your father also seen this.
What was the percentage division of the declared assets?
How much do you beleive his interest in the company was worth?
Claire
Customer: replied 3 years ago.

No my father does not and nether did I. At the time I was on the verge of a nervous breakdown I had no idea of what was going on. It was only when my father stepped in. Even then they would tell him nothing. My husband then stopped paying the mortgage as he said I would not get a penny of hi.s money. My parents paid the mortgage to stop the property being taken back by the mortgage company.

At the final hearing I with my father my solicitor and a barrister.In a room across from where we were my husband and his solicitor. My two lawyers kept going across to the other side and come back with an offer from them. It started at I think £25000. This kept going on backwards and forwards. A couple of times we went into the court and out we came as I would not accept the officers. They finely offered 80.3% I think which I excepted. However there was also a brand new motorcycle that I owned which my lawyers would not acknowledge worth £25000+ which he had and also he sold his company shares to his father and brothers. He was a direct on the company several weeks before the hearing as my father checked and next thing he was not.

.

The company is still trading as S&P Brisley Ltd , Highfield Ind Estate Folkestone Tel XXXXXXXXXXXXX. I believe this company are the owner of all this trading estate. It has to be worth several millions. This company has the contract for all the authorities in Kent for the serving and maintenance of their vehicles. I know this as my father was at one time a county councillor on the Kent county council. He was the vice chairman of the property, supplies and servicing committee who awarded these contracts. He was responsible for the award. He was asked to visit my father in law who was the chairman of the company who wanted to who would get the contract. He said to my father your responsible for these and remember we are family now as at the time I was employed by the company.

 

He would have at least quarter share if not more. How much is the company worth. I do not know but it has to be in the millions.

 

It is my father who is encouraging me to seek action he is not well he has Parkinson's and he is a war pensioner as he career was in the military. He is 70 years of age. He is prepared to stand up in court and swear on oath what he knows.

 

My husband bullied me throughout our 11 year marriage. Our second son drowned in the bath. Our first son was still born and I was never forgiven. I was put through hell. My lawyers should have advised me about everything. But they did not. I had several meeting with my lawyer but there was never anything in writing given to me or just what I should say.

 

That is about it.

 

Tracey

Expert:  Clare replied 3 years ago.
Hi Tracey
Do you mean that you received 80% of the matrimonial assets?
How much did that amount to?
Claire
Customer: replied 3 years ago.

I did not see any money at all. The solicitor must have had it. I found a house so that must have beem paid for and apart from that I do not know. My solicitor did everything. At the time I was going through a very bad time. I had custdoy of my son and my ex husband continue to harras me.
I am sory for this reply but that is how it happened. The reason I have come to you with my fathers support. Had it not been for him I would have got nothing

Tracey

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth?
Did you need a mortgage?
Claire
Customer: replied 3 years ago.

The house is worth £124K I did not need a mortgage. I now realise the money must have been held by my solicitor from the sale of our bungalow.


I have to be honest I had no real idea what was going on. I have not seen any deeds to my property.


 


I must sound stupid but that is the truth


 


Tracey

Customer: replied 3 years ago.

 


The house is worth £124K I did not need a mortgage. I now realise the money must have been held by my solicitor from the sale of our bungalow.


I have to be honest I had no real idea what was going on. I have not seen any deeds to my property.


 


I must sound stupid but that is the truth

Expert:  Clare replied 3 years ago.
Hi
So you got a mortgage free house (and don't worry you don't sound stupid)
How long had you lived together?
Claire
Customer: replied 3 years ago.

11 years

Expert:  Clare replied 3 years ago.
Hi
What capital did you bring to the marriage?
Claire
Customer: replied 3 years ago.

What has this got to do with my primary question.?


 


My husband was a director on a company during our marriage.


.I divorced him for cruelty. He gave his shares To his father and brothers as decided by his father to prevent me from getting part of his share in the company


 


This conservation has been going back and forward now for two days plus. Can I please have a definitive answer.


 


My solicitors failed to carry out my instructions by failing to put before the judge that my husband got rid of his shares so as to avoid me having part of them. My solicitor and the barrister should have told the judge. They did not.


 


Tracey

Expert:  Clare replied 3 years ago.
Hi
I am sorry but any claim that you had against your solicitors would have to have been brought within six years of the event - so you are out of time EVEN if any claim was once possible.
You cannot rely on the fact that you have only just become aware of the possibility as you have very clearly said that your father was with you at Court on the day - so this is not new news.
However rather than simply give you such bleak news I was hoping to try and identify whether or not you would have had a claim at all even if the time limit was not a bar - and to try and identify any other action you may be able to take
If you need further details do please ask
Claire
Customer: replied 3 years ago.

I do believe there are circumstances when the six years have expired can be put aside. I have never seen the deeds to my property. I now have just received a bill from the legal aide people I owe them £500. I never received a penny from my husband although I was given 80%+ of total assists. Why at the end of all this I becomes the looser . It is quite obvious my lawyers were there for the benefit of their own.


The court procedure was in camera my father was not allowed in. He had no say at all. So… at the end of all this I am still the looser. My solicitor in real terms let me down. Would you agree.?


Are you saying I have no claim what so ever and that is it?


Tracey

Expert:  Clare replied 3 years ago.
Hi
I was asking a number of questions to try and ascertain what your options MIGHT be - but in order to do that I will need the further information that I requested.
What was your financial contribution to the marriage?
Claire

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