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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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2004 me and my ex wife divorced, everything was split, she

Customer Question

2004 me and my ex wife divorced, everything was split, she bought me out of the house. the only thing left to split was two endowment policies, which we agreed to leave in till they matured, and then split 50/50. in 2008 she decided she was entitled to both policies, and wanted me to sign them over to her, I refused. since then we have argued back and forth, it's cost us both £4000 in solicitors fees, by her trying different ways of trying to get the policies, by saying she'll take me to court for half my pension, saying our daughter needed the money etc. we went to court in September 2013 and the judge said we didn't need to fill in form H, as the costs would be small. we eventually went back to court January of this year. the judge awarded the policies to her, and I was to pay the costs. As I am on benefits he said if I couldn't pay the costs I was to let them know, and I would then go back to court to sort payments out. I still havn't heard from the courts, but on Wednesday 12th January I had a bill from her solicitors for £4300. this could have been sorted out inXXXXX she dragged it out over 5 years, and i'm paying for it. What forms do I need to fill in, do I get in touch with the courts etc. I am at my wits end. Please can you advise me. Thanks pete
Submitted: 3 years ago.
Category: 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.
Where you represented in court?
Clare
Customer: replied 3 years ago.

no I represented myself, because I couldn't afford my solicitors fee of up £1000 which I know was silly

Customer: replied 3 years ago.

are you still there

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
What is the exact wording of the costs order?
Clare
Customer: replied 3 years ago.

I have received nothing from the courts. just a letter from my ex solicitors stating (further to the order of district judge mr. d h morgan we enclose our bill of costs for your attention. ther is then a detailed bill of costs dating back to 2008 for £4228.40

Expert:  Clare replied 3 years ago.
Hi
But you still have not received a copy of the actual order?
Clare
Customer: replied 3 years ago.

would the actual order come from the court, I don't know what it is

Expert:  Clare replied 3 years ago.
Hi
It is the written version of what was said in court - and is important as it will help me tell you what to do next.
It may well have been sent to your old solicitor
- the court will send a further copy if you ask
Clare
Customer: replied 3 years ago.

I have sent two e-mails to our solicitor, but as of yet have had no reply, I will send another asking if she has received the court order. I will also phone the court in the morning. should I inform my ex solicitor that I havn't received anything from the court, because it says in the letter that they will charge me interest at 8% if I don't pay. also the judge said if I had problems paying, I was to have a meeting with him to sort payments out, because I am on benefits.

Expert:  Clare replied 3 years ago.
Hi
The court will send you a copy of the order and that will allow us to decide what the next step should be
If you wish to have a general overview of what happens next then you can read about it here
http://www.alexanderlevi.com/Bills-of-Costs.aspx
http://uk.practicallaw.com/5-204-8012
Clare
Customer: replied 3 years ago.

thank you clare. will I be able to speak to you again when I get a copy of the order. I paid £40 how long is it for, or will I have to pay again.

Expert:  Clare replied 3 years ago.
Hi
Just add to this thread when you are ready - I consider it all part of the same question
Clare
Customer: replied 3 years ago.

thank yo very much

Expert:  Clare replied 3 years ago.
Hi
That is fine - do not rely until you are ready
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

hi Claire received the court order today. it states that the defendant (that's me) do pay the claimant's costs to be subject to detailed assessment if not agreed. they have also put in form EX160A for me to fill in, if I can't afford to pay costs. is this form just to cover the court costs or does it include her costs also for £4,228.40. thanks

Expert:  Clare replied 3 years ago.
Hi
That form is just for the court fees - not her full costs
You need to apply to the court to appeal the coasts order
Clare
Customer: replied 3 years ago.

Claire I just phoned the courts and explained that I needed to appeal against her costs, and basically they said that I have to get in touch with her solicitors and I can't just say I don't agree with her costs of £4288.40, I have to say that I don't agree with how many letters she's charging me for, or specific things like that. then it will go back to court with details of her costs, and if we loose I will have more costs on top. Also if we have to pay her costs I have to sit down with her solicitor and discuss my financial situation, I'm on benefits. I cannot sit down with her, as she ripped me to shreds in court, and I don't think I could speak to her. I thought when the judge said I had to pay her costs, I thought it was just the court costs, there is no mention of her solicitors costs on the court order. When the judge dispersed with the filling in of form H, because the costs would be too small ( his words) I don't think he realised that we were going to have a bill spanning over 6 years because she dragged it out for that amount. thanks

Expert:  Clare replied 3 years ago.
Hi
There are two avenues that you need to pursue
The first is the one that the Court have told you about
You do indeed need to go through the bill - the process is set out here
http://uk.practicallaw.com/5-204-8012
However you can also appeal the Order that you pay costs - since it is clear that the Judge did not expect them to be this high.
You can in fact appeal on the basis that the order was made without the judge actually knowing what the costs were
Clare
Customer: replied 3 years ago.

how do I appeal the order that I pay costs, do I write to the courts or do I tell her solicitor that, that is the reason I am appealing. sorry to be a nuisance and thank you again for your help.

Expert:  Clare replied 3 years ago.
Hi
Just to check - was the application made within the old divorce proceedings?
Clare
Customer: replied 3 years ago.

this has nothing to do with the divorce proceedings. the divorce was finalised on 2004. the only thing left to split was two endowment policies which we agreed verbally to split 50/50 when they matured in 20013, but in 2008 she decided she wanted them both signed over to her, I said that we had agreed to split them. she then dragged it out over 6 years until we finally went to court, and she won.

Expert:  Clare replied 3 years ago.
Hi
I am aware - but looking at the paperwork - was the matter dealt with within the Family section (if affects which forms you use)
Clare
Customer: replied 3 years ago.

it was a civil dispute that's all I know sorry

Expert:  Clare replied 3 years ago.
Hi
What is the number in the top right hand corner?
Clare
Customer: replied 3 years ago.

sorry the claim no is 3BG00210

Expert:  Clare replied 3 years ago.
Hi
Which court?
Clare
Customer: replied 3 years ago.

bridgend county court,sitting at, the law courts,sunnyside, bridgend. the judge did say that it shouldn't have gone to this court.

Expert:  Clare replied 3 years ago.
Hi
The appeal process is described here
http://www.insidetime.org/resources/WSDocDownload/I_want_to_appeal_What_do_I_do_EX340_CourtService.pdf
Clare
Customer: replied 3 years ago.

sorry Claire but I cannot get that web page up

Expert:  Clare replied 3 years ago.
Hi
You will need to copy and paste it into google I am afraid
Clare

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