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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33806
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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where can i print a witness statement form for a court application

Customer Question

where can i print a witness statement form for a court application in the principal registry family division?
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.
What application do you wish to make?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


I am divorced from my ex husband for the past ten years this year will make eleven. I tried everything to either buy him out or sell. On the 6th of February a Judge ordered the house to be sold. I chose one of the estate agents he ask me to choose from a list he sent to the court.


 


His solicitor has now sent a letter to the estate agent and the house is now not on the market. i have filled in another application to go back to court and need to add a witness statement and hand it in tomorrow.


 


I am unable to find the correct one to print.


 


 

Expert:  Clare replied 3 years ago.
Hi
Just to check is it the actual application form you are looking for
Clare
Customer: replied 3 years ago.

I have filled in the D11 aplication form, i need the witness statement form to go with it.

Customer: replied 3 years ago.

I must say i am not happy. I paid eleven pounds to find out if and where i can print a witness statement to go with my application and no one can give me an answer.


 


Thank you for nothing.

Expert:  Clare replied 3 years ago.
Hi Marilyn
My apologies for the delay - unfortunately every time you add a response your question falls to the bottom of my list and I HAVE to take them in order
There is no preset Witness Statement
If you cannot fit all you need to say on the Form D11 then you can prepare a separate statement as a separate document that you create from Scratch
There is a template here
http://www.familylawquestions.co.uk/resources/Materials/Example-Statement.pdf
Which shows you the heading and the way it should be set out
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33806
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.

I desperately need help. I really need help with. My ex husband and his solicitor who was a family friend during the marriage and is his cousin have been manipulating everything I try to do. I have lost a great deal of money and it never reached court. Now I am doing this on my own. Von the 6 of February the judge ordered the house to be sold and to choose an agent from the list my ex husband provided I did everything I was told to do but they are still fighting me. They got the house removed from the market and ask the court to penalise me. I have gone back to court but I desperately need some support. Please can u help.

Expert:  Clare replied 3 years ago.
Hi
On what basis was the house removed from the market if the court has ordered the sale?
Clare
Customer: replied 3 years ago.

Now it is my turn to apologise for taking so long to respond. I contacted you at a very low moment in a car park on a break from work.


 


He said he did not know the house was on the market. He did. His solicitor handed me a letter in court saying he did not object to me selling the house or buying his third. In his letter he listed four estate agents the judge looked at it stated he had already did the ground do i can choose one from the list.


 


The hearing was on the 6th of February, i hat to put the house on the market in seven days, i went to the estate agent on the 8th and made all the arrangement from there. I told our daughter to tell him the estate agent i choose which was the fourth one on his list. Viewing started almost immediately.


 


The next step was to agree on a solicitor which i did not yet because there is no offer on the house and i did not want to incur any unnecessary bill.


 


On Tuesday the 25th of February i came home and there was a card from another agent on his list asking me to call him about the property, i called and he told me he saw i had the property on the market he went on to tell me the agent fee was high and their own was way way less, he told me the estate agent put the property on the market very high and after an while then will ask me to lower the price and still take the same fee. I told him they all do that, he told me he will only charge 10,000.00. He then told me my ex husband came to see him about the property.


 


On Friday the 28th of february i came home to a letter from my ex husband solicitor saying is did not follow the court order i did not choose an agent and i did not choose a solicitor. On the same day i received a text from the estate agent for viewings on 1st of March, i waited and no one turned up or called. When i contacted the agent they told me the receive a letter from my ex husband solicitor had to choose an agent and a solicitor i did not and they did not want them to sell the house and the must remove the house from the market.


 


I took the letter they gave me in court to the estate agent. They have also asked the court to penalise me for not following the order. I gone straight back to court but my ex husband will come with his solicitor, i will be there on my own because i cannot afford one at the moment.


 


I am desperate for help.

Expert:  Clare replied 3 years ago.
Hi
Deep breaths
Write a simple straightforward and cool letter to the solicitor
Remind him/her that the Judge said you had to pick one - you have and have marketed the property accordingly
Tell him/her that no solicitor has yet been appointed as no list had been provided by them
Tell them that you intend to ask the court for a costs award against THEM in view of their behaviour
Clare
Customer: replied 3 years ago.

Thank you for replying.


 


I am sure you are right in what you are saying. I cannot bare to talk to Kate the solicitor. What hurts the most is she was a friend of the and my ex husband cousin before the marriage.


 


How am i going to do this. Should i mention i have gone back to court,

Expert:  Clare replied 3 years ago.
Hi
Then do not talk to her other than at court - write a simple calm letter you are in the right
You can indeed mention it
And at court in form of the judge work in a reference to the fact that it can "feel" (use that word) intimidating to have to deal with a former family friend who is taking such an aggressive approach
Clare
Customer: replied 3 years ago.

I am really appreciate the help and advice you have given me but can you tell if i can get some to help me i court. I cannot hire a solicitor right now because of finances don't think anyone will wait until the house is sold and i do not blame them.


 


Do they have duty solicitors for family matters

Expert:  Clare replied 3 years ago.
HI
No I am afraid not
However you can take someone in as a "Mackenzie Friend" to support you - they can take notes, but not speak for you
If you live near a University they may run a legal advice scheme
Clare

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