it was drafted by Judge Campbell 24th August 2012 in Chichester County Court the wording is
and upon the applicant (x-wife) undertaking to the court and the respondent (me) that she will use her best endeavours to obtain the release of the respondent forthwith from the mortgage covenants relating to the mortgage secured on the former matrimonial home
she hasn't she has brought a £10000 sports car taken people on holiday to turkey paid off her credit cards and brought a new pedigree alsation
hi is anyone there please?
hi please can someone respond to me
So what you are saying is the judge is correct and that my solicitor is wrong she has allowed me t sign an order that was written by a judge that should not of been written ie using the 2 phrases in the same paragraph which contradictes each other?? i take it i need to put in a formal complaint against my solicitor? can you suggest how i write this letter to my solicitor and what will happen next?
apologies it was drafted by the solicitors and agrred by the judge, i cannot belive that my solictor has allowed this to happen, how what do i say in my complaints letter, how can i force the issue to release me from the mortgage, i have signed a tr1 which is held strictly to order on a simoltanous swoop for my release i am writing to the land registry as my x said in court that i was not on the deeds anymore if this is the case then i have even more to complain about?
she doesnt work my 3 boys are now all over 18 i feel i have been gravely misguided and my divource is still not concluded and the solicitor now wishes me to pay the rest of her bill but it is still unresolved? i am left with a bad credit due to my x not making regular payments on the property this has been going on now nearly 2yrs surely there is something that can be done?
1 x 23 twins were 16 half and had been out of education since they were 15 I have the school reports for the lack of attendance she took £36000 from my business and drew down other monies £12000 of which she declared was to look after her and the children she admitted this to the court on her fdr statement, she doesn't work has 4 horses 3 dogs now 2 cars one of which I mentioned she brought last year for £10000 I left with £43.65 in my bank and she got the 4 bedroomed house (4th is a conversion in the loft) she got an endowment of around £13000 and I was left with my pension and 2 endowment's totalling £10000 approx. She has had £100,000.0 from her father again this was declared to the court and squandered it on anything except the mortgage there was no maintenance involved
it had to be valued as a forced sale at 190000 there was 45000 owed on it but I have found out that today 20000 has been made I believe although unsure if this is monies from the endowment ? leaving 245000 owing
No she does not work
i have doubled checked the figure and it is 24707.44
i assume wrightly or wrongly the money she recievd from her father all this is noted in written form that was seen in court but it seems to off gone on deaf ears the last judge lusty on 7th july 2014 confessed (transcripts) that she didnt know the case and had to breifly read the order of which she said the "bes endeavours" meant she could do this whenerver hence my writing to you for where to go with this
she recieved them after was just before xmas last year being 2013 the original order was made 24th August 2012 not 2013!
I representaed myself as i had all the documents prepared from the last hearing in April 2014 from my barrister Mr ***** ***** my x didnt represent herself as she claimed she couldnt afford it.
I had a letter produced for me to take to court 7th July by my solicitor also, this outlined all the things my x had done not to pay off the mortgaeg ie the spending car/dog.holidays etc
a letter stating that they couldnt help her from the woolwich that was it, hence the agreement that she made back i aug 2012 she stated that her parents wre to help her of which her father then did. Nothing else at all.
i do not speak with my x wife at all under any circumstances the judge on 7th July Judge Lusty said that she didnt need to show any effforts as it was her best endeavours meaning whenever so we are where i started at the beginning of this question in ""LIMBO LAND"" and need to know how to proceed and also how to make a complaint to my solicitor and what wording to use
I did not want a long stop gap i wanted immediate effect as my x wife wanted her father to help get her the house this was agreed but she decided once this was arranged that she didnt want to pay off the mortgage hence why we are at where we are, why next year to try again??
so because of all of this and i wasnt protected how do i sor tout my credit score i cannot even opena simple savings account my new partner has had to open accounts in her name for me to have access too i was told aug 24 2012 that i would have the same living rights as my x wife but this has not happened how can i sort this out the house has been repossed twice dince 2012 and she has managed to work the systme to keep it and in the process ruined by creidt ability i can not get a mortgage like i said not even a simple bank account in my name
no not at the moment but the outstanding balance owed on the property is due 1st sept 2014 in full so if she doesnt pay this then the reposssion proceedings start again i have monthly statemtnes sent to me from the woolwich to confirm these dates and the outstanding balance which is how i found out the other day what was left to pay. Can i instruct a rit/sherriffs baliff to take the cars/horse trailer anything of value to force her to clear the balance?
correct but she other than the recent 320k she doesnt keep up the payments on time
yes and the judge judge lusty said taht this wasnt to be adressed and that no further to be made she can use her best endeavours and that the case was done she also said she didnt understand as to why this had to go to court as this could of been settled between us !! which as you can see this would never of happened and has not ! this does not sort out my credit though does it?
was menat to read £20k paid not 320K
ok but how do i repair my credit rating when she has defaulted on the mortgage as i am still on it how do i get the chance to re-house myself with a mortgage as i stated i cannot even get a siple bank account surely there is somehting i can do to prove this wasnt my fault?