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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33829
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have had a letter from the family court it says Upon hearing

Resolved Question:

I have had a letter from the family court it says
Upon hearing counsel for the husband and counsel for the ife
It is ordered that
1) the application for a finanical order be odjourned to 19/09/201 at 11am before district judge bankswith time estimate 2hours
2) any applicationby the solicitors acting for the wife to be removed from the record to be listedat the hearingdirected above.
3) at the adjourned hearingthe court will also consider whether to mske a final order for the sale of ht former matrimonial home and equal division of the net proceeds for sale.
4) the wife pay the husband costs of the dayin any event
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
Did you attend the hearing.?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.
I was not even aware of the hearing, i did not attened i did not get a letter regarding this hearing.
I have had two valuations done which value he house at 250,000' but he has a valuation from other estate agents who have not viewed the house at 300,000. Yet the houses around ths area are worth around 250,000-260,000, the house needs working doing to it, which is whst the agent said so.
Expert:  Clare replied 2 years ago.
Hi
When was the last hearing you were aware of.
How much is outstanding on the mortgage.
Clare
Customer: replied 2 years ago.
Last hearing was in april and was cancelled due to my poor health as i have sle.
The out standing amount on the mortgage is 33,000 but that was in febuaruy when i had my mortgage statement and tht was the total
Expert:  Clare replied 2 years ago.
Hi
What other assets and debts are there, how old are the children and what income do you and your ex each have.
What attempts did you make to find out when the next hearing would be
Clare
Customer: replied 2 years ago.
Well my children are now 29' 27' 25' 19
We have no saving, or any assets but the house. i work as a nurse for nhs, i was working full time when my ex left i was very ill and was in hospital for 3-4 months as i had a relaspe with my illness ( lupus) due to stress, and then return to work after a year part time. My ex had taken a loan out when we was together for £6000, which i had to pay off as court letter came to my house that they would start legal proceding. My ex has taken out loans on his name which he has not paid back and the loan company has put a hold on the property that we are not to sell it until those loans have been paid.
My solicitor informs me of any hearing and i have not recevied any letter from him, regarding this hearing.
My income now take home pay each month is 1200 for the last 3 yers
My ex was working or nhs and was doing his nurse traning which was funded by the nhs, he failed twice but did not inform the nhs and the trust kept pying him and he was not attending uni, when they found out and called him in for hearing he did not attend, so no longer works for nhs.
Not sure if he is working full time or part now as he has just started to py back some of the child support money through the child support agency.
Expert:  Clare replied 2 years ago.
Hi
Have you asked the solicitor what went wrong - why you had not received notice of the hearing?
Clare
Customer: replied 2 years ago.
He is on leave this week so was unable to get hold of him. What do you think wil be hppening now. My ex has been away from the house for nine years and i have paid the morgage for all that time, pulse the loan and the cilldren had to take care of no maintaince from him he only paid for 8 months. I have to go part time due to my illness and all the time i have gone to court and he has drpped the case/ soilicitor and i have pick up the cost of court fee. I had even agreed to pay him half of he value of the house, but he did not respond, that was about five years ago. Now i want him to pay him less than half as he has put me through all this, and my health is not so good as i have kidny failure as well, when he is in good health, this all due to the stress i have been through. Where do i stand
Expert:  Clare replied 2 years ago.
Hi
Have you produced Medical Reports for the Court?
Clare
Customer: replied 2 years ago.
Yes the courts have had these report as this was given on ever hearing that i attened in the past when my ex did not turn up.
Expert:  Clare replied 2 years ago.
Hi
Ok
Who sent you the order his solicitors, yours, or the court?
Clare
Customer: replied 2 years ago.
This letter came from my solicitors, i have another hearing on 19/09/204. My ex solicitors sent it my solicitors
Expert:  Clare replied 2 years ago.
Hi
When is your solicitor back?
Clare
Customer: replied 2 years ago.
Next week i have booked an appiotment for wednesday next week
Expert:  Clare replied 2 years ago.
Hi
From what you have said the Solicitors have apparently been negligent in not informing you of the hearing.
If this is indeed the case then they shoudl be responsible for the Wasted Costs of that day in court
You need to ask them for the explanation - and what they propose to do about it
If they do not give a satisfactory response then you need to to instruct new solicitor sto make an immediate application to the court to appeal the order that was made and to make a Wasted Costs order against your solicitor
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33829
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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