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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33522
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband saved cash over 20 years, (he withdrew £1500 cash

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My husband saved cash over 20 years, (he withdrew £1500 cash a month but spent very little as I supported the family financially being the higher earner) but I don't know into what accounts. I am divorcing him, but on his Form E he has not listed any savings accounts. My son (age 18 at the time) said last year that his dad had paid into a number of accounts for him, but declined to elucidate. I had a first meeting at court in September. I submitted the transcript of a conversation with my husband (16 Dec 12) when he said he wouldn't tell his solicitor of his savings accounts and I would get less. I submitted photos of him sorting his papers on the stairs into piles. As he was verbally abusing me, I was too afraid to look at them.
This week I instructed my solicitor to carry out two financial searches (husband and son) to find out what accounts they have. Will my solicitor do this, as I have been eluding to asking the court to do this for me, but my solicitor has been silent to date. My solicitor says I need a barrister at court, but I can't negotiate without full disclosure. What should I do if my solicitor does not do the searches? The court said I could resubmit the transcript and photos (not admitted at first meeting) if he comes up blank with my questions which he has. He has lied about other questions where I have proof (e.g. he is in a relationship with the ex-wife of my new partner and former colleague and said he only spoke to her June 2013 3 months after I left home, whereas I have details of phone records of her calling him in June 2012, but the actual date is April 2011). Do I sack my solicitor if he doesn't do the searches?
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.
What exactly have you asked the solicitor to do?
have you instructed them to instruct an enquiry agent to obtain this information?
Clare
Customer: replied 2 years ago.
I instructed him to carry out a full financial report (search) for both my husband and son, because I believe he had withheld information on his Yorkshire BS accounts and Santander savings products and had invested cash he regularly withdrew from his Nationwide bank account into accounts held in our son's name without agreement.
Expert:  Clare replied 2 years ago.
Hi
Have specific questions been raised on this at the First Appointment?
Clare
Customer: replied 2 years ago.
At the first appointment the judge dismissed the transcript and photos as they are not usually provided with Form E. My solicitor said it was because there is doubt of disclosure. The judge said I could resubmit both if no further accounts we're forthcoming from the Respondent.,He hoped that my husband would declare missing accounts (not specified), or we could just split the house equity. He cautioned my husband that sanctions would be made. I'm not sure if he intended to rely on my husband's honesty but he seemed to believe my account and asked me the date of the event which I gave without hesitation. I previously used an enquiry agent myself who found products with Santander I did not know about. I know he had Yorkshire bs accounts for employee share schemes and the logo of this matches the logo on the top statement on the stairs photo. I didn't ask the court to do a search yet but only asked my solicitor about it prior to hearing.
Expert:  Clare replied 2 years ago.
Hi
Due to Data Protection issues there is little that your Solicitor can do without a Court Order.
Your solicitor needs to ask the court to make an order that your ex provides a letter from both Santander and Yorkshire Bank confirming what accounts he holds with them (and in what name - but you will have to specify the possible names)
Alternatively he can ask that the Court orders your ex to give you two letters authorising you to write to financial institutions enquiring about accounts
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you. But even if I find he has a Yorkshire BS account, can the court do a search themselves using the Inland Revenue database to find out about other accounts with other banks I don't know he has invested in?

Expert:  Clare replied 2 years ago.
Hi
No the Court cannot do anything proactive at all - it is not their job to do so I am afraid
Clare
Customer: replied 2 years ago.
It seems odd that if one side lies continually that the court cannot remedy the situation such that the honest party loses out. Is this correct?
So I will need to ask the court to write to every bank to find out if he has products with them? Or do I get My barrister to interrogate him and get him to admit it in court?
Expert:  Clare replied 2 years ago.
Hi
The Court does nothing pro active at all.
Your solicitor needs to ask the Court to order your ex to provide you with a letter of authority which allows your solicitor to write to all the banks (at your expense)
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33522
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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