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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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since last time we spoke the house has gone up with another

Customer Question

since last time we spoke the house has gone up with another agent , in the meantime the police has come back and stated that they would not be taking the fraud case any further as the bank was taking the ex wife on for fraud as she signed my signature , not happy about this as up until they said they would not take it on they where about to arrest her we were told a few dates this was going to happen ,them knowing my state of mind they turned out to be playing wit it as well as the ex,. The first signature we found was on the form for Steps debt agency , to which we wrote in march and when we told them it was forged they took my name off it and the one account that was mine they sent back to the Royal bank of Scotland and then they tried chasing me , all this time the police was supposed to have been working on it ,So I got in touch with the bank and asked for proof of signature which took about 6 weeks of continual phoning and had to pay £10.00P FOR IT AND THAT TURNED OUT TO BE FORGED , so give this to police local and they said that they would not take on the Steps dept and now they are not taking on the bank either please can you tell me where I stand with this,
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.
Have the bank been in touch with you about the forgery?
Clare
Customer: replied 2 years ago.

yes and they said they would keep in touch but we have to chase them , we thought it would have been over by now thanks ieuan

Expert:  Clare replied 2 years ago.
Hi
]How long has it been going on?
Clare
Customer: replied 2 years ago.

It started in. March went to the fraud team in london , then in about May it. Was sent to Bridgend police head quarters , then end of may beginging of june it came to neath ,As I served 20years as a special constable I done all the background serches but. It did not help as it was never enough for them , so I am stuck ,Ieuan

Expert:  Clare replied 2 years ago.
Hi
Sorry - I meant how has it processed through the Mortgage company?
Clare
Customer: replied 2 years ago.

My son is paying all the mortage and any other bill that comes in she g

Has stated than an and all bills will come outany money over from the sale

Expert:  Clare replied 2 years ago.
Hi
Again my apologies
What I meant to say is what is the Mortgage Company doing about the fraud
Clare
Customer: replied 2 years ago.

Nothing

Expert:  Clare replied 2 years ago.
Hi
Sorry - I thought you said that the Police has said that the bank WAS looking at the moment?
Clare
Customer: replied 2 years ago.

It is R S Bank that is looking into the loan that she had forged the name on. This was put on to steps is a debt recovery compony

Expert:  Clare replied 2 years ago.
Hi
I am sorry.
So the forgery was on the loan not the mortgage is that correct?
Clare
Customer: replied 2 years ago.

Yes

Expert:  Clare replied 2 years ago.
Hi
Have YOU confronted your ex about the forgery at all?
Clare
Customer: replied 2 years ago.

No i was told to stay away from her as she twist everything that you say i cant make a phone call without a person pressent, a very hard woman

Expert:  Clare replied 2 years ago.
Hi
What is it that you wish to achieve most at the moment?
Clare
Customer: replied 2 years ago.

Can I stop some ofher csa that I am paying, so as I can take half of the mortgage off her as she will not pay a penny and I am fed up of being broke all the time

Expert:  Clare replied 2 years ago.
HI
Is she living at the property (forgive me i do not recall)
have you started the financial application?
Clare
Customer: replied 2 years ago.

She moved out with all the furniture to a council house with her boyfriend this is why I feel it is unfair she does not pay rent or council tax, and she I trying to claim council tax relief on the council tax I am paying on our house, don't know where to go now

Expert:  Clare replied 2 years ago.
Hi
Remind me - you do not wish to return to the property?
Clare
Customer: replied 2 years ago.

No it would not be safe as she has a big family and I don't know what they would do

Expert:  Clare replied 2 years ago.
Hi
What does the Agent you chose say about the prospects of sale - and have you started the Financial application yet?
Clare
Customer: replied 2 years ago.

Please can you tell me what financial application means ,she stopped me useing my preferred agent who was selling at least 2/3 property a week through july august sept but now it has gone quiet but his keeping his eyes open for me ,she is trying to bankrupt me if it was not for my parents I would be but they cant help much longer I just dont know where to go next

Expert:  Clare replied 2 years ago.
Hi
Within the divorce proceedings is no financial agreement can be reached then it is open to either party to apply to the Court for the financial matters to be dealt with.
Making an application will lock you into a timetable which will mean that if you and your ex cannot reach an agreement then the court will impose one.
Within that application the fact that she forged your signature will mean that the debt is likely to be disregarded when it comes to the settlement
I am afraid that there is no question of your being able to stop paying Child Maintenance in order to pay the mortgage.
You could move back into the property and get a lodger to help with the bills but other than that I am afraid your options are sadly limited.
With regard to the Police your only option is to make a complaint to the senior Officer at the relevant Station and ask for an explanation
I am sorry - I know this was not what you wished to hear but sadly it is the position that you are in
please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
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 2 years ago.

Could you tell me what diregarded when it comes to settlement means

Expert:  Clare replied 2 years ago.
Hi
Of course - my apologies for not making it more clear - it is the bad habit of solicitors I am afraid
When the court is deciding how the capital will be shared between you the Judge can treat decide your share based on the assumption that the loan is not there and say how much you should receive from the house - giving you a larger share and your ex a much lower share
Clare

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