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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34579
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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After the FDR my ex-husband asked transcript of the

Resolved Question:

After the FDR my ex-husband asked for the transcript of the hearing and did not comply with the orders. I did let the Court know. We meet again at the PTR with nothing ready. Now the orders have been slightly changed. We are asked to draft a joint letter for a surveyor about the value of the family home. At the hearing he said we was litigant in person. Now there is a solicitor drafting the letter of instruction and presenting himself as the lead solicitor. My comments and amendments to the letter are not being considered such as documents about the house (planning permission for extension, listing by local authority) or the type of valuation to ask from the expert. We have till next Wednesday to finalise the letter but I'm afraid it won't work. And the solicitor does not act in an objective way but tries to enforce his client's views knowing I don't have solicitor because I can't afford it. What can I do?
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 specific changes are you looking for and why?
Clare
Customer: replied 2 years ago.

Hi Clare

I think you misunderstood my question. We've been ordered to have a joint instruction letter for the surveyor. But we do not agree. I explained in my question some points of disagreement. My question was related to that point. What do I do if by the deadline given by the court we haven't reached an agreement about the content of that letter?

Expert:  Clare replied 2 years ago.
Hi
Do not worry I do understand what it is you want to know - BUT the specific answer is dependent on whether or not the court would see your requests as reasonable or not
Clare
Customer: replied 2 years ago.

OK sorry I'm a bit stressed about all this

I've been typing all the details but somehow it did not save.

Here are more details:

Issues: they say resources debts and needs, I say key issue is disagreement over valuation of property and other points not of surveyor expertise.

Documents : they want just the title, I want to add granted planning permission with extensions plan and also the listing of the property by local authority

Valuation: they want simple market value, I want potential value based on the information given by documents

Expert: he has been picked up online during court hearing so I want to add he has to confirm he hasn't worked for ex before ( ex in properties)

Arrangements : I want to be present when expert comes but they say no just the ex will be to give key

Thank you

Expert:  Clare replied 2 years ago.
Hi
Just for clarity
There is planning permission for alterations that you believe will increase the value of the property far in excess of the amount required to complete them?
Clare
Customer: replied 2 years ago.

I believe that this information should be made available to the surveyor and it would be up to him to see if such a potential has an influence on the value. The other side does not want that. They don't want the listing to be mentioned either.

Expert:  Clare replied 2 years ago.
Hi
If the letter cannot be agreed then there are two options.
You both send your versions of the letter; or the matter goes back to court for the Judge to decide the issue (more expense and a cross judge)
Dealing with the points you mention.
The valuation required is the Market value. however it is reasonable to point out that there is existing planning permission for an extension as that could increase the value - there is no need to enclose the plans - a simple copy of the permission is ample
You do not need to send the Local Authority details - part of the valuers job is to check such issues themselves.
It is however reasonable for you to wish to be assured he has not worked for your ex - and to be present when the valuation takes place.
I suggest that you write to the solicitor saying that the last two points are non negotiable - it is simple enough to send a copy of the planning permission after the valuation has been made and asking if that changes his opinion.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you.

In the court order it says we can ask questions after the valuation but that would be at an extra cost. This is the reason I wanted the letter to include all elements available.

What about the issues section of the letter? As I said the only issue is disagreement over valuation so why other side does not state it?

And another point regarding lead solicitor willing to be only one in contact with surveyor. I want to be informed.

I also asked for all communications to be included in report (as advised by a solicitor online) but other dismiss this saying I'm suspicious!

Thank you for your help

Expert:  Clare replied 2 years ago.
Hi
I am not entirely sure what you mean by the "issues" section. In terms of this valuation the only issue is what the current value is
You are correct - they must contact both of you - not just the solicitors - and actually it is good practise for them to include all communications.
You may find this guide useful
http://www.resolution.org.uk/site_content_files/files/gpg_financial_experts.pdf
Clare
Customer: replied 2 years ago.

Thank you for the link. You are really helping me with your feedback.

What I mean by issue is that in the sample letter the other side sent there is a part titled "issues" and there they have put the issues of our case but not the issue for which we're seeking help through surveyor. That is the reason why I asked them to change to mention "disagreement over valuation" which is relevant for the surveyor.

In your previous post you were saying that we can go back to court or just send our own letter to surveyor. If no agreement is reached, and I don't want to delay more, do I just inform the other side of my intention to send my instruction letter and later send them copy of my letter with documents enclosed?

Thank you

Expert:  Clare replied 2 years ago.
Hi
It would of course be unprofessional of me to suggest that the solicitor seems a little confused - but you are right - the issue that the letter is addressing is the dispute over the value of the property!
I suggest that you use the guide and create your own letter - then send it and the guide to the solicitor, and suggest that if no agreement can be reached then separate letters should be sent - however this will not solve the problem of your attending the valuation so seeking a directions appointment may be the only option
Clare
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