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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34288
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I asked a question earlier and want to add that I was not represented

Resolved Question:

I asked a question earlier and want to add that I was not represented in Court for the final hearing of the Ancillary Relief Proceedings as my then solicitor (who had never supported my stance and never represented me in court) dropped out in mid-June 2008 for a final hearing at end of July 2008. That solicitor then got a 'default judgment' in January 2009 against me using the matrimonial home address from which I had been evicted in October 2008 whilst I was not even in London but was in Cornwall recovering from major surgery. The judgment was for approx. £17,000 but the charge on my flat is now £20,000 for those solicitors.
The house I bought in London was sold by a firm in Harrogate to London buyers ('cash rich buyers') represented by a firm in Cambridge. The buyers got a mortgage a few months later so I think it was a 'sandwich lease' with the 'other woman' (= wife No 2)having engineered it all. ***@******.***
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.
I am not certain what it is you wish to know.
I assume that the solicitors had sued you for fees - have they actually recovered their money yet?
Clare
Customer: replied 2 years ago.

Hi Clare

Sorry but my reply to your message went off accidentally before I finished. She (matrimonial solicitor) finally dropped me a few days before the meeting with the property partner was due to take place, so it did not happen (I think he would have backed me and she would have lost face).

No she has not collected any money yet. She is waiting for me to die (I hope she has a long wait!) or to sell and last year I did consider selling my flat but I have changed my mind and since I don't need to sell they may have a long wait. No attempt has been made to collect but on the court papers they presented themselves as solicitors acting for the claimant whereas as solicitors they were acting for themselves. I think this was to justify an entitlement to interest. I have not looked at their file for some time now.

I did appeal against the interim judgment but could not get anywhere, but they seemed happy to just drop it (but they sent a senior partner to court against me).

The two charges on my flat are a problem if I sell but what I am concerned about is having lost my house and my belongings as well as my reputation in a way which was totally unwarranted/unjustified by (1) any reference to the Law of Property Act 1925 (which cannot be overruled by the matrimonial law, (2) any of the requirements of Section 25 as these ought to have worked in my favour (if I had had a solicitor to represent me).

Sorry about writing so much...

Josette

Expert:  Clare replied 2 years ago.
Hi
Did you actually challenge the Bill?
Clare
Customer: replied 2 years ago.

Hi

No I don't remember challenging the Bill in court. I know that I have since written to the firm to ask what Karen actually did for me whilst she was my solicitor (on the basis that solicitors are providing a service and if it is useless and even makes things worse for their client, why are they still entitled to money?). I will get back into this particular file, if you think we need precise answers.

I did not challenge their bill through the proper channels within the required timeframe.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that it is now too late to challenge the Bill
The Solicitors were entitled to apply to the courts on the basis of the unpaid bill, and I am afraid having obtained the judgement they were entitled to obtain a charge on your property
I am sorry to give you such bad news.
However this still does not mean that the underlying case cannot be revisited
Clare
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