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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Madam,I have a dispute with my ex wife who lives

Resolved Question:

Dear Sir/Madam,
I have a dispute with my ex wife who lives in England and I now live in Scotland but I require English law for my enquiry.
My ex wife phoned me in January 2015 to make a deal on our joint property sale and I agreed but she never paid up and appears she never intended to.
She wrote me a letter to say she would pay two amounts and then a further two. The agreement was £9,000 pounds and she paid me £4,000 into my bank account and once she got the money from the property sale she refused to take my calls or reply to letters. the balance of £5,000 pounds remain.
I went to a lawyer who advised me to write to her and put a copy in with the letter. I never got any answers.
I lost everything in the divorce and she was to be paid the first £100,000 pounds out of the two property sales. She received more than £74,000 from one sale and over £47,000 from the latter sale.
I was a fool to believe she would pay and really thought she would.
Money has became tight and therefore I tried money claim online and that really seemed to upset her and she has defended the claim but in a very nasty way.
I recieved a visit from the local police but I was not in so I phoned the number that they left on the card they put through the door and I was told they were acting for the English police and warned me not to contact my ex wife in any way unless it's through a solicitor and if I did contact her I would be arrested. Wow, I worked overseas and had police clearance and never had anything to do with the police but it gets worse.
My ex wife went to her local police claiming there was aggressive behaviour during the marriage and being afraid of what I might do and she said some more which makes me look like a really bad person. During the marriage there was never any police involvement or any reports against me but it is now a problem as she has a letter from the county court business centre and me wishing to claim the money she promised.
My actual grounds for divorce was that she assaulted me and threatened to stab me.
I phoned the mediation team and said I would of liked to mediate but one of the questions ask if there has been any police involvement, looks like she covered all bases but I was told I could still request mediation. I am sure she will not want to mediate as both parties must agree.
I am really devastated about this.
What do I do? I do not have a lot of money to spend on legal fees.
I feel like giving up and it looks like she's won no matter what.
Thank you for taking the time to read my mail.
Kind Regards,
K.James.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
Where did the divorce take place and was there a Court Order dealing with the finances?
Clare
Customer: replied 1 year ago.
The divorce took place in Burnley Lancashire England.
There were two properties to sell and one was in my sole name. The joint property was to sell first but the Ex was very reluctant to comply. It did sell in March 2015. During the closing stages money was tight and my lawyers fee was over £15,000 pounds and I could not keep things going.
I got a call from the ex to do a deal and like a fool I agreed and thought she was being honest.
She put £4,000 in my bank account and wrote me a letter to say she would pay the remainder when the house sold. I wrote to the conveyancing team to pay her the proceeds and once the money reached her account she would not take my calls. I was advised by a lawyer to write to her and I did on a few occasions and no response. She has now gone to the police and claimed that I am harassing her and as I have her new address she's not sure what I might do. I live in Scotland and had her previous address and there were no issues. my grounds for divorce was that she assaulted me and threatened to stab me. She has painted a bad picture of me and I got a warning from the police but there are no previous recorded domestic issues in the 20 plus years of marriage. She has told the police that I pressurised her into paying her money but it was voluntary and all her idea and she has twisted everything around.
Expert:  Clare replied 1 year ago.
Hi
Was there a financial Order made within the Divorce proceedings - and have you remarried?
Clare
Customer: replied 1 year ago.
A financial order was made and the ex was to get the first £100,000 pounds of the proceeds from the properties and she recieved around £120,000.
I have not remarried.
Expert:  Clare replied 1 year ago.
Hi
So there is an Order that make sit clear the balance of the monies would be yours
How much does she owe you in total
Clare
Customer: replied 1 year ago.
I would say she owes me £18,000 pounds.
Expert:  Clare replied 1 year ago.
Hi
Do you not have the completion statements from the sales to show the exact sum?
Clare
Customer: replied 1 year ago.
After her pay out of £100,000 pounds the remainder is £22,138 and she already paid me £4,000 pounds.
Expert:  Clare replied 1 year ago.
Hi
What assets do you know that she has?
Clare
Customer: replied 1 year ago.
I would expect she will have money in the bank and she bought a house.
Expert:  Clare replied 1 year ago.
Hi
You do not need to use Money Claim online and should close it immediately.
You are entitled to enforce the Order via the Divorce Court and can ask the Court to decide how to enforce it.
The form you need is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d050k-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
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