How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have a judgement against an ex-firm of Solicitors and we

Resolved Question:

I have a judgement against an ex-firm of Solicitors and we have approached their ex-insurance company to indemnify the claim. There were two partners in the firm, one in Wales who was struck off for misappropriation of funds and the other in London, who alleged to the SRA that she knew nothing about what he was up to. However, the insurance company now say that they have evidence that she was involved in mortgage fraud because there were errors on her mortgage application. I don't believe she was involved because I filled in a mortgage application form that the male solicitor dealt with for me and three yrs later when I saw what the mortgage company had on file, my application had been altered in a different handwriting (same with hers). But we have asked her if she knew about the alterations and she refuses to answer, can I somehow (legally and safely) get her to answer. We have tried an enquiry agent but she refused to speak to them - all she will say is "don't take my silence as guilt". Pls help.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you would like to know about this please?
Customer: replied 1 year ago.
Is there a legal, friendly way of getting this women to answer our question?
Expert:  Ash replied 1 year ago.
Is there any reason why you haven't just enforced judgment at this stage?
Customer: replied 1 year ago.
Hi sorry -not been well this w/e. Both partners made themselves bankrupt shortly after he was found guilty - so we were trying to get their insurance company to indemnify the claim but after 7 yrs of messing us around, by changing the firm of solicitors who were representing them, to saying that unless they were bankrupt at the time of the Judgement then we needed to make them bankrupt again, to which we found out that we didn't need to make them bankrupt again, so finally they would deal with us under the 1930's ACT and then they said that she was not an innocent either, so they don't have to indemnify our claim. However, what they are accusing her of, I'm not convinced she did but when we try to write to her to ask her, she refuses to answer us, so we are in a stale mate situation, so that is why I am asking for assistance. Best regards, Mia
Customer: replied 1 year ago.
Our solicitor has written to her to ask if she knew about the erroneous entries on her mortgage application and so have I but she won't answer us, all she has said to me is "don't take my silence as an admission of guilt`'. We sent an enquiry agent to her door but she just shouted at him through the door for half an hour, making out that she is having a nervous breakdown but a few minutes after he had left she was on Facebook posting issues about women's rights and appearing of clear and sound mind, so I think it's an act but what can we do?
Expert:  Ash replied 1 year ago.
Mortgage fraud, as in your application or someone else's?
Customer: replied 1 year ago.
We filled in our mortgage application truthfully and then we sent it off to the mortgage broker, then he sent it to a packager and from there it went to a bank. A few months later we filled in another form, exactly the same as the first one, it went back to the mortgage broker, who then sent it to a different packager and then it was sent to a different bank. Three years after we had completed on the properties, I asked to see copies of our mortgage applications that the banks had - there were serious alterations on our first form, someone had given me a career whereas I was a Full-time Mum, my income had been increased from £1178 per annum (child-benefit) to £11,178 pa and someone had written over what I had said we would get in rent. When the form came back from the second bank, it was a ten page document that we hadn't seen before - someone had taken our details and filled in a new form, given me a career, changed my income to £11,778 and forged our signatures (badly). But the insurance company are saying that the ex-partner had lied on her own mortgage application form - but it is clear to see that it isn't her handwriting. She has tiny, neat handwriting and the bit they said she has lied on is where she is asked how long she has worked for the law firm and someone else has written a large flowery 5 years. But when I asked her, did she know about the alteration on her application form, she refuses to answer. If she didn't know, then the insurance company would have to deal with us again but until we know, we can't do anything, so that is why I'm trying to find out what I can do (legally) to encourage her to answer a very simple question. Thank you.
Expert:  Ash replied 1 year ago.
Can you make them answer a simple question - no.
Sadly you have a Court order and that's it. You can't make this person answer a question. You could try and obtain a Court order to make them answer it, but there is no obligation otherwise.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
What does obtaining a Court order entail, please?
Expert:  Ash replied 1 year ago.
You would need to use form n244:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
The Court will list the matter for hearing and decide whether to make an order.
Does that clarify?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash and other Law Specialists are ready to help you