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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33279
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex solicitors started proceedings remedy knowing

Customer Question

My ex solicitors started proceedings for financial remedy knowing that all income figures were falsely reduced and so provided a form e which was incomplete. They refused mediation, and during proceedings, applicants accountant confirmed that he had completed the tax returns incorrectly, adding the applicants income falsely onto mine. During the hearings, I advised the court of this and have it on court record as the judge saying he was not interested. The case has gone on for many years now as a result of the consequences of filing a false form e, and then many vexatious hearings to blame the victim for the delays, the solicitors and court failing to follow procedure and apply for an fdr. I want to claim all my subsequent costs from either solicitor/court for failing to follow practice directions, but then consistently blaming me for the delays. I have the transcripts which prove the above and now know that as I was unrepresented, it is obvious from transcripts and correspondence that they took full advantagemof my lack of legal knowledge, with the court only interested I getting me to appoint a legal team to make his life easier. I wish to claim £60, 000.00
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months 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.
Could you give some more of the background please includng
Did you apply for an FDR?
Has the final Order now been made?
Did you ask for a Wasted Costs Order?
Clare
Customer: replied 11 months ago.
Obvious now that ex wanted a quick settlement based on 2 years tax fraud, as I was lip I kept advising court re fraud but was ignored. Despite vexatious hearings made by ex, with court passing his costs on to me the final judgement passed 2 out of 3 properties to me on the fmh and the other a holiday let on a clean break basis, the 2nd property being my pension and income provider. Ex did not apply for an fdr, the court knew this and a final heari ng had to be adjourned in April, running out of time due to me having to x examin the ex over
considerable non disclosure. The final order was then made after a 2 day hearing in july 2014. However ex did not like the outcome,
another hearing in October 14, when ex said wanted to appeal, giving no grounds. I appointed a solicitor to find out what was happenin
g, court refused to answer any of her enquiries and a hearing giving permission to appeal went ahead with neither of us being notified
and her letter being handed to the judge at the hearing, still with no reply given. Had an appeal hearing on 30 06 15 judge was partisan
, order favoured ex, to retain the fmh I had to repay 50, 000.00 mortgage, I have no mortgage raising ability, the 2nd property if I wanted to retain it I have to pay ex100, 000.00 and can onlydo this by equity release leaving me with no pension. Ex is extremely vindictive and revengeful and is more intent on ruining my life, which has resulted in more hearings, with the district judge not the appeal judge, to order a further sum of £13, 000.00 is paid in respect of contents of a jointly owned yacht, signing over the 3rd property to the ex and signing paperwork to strike off the ex limited company which owes me £18, 000.00 in dividends. It has become such a farce that I can only think it all needs to go to the high court, the assets were over 500, 000.00 and I believe it should have gone there in the first place? I have transcripts asking for my rights in court consistently but was ignored. The courtandex legal team blaming me for the delays/costs. I had to go to a hearing on 17th november, as ex insisting now the flat providing the income is sold, I advised that if it was then I would have to apply for maintenance based on one third his income (110, 000.00 net per annum) I will not engage with ex solicitors due to consistent perjury and litigation misconduct
Kind regards
Debbiecsharman
Expert:  Clare replied 11 months ago.
Have you appealed the order of 30th June?
Customer: replied 11 months ago.
No I have not, my then solicitor advised in court that we would not, due to cost, I disinstructed solicitor straight after due to lack of funds.It has taken considerable time to follow order, as ex and legal team so obstructive, but the transcript records the partisan nature of the hearing. Following supreme court ruling, I have been scrutinising ex schedule of assets, which have assets not disclosed and my liabilities not accounted for. I have an accountant currently filling in missing sums and want to recalculate, I have advised ex of this, but throughout he has refused to engage. I am able to make applications to the court and am considering applying for order to be struck off as figures fraudulent to arrive at a settlement which would give me an income and pension. Selling the 2nd property would be possibly impossible as service and maintenance funds dissappeared and I am currently trying to get these funds returned/investigated by NCIS. Throughout I have been abused by ex legal team and the court who have taken advantage of my lack of legal knowledge, however, with the transcripts and having copies of the court file, I have evidence to prove this. Only ex figures were used by the judges, without questioning obvious inaccuracies.
Kind regards,
Debbie
Expert:  Clare replied 11 months ago.
Hi Debbie
have you identified any assets that he did NOT disclose?
Clare
Customer: replied 11 months ago.
Hi Clare,
Thank you for your response, sorry for delay, yes I have identified assets not disclosed, the ex schedule does not have any bank balances, his income, pension, true value of yacht, his inherited property (decree nisi pronounced 3 weeks prior to his mother's death from an illness I was aware off when we were a couple - I am sure that court failed to follow correct procedure in this). In addition figures for me were increased contrary to evidence. I provided a schedule myself, which the judge advised he would refer to but this did not happen. In addition solicitors insisted on expert witness providing a further property valuation on the fmh insisting they add an additional bedroom, this falsely increased the value by £62, 000.00. I am thinking I produce a correct schedule with evidence, calculate how re -evaluated sums affect settlement and advise ex I will take case to high court, leaving them now responsible for providing evidence to support false schedule and provide evidence. (I have a transcript recording me pointing out no bank balances provided, the barrister shot me such an aggressive look, I was stunned into silence, the judge ignored all this). Meanwhile so many unwarrented costs have been passed on to me, I think the matter needs to go to a higher court for this alone plus the court has proven itself partisan throughout, with judgements blaming me, contrary to evidence, for all the hearings, costs and delays, with false evidence again provided re figures and blaming me contained in paperwork provided by ex barrister for the appeal.
Warm wishes
Debbie
Expert:  Clare replied 11 months ago.
Are you willing to seek leave to appeal out of time?
Customer: replied 11 months ago.
Hello Clare
I am prepared to do whatever it takes to get a fair hearing based on correct figures, if this means appealing out of time, then I am prepared to make that application. I want to rely on incomplete Schedule of Assets supplied by ex's barrister and overlay missing figures on top and am working on this at the moment via accountant. I did apply to the appeal court within 21 days but
all my paperwork was returned. The appeal process failed to comply with Practice Directions, with a solicitor who I instructed to contact the court to ascertain progress, all her letters being ignored by the court. I then went to Portsmouth to read the file and get copies and there was correspondence/orders which had not been sent to me. I have no faith in Aldershot/Farnham/Portsmouth court and have been told that if the assets are over £500,000.00 the case should have gone to the High court anyway. This court has unjustly awarded costs against me contrary to evidence on court file and in the transcripts and appears to have given up with any semblance of applying correct procedure, being totally partisan in all decisions.
Best wishes
Debbie
Expert:  Clare replied 11 months ago.
Sorry - do you mean that you DID try and appeal out of time?
Customer: replied 11 months ago.
Hello Clare,
I did try to appeal within 21 days and provided the papers in time but wanted file to go to the high court and was told by Portsmouth that I had not completed the correct forms, so my application was returned. Following this I got the transcript and then there was the supreme court ruling, so currently assessing missing figures/litigation misconduct/courts failings/slander and libel of applicants legal team in order to get orders for costs made against me etc and really want this matter removed from current court as much evidence that it is partisan. At the hearing on 17.11.15, applied for by ex, I made an application that the file be sent to the High court, with court advising me that he could not do that. I also applied for sums owed to me by ex be paid, court advising not possible as post apppeal, having already ordered I pa y ex £13, 000.00 extra at a hearing on 1.9.15 post the appeal. The court is aware of my concerns regarding its behaviour and has suggested I make a complaint to Min of Justice.
Best wishes
Debbie
Customer: replied 11 months ago.
Hi Clare,
One problem is I do not know what can be done when with regard to procedure and the courts are deliberately evasive. I am finalising a schedule of assets with documents to prove the figures, unlike ex s barristers schedule, which court relied on at appeal. I am going to recalculate apportioning of assets, take this to a mediator and also go to the high court to get applic ation. The appeal judge was unjust, failing to consider sec 25 of MCact, I am now in process of signing on! I can forward schedule to appeal judge and request order struck off and matter reheard.
Any suggestions gratefully received,,
Thank you and best wishes for Cristmas,
Debbie
Expert:  Clare replied 11 months ago.
HiI am afraid that you have been misinformed - there is no requirement for a case such as this to go to the High Court because of the value of the assets.You need to apply for permission to appeal out of time and then appeal the order - it would seem that you have very good grounds for doing soThis website gives a guidehttps://www.familylawdecisions.co.uk/useful-information/appealsYour key area to concentrate on is the confusion over the assets and the Judges failure to properly address thisI hope that this is of assistance - please ask if you need further detailsClare

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