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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Claire. The saga goes on. You say that as the father I

Resolved Question:

Hello Claire. The saga goes on. You say that as the father I have no part in the proceedings, however I loaned the couple £30,000 each, interest free ,in order for them to purchase the property. As and when this is sold , the husband is saying that he will declare that Tracy's loan was a soft loan (it was not and is to be repaid on sale of property. He is paying back at £250p/m and jan 1 st he has £18750 outstanding . both have contracts(he wanted to pay cash on the side but I insisted on contracts.in order that it was legal......The solicitor and Barrister have seen evidence of his tax evasion, but still seem to be going softly softly, now saying that new Financial forms will need to be submitted. This may give him an opportunity to leave off his false statements to avoid Contempt of court.
However he is able bodied and numerous jobs in his field are available from £25K -35k ( he claims he earns £12000) Tax return, dating website he says £25-£35K !!!!!! He has supplied me with several high costing white goods ( Bosch Fridge, Miele Washing machine , tumble dryer etc where he insisted on CASH ONLY (there was no incentive offered ), but he states that they were for services rendered... There has been nor could there be any form of service from me.Would it be appropriate for me to appoint an independent Solicitor to represent my interest and possibly that of my grandchildren. Would that Solicitor be able to produce the evidence to the Court assuming for some reason Tracy's solicitor and Counsel are not disposed to do so. They seem reluctant to upset their opposing Solicitor despite her aggressive approach. I have a copy of some of his bank statements showing that he has regularly banked thousands of pounds cash , usually £2000 -£3000 on a BI-monthly basis. ( copies have been given to Counsel)
The husband is basing his claim on FALSE financial declaration and without being vindictive it is intended that the Revenue are presented with the evidence.My daughter has limited earning capacity, bearing in mind her families needs, and is increasing her debt situation and it may well be that I have to roll over her loan for some time , but I do not want him to benefit from it. I am aware that sexual orientation is not generally a consideration , however I also maintain that in this particular case it is highly relevant as Tracy was going to take him back, until she discovered the extent of his
sexual deviations , not acceptable in a heterosexual marriage. In those circumstances could not my solicitor bring this up in his presentation to the Court. Your kind advice appreciated
Regards James
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Clare replied 1 year ago.
Hi Terry
My apologies for the delay but I was travelling to the sunshine to replenish my Vitamin D!
I am sorry but whilst you can apploint a solicitor neither you, nor your grandchildren have any right to intervene in the case.
You have contracts in place regarding the monies owed to you and it is for the family court to decide how hard or soft the loans are
There is no presentation that your soliictor can make to the court - and even if you did in fact have a claim on the house - which in the absence of the contracts you might have - the behaviour of the ex would still not be relvant and any attempt to introduce them would be viewed with disapproval.
It is for your daughter's solicitros to challenge the payments you refer to - not you
It might help if you attended appointments with your daughter so that you can have a clearer understanding of the position
Clare
Customer: replied 1 year ago.
Hello Claire, Thanks for reply. I am concerned that the husband's claim is based on falsehoods(INC Contempt of Court on Fin Form.) . It has been proven by my daughters solicitor (by contacting oroinal property Solicitor) that he falsely claimed that I pressured him into signing Deed of TRUST limiting him to 10%, whereas I had NO knowledge of either deed of Trust or indeed the Pre -Nup.
Also he is claiming on his Tax return that he earns £12000p/a, yet admits on a dating website to earnings of £25000-£35000
(his personal bank statements perhaps unwisely show bankings usually bi-monthly of £3500,m £2000, £3000, £2000, £1500
and his expenditure is far in excess of £12000. (which he would not account for). As his claim is based on his declared income we need this to be shown as it couold result in a total injustice. You state that the Court would not want to be made awre of his gross misconduct, but if it was a case ONLY of Adultery then Tracy had been prepared to take him back , but cross dressing, constant drunkeness, desire for same sex liasons, suicidal tendencies (almost occurred), etc etc are FUNDAMENTAL to the case as NO woman could be expected to live with this situation even though it has placed Tracy in a precarious financial position.( she is now in debt for £15000 legal fees ) apart from the property loan of £30,000.
Her advisers are fully aware of the facts as stated, and I have attended most of the meetings.
It has been shown that he has lied on the fin form on a number of relevant details , namely stating that the children were in good health as was Tracy. In fact the oldest (17) child has severe Chrohns, recently hospitalised, and is on chemotherapy for life (he is 6ft tall but wreighs only 7stone !!!) The couples own son is a chronic asthmatic , and is often ill (he has a barrel chest now) yet another false claim by him , and Tracy has a prolapsed womb although her husband states she is healthy and does heavy gardening and hiking. He is attempting to influence the Court entirely for his avaricious benefit even to the detriment of his own child. It may well be that as you state that I attend the next meeting and request that these matters are confirmed in Court by the barrister.Regards James
I recommend you keep up the good work with VIT D(3) (supplement if necessary and take Krill Oil capsules aswell )
Customer: replied 1 year ago.
I wou;ld be grateful if you have any thoughts as to how justice of some sort may prevail........ he is seeking inexcess 0f £160-£170K whereas he is strictly entitled by contract to £27000, however he has been offered a total of £65000app. more that twice as much. he is co-habiting now and on the occasional overnight for Scott takes him to his new partner's house to stay(she is separated). He has NO need to purchase and with his earning power there are numerous jobs available to him at £25000-£35000 ++ , and he can well afford a rental property (he is 36 , my daughter is 47), Her earnings are limited as a part time special needs school assistant (temporary appointment).
Customer: replied 1 year ago.
Ps on the financial form he stated rental of his flat was £600p/m whereas it is clearly shown on his bank statements as £400.83p/m hust yet another false declaration.
Expert:  Clare replied 1 year ago.
Hi JamesI am sorry to have to repeat the ONLY behaviour which is relevant is that which effects the financial position of the other partyAs an example - where the husband had attempted to murder the wife leaving her in a wheel chair for life. It was the outcome rather than the attempt which counted as it effected her ability to work.At this stage the Court has made no decision with regard to the falsehoods on the Form E - only if it goes to a final hearing will the truth be tested and until such a hearing the barrister will not be telling the court anything at allThis is not a matter of contract - which is why the higher offer was madeThe figure seems very well chosen - which suggests that her lawyers are indeed on the ball in the matterClareClare
Customer: replied 1 year ago.
Dear Clare, once again a concerned father writing. With regard to the property loans made to EACH party , the husband does NOT dispute his, but states that in court he will, declare the loan (contracted and witnessed) , but not by a solicitor to my daughter of £30,000 was a soft loan. Should I appoint a solicitor to act as intervenor on my behalf, or will it be better to let Tracy's solicitor(Barrister) show this. In any case it will be for the judge to interpret this. the loan in fact was a long term loan only repayable( on my death or sale of House) as it was part of my retirement strategy to provide income for my wife to support her Old Age Pension on my death.Do you have an opinion on this , as this was the intention at the time.Regardsjames
Expert:  Clare replied 1 year ago.
The simple fact is that you are not likely to enforce the loan against your daughter - and accordingly it is a "soft loan" - it has to be repaid but the time scale can vary.The cost of intervening are out of proportion to the amount lent - leave it to her lawyers UNLESS they ask you to take action
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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