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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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The question is quite long winded, is this okay?

Customer Question

The question is quite long winded, is this okay?
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.
Hello my name is ***** ***** I will help you.Could you summarise your situation and I will see if I can help?Alex
Customer: replied 7 months ago.
Hi eight years ago I stupidly signed consent Order on property at divorice! I wasn't in good place and was given poor legal advice! I gave my ex 15000! Amd agreed to 31000 or24% Gross market value when daughter leaves education! She has now so last year we started exchanges via his solicitor! He asked me to got property valued by agent he instructed! I did this and he was not happy with it so insisted I it two more! I offered him
24000 months ago to have am end to it but he declined askin for 28000 which his solicitor said was average of the valuations!
The problem now is I could not get that (I am 54 and having to use all my pension which claimed early because of this) so had to say no! I would have given it him if I could
I stupidly thought I had option to then sell the house and then come to agreement! But now have Heard from court sayin it being Heard next week! Will this just be for judge to rubber stamp that I give him the whole amount and pay his costs!
He remarried years ago so this will likely pay off large part of their mortgage! The 15000 I gave him paid for his wedding!
Customer: replied 7 months ago.
Hi will I be able to retrieve answer if got interrupted? Meant to say my financial position changed since he left I am earning half as much as was
Expert:  Ash replied 7 months ago.
It's family law and sadly that is not my area. One of my colleagues will be able to help shortly.
Customer: replied 7 months ago.
I did click on that option sorry!
Expert:  Clare replied 7 months ago.
My name is ***** ***** I am a family lawyer.Do you still have a copy of the original Order?What were the valuations which you received and how much is outstanding on the mortgage?
Customer: replied 7 months ago.
The valuations were 95000 110000
And 120000 I am not sure if I have copy of Order as such but it is clear in what I do have of what I explained above? The problem with what is outstandin is as I say my financial situation changed enormously ju's after he left, I had to borrow more to say off loans we had when our old mortgage was paid off and I ended up gettin a interest only mortgage! It is a complete and utter mess! I aboot belíeve just how foolish and naive I was but that's what his mental and physical abuse did to me at that time sadly! I am a different person now but it cost me not just financially but I was a nurse for almost thirty years prior to all this! I made some errors at work and long story Short I no longer work as a nurse, all be it out of choice in the end! I just wish I had given him the 28000 he asked for, how stupid was I to think that I would just be directed to sell house if we could not come to agreement!
Expert:  Clare replied 7 months ago.
"Was the wording £31,000 or 24% whichever is the Higher?"
Customer: replied 7 months ago.
Yes
Expert:  Clare replied 7 months ago.
How much is outstanding on the mortgage?
Customer: replied 7 months ago.
Am ashamed to say 90000due to money I borrowed when he left and I had to take over mortgageūüė™
Expert:  Clare replied 7 months ago.
Right I understand now - so genuinely you have nothing to pay him with even if it is sold?
Customer: replied 7 months ago.
only my pension as I said and my mum will help me so I can pay him but was trying to negotiate with him/be amicable about it but should have known better, I should have known bettr! but did think after all these years he would have realisetd the fact I have given him 15000 already and the fact he hasn't live dthere or contributed to mortgage or upkeep of the property since he left/got remarried that my offer of 24,0000 was more than enough....
it is too late now and totally different story but he had nothing, literally when met me, he moved into my old house and we sold it to buy this one! he didn't even work for years so I paid the mortgage etc etc......I really though his conscience may prick slightly and that he would accept my offer but as I say I should have known better and it does not help me and my current situation!
I guess the question I have is.....is it a "rubber stamp" exercise at the hearing and will I be forced to pay the whole 31000? will it not be addressed that I have tried to come to arrangement with him? I am worried sick!
Expert:  Clare replied 7 months ago.
What exactly is the application for? What does the paperwork say?
Customer: replied 7 months ago.
It literally says hearing is 16 may! I got letter on Friday the other problem I have is that I am away at a wedding abroad!
Customer: replied 7 months ago.
I have written to court to explain that I am away etc and emailed then
Customer: replied 7 months ago.
Are you not able to advise further?
Expert:  Clare replied 7 months ago.
My apologies for the delayI appreciate the date is short - but what does it say that he is asking for?
Customer: replied 7 months ago.
Idon't undestand the question? Sorry, I have just had letter from court sayin in two lines the hearin is next Tuesday, I Heard nothin after I said I couldn give him 28000but could give 24000, I contacted his solicitor yesterday but she advised she not representin him now so guess she just submitted the "papers" to the court! If you can't advise I will try make contact with a solicitor locally , many thanks
Customer: replied 7 months ago.
Still not sure if you can help but just had email from court advisin that "my file been sent to district judge" and I'll hear one decision made?
Expert:  Clare replied 7 months ago.
My apologies - I am trying to find out what your ex is actually applying for - as in fact his only option is to force an immediate sale of the property- which will not produce the money that he expects.I am also uncertain as to why his interest in the property was not protected so that you could not remortgage the property.All in all it does seem very odd - but as I am sure that you understand without seeing the actual paperwork it is hard to be certain.The Court will let you know about the adjournment - it may be that they will insist that you make a formal applictaion and pay a fee but that is the worst case scenario.It would still be helpful if I could have a better idea about what the actual Applictaion is for
Customer: replied 7 months ago.
I am sure it is for nothin but the execution of the Order or whatever the legal term is and this is what I don't understand eíther because if the property is sold then he has two options the way I see it anyway and that is that we put it on at the highest price and wait for the sale and he may then get the amount he wants or it is sold at a lower price and he gets his 24% of that which will be much less than my first offer to him of 24000!
I could speak on the phone to you but will this increase the cost much?
Expert:  Clare replied 7 months ago.
The site does charge more for a phone callAre you sure you do not have a copy of the original order?
Customer: replied 7 months ago.
I saw a solicitor last year who said it wasn't the order I had as it was not stamped by the court but what I do have is very clear now that I am thinking clearly and not in the place I was when signed it I just don't understand what the court process is about?
Expert:  Clare replied 7 months ago.
That is ok - can you scan and send what you have?
Customer: replied 7 months ago.
I don't have access to scanner at minute but I'll see if an photograph it vlearly
Expert:  Clare replied 7 months ago.
Sounds good!
Customer: replied 7 months ago.
Here is letter re the hearing
Expert:  Clare replied 7 months ago.
Great - and whatever you have of the original agreement?
Customer: replied 7 months ago.
And what I believe to be the order
Customer: replied 7 months ago.
The last letter received from his solicitor to which I replied offering 24000 . What are the court proceedings likely to do ?
Customer: replied 7 months ago.
Sorry forgot to attach
Expert:  Clare replied 7 months ago.
Well the first piece of good news is that it is 24% of the value - NOT £31,000 that is payableThe second is that the mid point of the valuations is lower that set out in the letter based on the figures that your have givenso your offer of £24,000 whilst a little low their counter offer was too highThe correct figure is £26,000.Could you still raise this?
Customer: replied 7 months ago.
Sorry I don't undestand first part of your question? Also that was partly Wilt I was asking you? Given that hearin has been set, am I able to still negotiate at this point? I really don't understand what is goin to happen at court? I am away at family wedding in cyprus as I said from sat?
If I bay raise this at this stage then I will but how do I do this?
Customer: replied 7 months ago.
Just read again I do understand! It's just a case of deciding what the value is!I
I got first valuation done by the agent he instructed! He wasn't happy withthat! Nor next one I got so made me get another one! I just need to know what the court process is about and if anythin I can do at this stage?
Customer: replied 7 months ago.
Hi are you able to Able to advise any further? Thanks
Expert:  Clare replied 7 months ago.
There is indeed much you can do - but the question is can you raise £26,000?
Customer: replied 7 months ago.
As said previously my mum will kindly help, I have unfortunately had to cash in my pension knowing this was coming! It's a complete mess I know but once he has his money he will be out of mine and my daughters life for good (he has had hardly any contact with her since he left when she was twelve!)
What is the court hearing all about? Is it in fact a "rubber stamp" on the Order? How will it be decidedd what I give him? As I say I am away next week but letter does not ask I attend anyway?

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