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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34284
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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In 2011, a judge awarded my ex wife £10,000 because council

Customer Question

In 2011, a judge awarded my ex wife £10,000 because council tax found that I was not liable to pay council tax. I had been locked out of my property for 4 years. 2years not living at the property, I was paying the council tax, but the other 2 years I became unemployed. Council tax demanding payment, I told them that I have not been living at my address so why should I pay monies. They stated 2 years have been paid and I said I paid the 2 years. They came back to me do I want my money back and I said yes because of mortgage arreas I was dealing with at the time. Now at our divorce proceedings my ex wife who had been living in my property while she property was gaining income and who was employed, went to court and complained to the judge that I got a rebate and the judge asked me if I took thee money and replied yes. I wanted to explain but he did not want to hear and awarded my ex £10,000 to pay her in a year.
my ex went back to court because I had not paid anything due to not having the monies to pay, and it got thrown out of court in 2014. now she has gone back to court again and they have awarded her the £10,000 plus interest and court cost. I was not able to attend the hearing due to work and the short notice I had to attend court.
1.I want to appeal about the 2011 judgement because my legal aid representation did not help me by not using the information by myself?.
2. Due to the situation at the time I was homeless, unemployed and had health problems, none of these things was taken in consideration. How can a judgement be made on these grounds?
3. What can I do about this last judgement?
4. I the court keeps on spelling my name wrong do I have to comply with their request?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the exact wording of the latest Order?

Customer: replied 1 year ago.
Final charging order
Customer: replied 1 year ago.
By calling you is there an extra charge
Customer: replied 1 year ago.
I have given my card details but not getting any response
Expert:  Clare replied 1 year ago.

My apologies for the delay

What did you think happened in 2014?

Customer: replied 1 year ago.
I think the judge changed his mind on the original decision.
Expert:  Clare replied 1 year ago.

Do you have a copy of that Order?

Customer: replied 1 year ago.
Not at the moment, having trouble locating it order
Customer: replied 1 year ago.
how long do I have to make an appeal
Expert:  Clare replied 1 year ago.

Ok

1. I am sorry but you are far out of time to appeal the Order from 2011 - unless you can show that your ex had assets that she did not disclose

2. See above I am afraid

3. I fear that you have not understood what has been happening. I suspect that the 2014 hearing was an attempt to enforce the order that failed - not that the Order itself was overturned. What has happened now is that your ex has again tried to enforce the Order and has obtained a Charging Order securing the debt against your current property.

That is not an instant problem as she ha sto take separate action to try and force a sale

4. The fact that your name is ***** ***** no protection I am afraid.

If you are able to find any of the orders and send them to me I will try and help you clarify exactly what has happened