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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8140
Experience:  Barrister at law
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I am currently representing myself in my divorce case (court

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Hi- I am currently representing myself in my divorce case (court booked for 6 August 2020) court directions asked for a CGT calculation on the sale of my investment flat ( I also own the family house- I am the sole mortgagee & deed holder of both properties) the joint instruction stated price at £240k - the calculation was submitted & only hve just realised the accountant had done this - as I emailed her the sale details of the flat & the price is £260k & thought she would calculate as such- the sale price was not itemised on the report!! Now report has been submitted at incorrect price- the o/s have said change not submissible- I have to send an application to the court- what is this & how do I do it?
Thank you for any guidance you can give
Sincerely ***** ***** ***@******.***

Hello, my name is*****’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

If this is a simple accounting mistake I cannot fathom why the o/s are not agreeing a change and saying it is inadmissible. It seems they are being incredibly awkward.

You need to make a D11 interim application, setting out the order that you would like the court to make.

The form is here: https://www.gov.uk/government/publications/form-d11-application-notice

I hope this assists?

plclegal and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Peter, I have downloaded & will look up court fees to submit it. I believe the Respondent's solicitor is being very awkward - thought willing to accept I may be prejudiced. On same matter - sort of - by a weird coincidence same solicitor is also acting for a Mr Nicholas Hansford & his divorce - however Mr Hansford took a short term rental of my flat (yes by coincidence he was the boyfriend of my best friend who was advised to move from his bedsit to a one bedroom flat to aid his custody/access. I offered him 5 months from 1st Nov 2019 - 1st April 2020 as the flat is on the market re: my divorce. Mr Hansford paid no rent or deposit & I begged my friend to get him out & stay with her by 31st December as he had lied and lied about transferring the rent payments - but nothing came. He moved to my girlfriends, she returned the flat keys to me, he left a sofa, table, chair & some pictures & texted me to ask if they could remain until he had found somewhere to move to - he would collect them on 18th January between 1-1.30. I changed the front door lock to the flat (but not the communal front door). On 18th Jan 2020 I got a call from the woman who owns the ground floor flat saying she was locked out. Mr Hansford had drilled out the locks & changed them - he had received advice from the respondent's solicitor - is this conflict of interest - if so what can be done - if anything ? Sorry I know this sounds like a real mess - 'living the [email protected]!!
Best Tina Blake
Customer: replied 1 year ago.
Hi- can you please respond to the above issue- many thanks ***** ***@******.***

Hello, apologies I don't know why the issue hadn't been forwarded to me.

It doesn't appear to be a conflict of interest I'm afraid, the two matters are entirely separate.

You also don't know for certain what advice he had been given, of course.

Kind regards, Peter

Customer: replied 1 year ago.
Hi Peter- The matters are related in that- my husband wants both the FH & the flat sold, so that he can have his half. The flat is on the market- Mr Hansford had a short time let to April- but on o/s solicitor’s advice ( my girlfriend saw the email & Mr Hansford discussed it with her) he Re-entered the flat- therefore making it difficult for me to sell & therefore cannot realise the sale - to give MH half .... so how can the solicitor be acting in MH’s best interests!!? ... just a nagging thought... enjoy your Sunday- best Tina

Because the solicitor has a duty to advise all clients of their legal rights, this isn't conflict. This is in fact an example of where the solicitor is acting without conflict. A conflict would be failing to advise one client in order to provide advantage to another, if that makes sense?