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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I have just attended court for property issues & no way of

Customer Question

I have just attended court for property issues & no way of affording a solicitor or barrister, when at court I asked if I could get some help, there was none available I reluctantly went into the hearing room, the judge did his best to explain what thing meant, but I just couldnt take it all in as Im not legally astute. However explained to the judge that I really couldnt go on & felt I needed to have some kind of legal representation this was refused as he wanted to press on with the case, I then asked to be pardoned from the hearing this was granted, how do I now appeal against this please as I feel this was not right & unjust
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Are you saying you would represent yourself?
Customer: replied 4 years ago.

no not at all sir, Im not legally trained or minded

Expert:  James Mather replied 4 years ago.
If you don't want to represent yrself and cant afford solicitor, what did you want?
Customer: replied 4 years ago.

is there any way I could get legal help to appeal & to a new hearing as I have explained I have no monies to afford a solicitor or indeed a barrister is there any charaties you could put me on to that could assist me please I am in need of serious help I fear I could end up in jail, please any help at all

Expert:  James Mather replied 4 years ago.
What is the property issue? why do you fear jail?
Customer: replied 4 years ago.

The issue was on how the property was to be divided.

I owned a house with my ex partner, she lived in the property prior to me, with her ex husband. When I took over the mortgage with her she had been through a divorce and needed to pay him his share, I agreed to this being part of the mortgage. However I did not realise that she had me sign a form that stated I agreed to pay her legal aid fees as well, and the Land Registry have put a restriction on the land. During our court hearing today, it seems that I am only entitled to 21% of the settlement, but the court went onto deduct, my share of the outstanding mortgage, half of the LSC charges, and then her barrister costs,,,,,, so on and so on untill I have ended up in debt. This cannot be right, she has walked away after I have paid the mortgage for all this time, with the house souly belonging to her, and with me paying her debts.

I am out of work and cannot afford to pay such high costs, without paying I fear that I will go to jail for debt.

Expert:  James Mather replied 4 years ago.

Thank you. Let me put your mind at rest. Debtors prisons were abolished at
the end of the -century although I understand that the legislation was not
actually repealed until about 60 years ago. The only time you will ever go to
prison is for a debt which is owed to the government. So don't worry about

There is no legal aid available for this kind of matter and you are faced
with either dealing with it yourself or paying for solicitors.

Without knowing full details of the case from the very beginning, it is
very difficult to advise why you ended up with all these various costs against


Would it worry you if you went bankrupt? Do you have savings or a house?

Can I help further?

Customer: replied 4 years ago.

No I do not have savings or a house, so what happens if I declaire myself bankrupt ? & how do I go about it.

Expert:  James Mather replied 4 years ago.

If you cannot afford to pay these debts, then the first thing you should do
is see a debt counsellor or an insolvency practitioner. To make yourself
bankrupt you will have to find about £400-£700 so there is no point in doing it
yourself, you may as well let one of your creditors do it for you. Let them
have the expense. The insolvency practitioner will advise you.

If you do go
bankrupt, most of your debts are wiped out apart from certain maintenance arrears
and student loans.

It will affect
your credit rating and you will not be able to get credit over £250 without
advising whoever you are borrowing from that you have gone bankrupt.

After one year,
you are discharged but it stays on your record for some years. Basically, it
does give you a fresh start though.

If you Google "can
I go bankrupt" you will get plenty of reading. Here is one that I found
and here is another one to keep you occupied

Can I help further?

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