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Jo W
Jo W, Solicitor
Category: Law
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My ex wife is making false claims against me in court.

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Hi there, my ex wife is making false claims against me in court. Claiming i sold a property to defeat her claims yet i have offered to instruct agents jointly to settle the matter. In turn she is demanding large sums of money to settle when there is no money with which i can satisfy those demands.
JA: Has she talked to a lawyer about this? What country does she live in? If different, what country does this legal question relate to?
Customer: yes she has a solicitor. She lives in the UK
JA: What steps has she taken so far?
Customer: She has filed for a court hearing
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: but i do not understand my defence since the thing they are seeking in court i have offered already

Hello. My name is***** am a solicitor here to help you with your question. I will respond as soon as practicable which will be some time today.

Hello.  Can you confirm at what point the case is at - you mention a hearing, you also mention settlement options, which is generally a good idea?

Also, what is the claim/case about, what is being claimed.

Finally, what is it you are asking for from Just Answer?

Jo W and 3 other Law Specialists are ready to help you
Customer: replied 3 days ago.
Over a long period of time i had a great deal of debt and was about to be declared bankrupt. To settle the debt i had to sell the former marital home. I had previously reached out to both my ex and her solicitor informing them of the serious debt problems but they were ignoring me. My mother offered to purchase the property at above market value. We sought three independent agent valuations and a surveyor valuation and i sold it at the top end of those valuations. In court she is claiming i sold the property at an undervalue. In the meantime i have explained to my ex and her solicitor that this was done purley to avoid my bankruptcy and that i am more than happy to jointly list the property with an agent on the open market if my mother agrees. They are refusing to take this option and instead are demanding large sums of money to avoid court action. The next hearing is an FDA i believe but this hearing is to list her points of claim which are: selling the property at an undervalue. Section 37. But once again i have stated that we can list the property on the open market and sell it openly.
Customer: replied 3 days ago.
I want to understand how i can be bullied into a court process where there is no dispute. I am not disputing my exes claims. I have made open offer to list the property for sale on the open market which negates her claims. What can i do?

Hi there, we have just spoken.  What a torrid time and I must add that you have been very reasonable and have managed all the key options.

We talked about correspondence.

1.  LETTER TO LAW FIRM - CONDUCT.  (up to you whether you want to send).  I refer to previous correspondence about receiving correspondence directly from your client/your client's father.  I must insist that any such correspondence in respect of this case be directed by [LAW FIRM NAME] in acccordance with the Solicitors' Code of Conduct.  Should it continue and {LAW FIRM} remains on the Court record  I shall have no alternative but to refer it to the Solicitors Regulation Authority.

2. OPEN LETTER TO LAW FIRM.  To cover

-your offer

-improvement on any previous offers and a clear list of what has happened re valuations and offers.

- how you have responded and agreed to issues such as valuations etc

- In the event that the parties can't reach settlement, you shall be drawing to the Court's attention the efforts which have been made on your part, such as mediation and various offers and draw the Court's attention to these on the issue of costs given that in your view there is nothing to be gained from progressing this matter through the Court other than to delay and inflate legal costs and you reserve the right to invite the Court to strike out the claim.

-I would put a date in by which you expect to receive a reply by from them.

3. WITHOUT PREJUDICE LETTER TO LAW FIRM   - so, at the very top of the letter before the addresses etc put the phrase "Without prejudice save as to costs"  (On this occasion the letters will be almost identical but it shows you know what you are doing!)

This time, the letter is going to be almost identical to the other one (don't worry about that!)

- your offer

- improvement etc on previous offers

- remind them of the outcome of the mediation  (you CANT put the outcome of the mediation in the letter above)

- willing to enter into mediation again (I know it won't happen but good to offer)

-put a date by which you want to receive a reply by  - the same date as the first letter - to receive a rely FROM THEM

(Essentally we use without prejudice as a "court can't see it so people may be more inclined to settle/negotiate..and these letters don't go before the Court only at the very end when costs are involved).

I hope this has been of some help.  It's been a long process and hopefully you will get resolution sooner rather than later.  You sound to have managed it really well and if you do end up before the Court play upon the fact that you aren't represented. You usually get to ask questions we lawyers wouldn't get away with!

Any queries on this, please shout.  I will be around online again tomorrow morning.

Customer: replied 3 days ago.
thank you very much. This has been very helpful.

No worries,  Good luck.