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Apealling a 'head of agreement' due to duress.

  • Monpellier
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2 years 11 months ago #497998 by Monpellier
I had my FDR without a solicitor. I didn't know that telling lies in a Family Court is normal so at the start of the FDR my wife's solicitor told some false and unfounded statements that put me under duress for the Hearing.
Firstly, he said regarding a frivolous 'Controlling & Coercive Behaviour' investigation that Police believe a \"successful prosecution\" was likely (plus other false nonsense). Straight away for me that would mean me losing my job, my home, time with my daughter etc. He also convinced the Court that I had £85K hidden with friends and that put me under more duress and I didn't but the Judge gave his advice on the assumption that I did!
Although I signed the rough 'Heads of Agreement' on the day, it clear that it was under duress and the Police did not say nothing, there were no charges and the case is closed. The solicitor lied to frighten me and influence to Court.
Can I do a N161 appeal now that I know his lies put me under duress? I would like it to go to a Final Hearing as there is proof that £85k is not hidden and the Police have responded that they did not say what the solicitor said?

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2 years 11 months ago #497999 by .Charles
Unfortunately you might have difficulties. The judge at FDR can take into account what is said and can make assumptions.

If the FDR judge accepted that there was a hidden £85k, this will skew the figures against you. As you know that there is no hidden £85k, you did not have to accept the Judge's opinion and you should not have entered into an agreement.

There are options available to you but you must act quickly and I would recommend that you seek legal advice as the issues are too complex to deal with on this forum.

Charles

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2 years 11 months ago #498041 by Monpellier
Replied by Monpellier on topic Re:Apealling a 'head of agreement' due to duress.
Thank you Charles. That's a fair comment. Regards Jon

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2 years 11 months ago #498117 by Monpellier
Replied by Monpellier on topic Re:Apealling a 'head of agreement' due to duress.
My latest Court Hearing was a travesty. I protested that I was under duress during my FDR and that I didn't have the money. We had a different judge who did not know the case and just told me to pay £147,000 on December 21st for the clean-break plus pay costs £1,080 and then interest at 5% on the 147K.
That was over a week ago. There is no Consent Agreement and I have not had anything from the court or Ex's lawyer saying what, when and where.
If I don't pay the £147 on the 21st December, what will happen?
My Ex owes me a £4,715 loan too and I would like that before I pay the £147k - how do I go about it?

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