I have had my final hearing (self-represented v his barrister!) to which we agreed a final settlement - yeah!
A court order was draw up & both of us signed it in front of the judge.
The problem I have now is that my ex has decided not to adhere to the court order - I shall explain:-
It was agreed that my ex
1. \"shall redeem the mortgage on or before 9th March 2018\"
2. \"shall pay me a lump sum of £?????? on or before 9th March 2018\"
The figures of the mortgage that I agreed this settlement on were that he would pay the outstanding mortgage at the time of the hearing. Unfortunately it was too late for me to cancel my next direct debit payment (as I pay the mortgage) so the amount he was to pay would therefore be 1 months payment less than that agreed in Court.
I immediately spoke to the mortgage company, explained the situation & they agreed that I could cancel any further payments to them as there was sufficient funds on the mortgage to cover any missed payments. I have confirmation that the mortgage was never in arrears because of this.
My ex has now told me that he \"assumed\" the mortgage would be in arrears due to my non payments & although he has paid off the outstanding amount in full, he has DEDUCTED two months mortgage payments off the amount that he agree to pay me!!!
I have written to his solicitor (who did not represent him in the final hearing) & he has basically told me I'm not getting my money.
My mother was in the room with me when I was discussing the final figures with my ex's barrister so I have a witness to discussions & figures that I agreed on.
How can I now get the money from my ex that he has deducted from monies that were agreed in the Court order?
The order should say something along the lines of you having liberty to apply. This means you can go back to court (and claim any costs) to force him to comply with the order. You would need to apply using form D11.
Yes it says \"The parties shall have liberty to apply to the court concerning the implementation and timing of the terms of this order only\"
Does this mean that because he has not paid the full amount I can take him back to court to get the money he owes me, regardless of what he thinks or what his solicitor says?
He should pay whatever he was ordered to pay. This is a court order, he and his solicitor cannot just do what they want.
I would suggest you write a short letter to his solicitor and him stating that unless they pay the outstanding amount as per the court order by XXX date, you will have no option but to apply to the courts and seeks costs from him.
I already have done that but his solicitors reply is that because there was no agreement in court that the payments would cease prior to the mortgage being paid off, it is unreasonable for me to miss the payments & therefore my ex is perfectly within his rights to deduct this amount from me!!