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Timings on Court Orders

  • OBEs 1 canoodly
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19 Dec 07 #9270 by OBEs 1 canoodly
Topic started by OBEs 1 canoodly
HELP!!

Can someone just answer me one last thing?

OBEs Court order said that his ex had up to and including a date to pay him by and on that date he would transfer the FMH into her name.

As I knew it would.....the date came and went and we heard nothing. He rang his solicitor on that date (having tried several times earlier in that week but no reply to messages left!) and he asked if there was any sign of his money. She said she'd had a letter just that morning from his ex's solicitor to say there had been some delay in raising the money ( knowing differently, I smelt a rat!)

His solicitor asked him to go in later that day to sign the transfer deed. She also informed him that he probably wouldn't get his money until after Xmas. His ex has had 3 months in which to organise this.

Why do I get a sneaky feeling this money is sitting in a bank account somewhere earning somebody interest other than OBE?? Is this possible? If it is, can we find out whether this money has been paid and when? Could it be that it is so close to Xmas the solicitors haven't got the time to organise the transfer? On that basis can we ask for interest?

OBE was so angry he told his solicitor he wanted interest from the date of the court order until it was paid just to kick his wife into action but his solicitor told him not to even think about going down that path!! I find that quite an odd thing to advise! Are we being mis-informed here? Surely it would speed up the process putting a threat across to her like that otherwise I feel she will drag her feet she's in the home already so she's not bothered but he needs this money.

His solicitor told him that things never keep to the time of the court orders........well how stupid is that? What is the point of the order in the first place? I thought it was a legally binding document??

I would welcome any knowledge or advice. I really do feel we are being spun a yarn here.

Also, we swapped solicitors during the course of the Divorce and recently sent an amount which we made it very clear was to pay the clerks fees that attended with us on the first meeting with the Barrister. This amount was deducted from the first solicitors bill which we are going to query as she was dreadful and not worth the paper that her bill is written on. Surely this money should be applied to the area we asked it to be paid to? At what point should we make it known that we are not happy to pay the balance of that particular solicitors fees as we know all outstanding money will be automatically deducted when OBE receives his divorce settlement and he will get the balance.

I still think it is disgusting that solicitors are just allowed to dip into your money and hand over the balance!! We have never been given a proper break down of all the fees either, just letters telling us the amounts outstanding.

Should we request a break down in full of both solicitors now or just the bill for the first one seeing as the second solicitor is still working towards an end with the settlement. I just don't want to rock the boat at this stage to cause him to have to wait even longer for his settlement.


Kind ones

OBEs 1

  • Vail
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19 Dec 07 #9276 by Vail
Reply from Vail
OBE,

I take it you didn't ask for a remuneration certificate from the Law Society when agreeing a rate with your solicitor. You may stll be able do that with each invoice, I am not sure. (Yes get a breakdown from each solicitor, unless you agreed a lump sum in which it isn't your right. I said I wanted one right at the beginning and that what's I got - fat lot of use though.)

Other than that you should have received a 'client care' letter or some such titled garbage from your solicitor at the start of the whole sorry procedure. That letter should have made reference to the Solictors' (Non-Contentious Business) remuneration Order 1994 and various good practice guides.

Basically it should state the procedure should you be unhappy with their service/fee. First step talk/write to them, second step take it up with the Law Society, third try to get the charges reviewed by the court under sections 70, 71 and 72 of the Solicitors Act 1974.

Funny thing about your solicitor, it seems as if he his endorsing contempt of court by inaction. I wonder if that is conduct appropriate for an officer of the court (for that is what they are) and perhaps he/she might like to clarify exactly why the woman in question is being free rein to ignore the dates on a court order? I admit to being so curious that a sharp intake of breath brought me the smell of a rat. Exactly why do other matters never keep to the time of court orders?

  • attilladahun
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19 Dec 07 #9288 by attilladahun
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Re the interest point surely the Consent Order provided that if the lump sum was not paid by the certain date interest at the usual Judgment rate was payable ie 8% pa

If the conveyancing process is delayed because Ex has not got their act together tough claim the interest

Ask in writing why you should not calaim interest

Also if W's solrs have money make sure it is on a propery High Rate int a/c not just simple client a/c int rate which can be very low!

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