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Documentary Evidence ???

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17 Jan 08 #10944 by scottishlady
Topic started by scottishlady
Hi...
I have received a letter from my sol today.... stating that my STBX has submitted his form E to the court as requested... prior to our 'First Appointment' on 4th Feb...
it states also, that he hasn't attached the 'documentary evidence' required....
I am supposing this means that he hasn't supplied bank statements.. payslips etc....
I have called my sol (she's out)... and going on hols tomorrow...
Can anyone enlighten me as to what this means, and what are the consequences (for us both)...

Many Thanks
SL:)

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17 Jan 08 #10947 by Josh2008
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If the documentary evidence is not submitted, then it is impossible to verify the details given in the form E.

form E is obligatory, if you believe the contents are a fair indication of current financial details and you do not want to persue it, then the evidence is not really an issue

On the other hand if you doubt any of the details, then evidence needs to be supplied to back it up.

Look closely at the form E supplied and make your judgement accordingly

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17 Jan 08 #10949 by scottishlady
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Josh....
Thankyou very much for the prompt reply...
I shall, ofcourse 'examine' his form E very carefully.... but, as he seems hell bent on deceiving everyone as regards to his/our assets...I fear his Form E will not be truthful...
For example... he was earning aprox 1K a week (he says he's been paid off).... he claims to have lost approx 20K gambling....
So..... is this where I 'question' his form E???.... and will he be instructed to supply documentary evidence regarding these 'claims'???.... as his bank statements would show that until approx 6 weeks ago.... his bank balance would have been extremely 'healthy'... and will he be asked to provide details of what has happened to all this money?

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17 Jan 08 #10958 by Josh2008
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Is he actually claiming to the court that he has lost £20k ganbling or just to you.

Has he been an habitual gambler prior if not how come suddenly happy to lose such a large amount, can he prove he lost it gambling

I think he is on to a good deal of deception, make sure he has to furnish the proper documentation in support of his 'sudden' demise in monies

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17 Jan 08 #10962 by scottishlady
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He claimed that he'd 'lost all the money gambling' through a letter from his solicitor.... shortly after (I think) he realised he would have to provide details of his assets/income... so, I am assuming this is what he will be claiming to the court...

He has NEVER gambled - lol.... takes him all his time to put a pound on the lottery !!!!!

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17 Jan 08 #10984 by scottishlady
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Hi
Further to my earlier post..... I have since spoken with my sol....
She said that he has provided some payslips... but nothing else.... she has written to his sol asking for further documentation to be provided... as she sees very little point in attending this 'First Appointment' without the necessary documentation having been looked at... and 'questioned' if necessary...

I was under the impression that the 'First Appointment' was to address whether all the required documentation had been submitted... and if not... the judge can 'order' that documentation be submitted by a certain date etc....

Am I wrong in this impression?

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17 Jan 08 #10991 by Josh2008
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The first appointment can actually be the FDR, but as ex has not submitted sufficient documentation it's pointless going to court to then have it adjourned awaiting further evidence.

Best not to upset those fuddy duddy Judges, and wasting valuable resources....

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