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How many times????

  • sicofit
  • sicofit's Avatar Posted by
  • Junior Member
  • Junior Member
09 Mar 08 #16277 by sicofit
Topic started by sicofit
Has anyone else been in the situation where, the respondent just stops.. everything.... not responding to letters not directing their solicitors?
The respondent has now done this 3 times! they have failed to complete the questionnaire.....again! This should have been filed on the 4th of January.
We have been in this situation before, the respondents own Solicitor refused to practice for them and the Judge ordered the respondent to get a new Solicitor and made both parties start from scratch with form Es, disclosure etc which has all been done on the applicants side...again really detailed disclosure in the hope that it could be sorted once and for all ..
and the respondent has now failed to do anything after their form e.. the applicant just keep getting more and more stalling questions from the respondents solicitor all of which letters close with "we are awaiting instructions from our client" the FDR is looming and I can see it getting adjourned for a 4th or is it 5th time can't remember which... :S

  • Elizabeth
  • Elizabeth's Avatar
  • Platinum Member
  • Platinum Member
09 Mar 08 #16297 by Elizabeth
Reply from Elizabeth

No, I have not been in this situation - too scared not to comply with the whole process - had sleepless nights over disclosure in the Form E - don't. It's not worth it - my ex got away with not proving he had sold shares - no certificates just letters from his solicitor stating what had been sold - yeah - anything the client says sir... solicitors "take instructions" from their clients as if the client knows best! Believe what the client says?! Clients (ex-husbands/wives) lie through their teeth but solicitors don't challenge that.

I would be tempted to go to the FDR unrepresented - go yourself having sent the Form E when the court demand it - to the best of your ability complete yours and do not worry about your ex and what they are doing. The judge will likely make a directions order for further disclosure if they see holes in the Form E. A Barrister at this stage - if you can see no agreement being likely - is a waste of money - and I mean - a waste of money - not that they are not any good - barristers are like playing russian roulette - you may get a good one - you may not - but at this stage in the proceedings they will just be a "buffer" between you and your ex.

Be brave and strong - do the right thing and don't worry about "the other side" and what they are not doing!!

Would like to hear how you progress.

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