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Will FDR hearing go ahead?

  • trolleydolly
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30 Jul 12 #346216 by trolleydolly
Topic started by trolleydolly
Please can you help. My FDR hearing is scheduled for 20th August after the original hearing was delayed when it was actually due in May. It was postponed due to a delay caused by my husband''s solicitors not signing an agreement to the surveryors that a jointly owned property in France be valued. This valuation was ordered by the Court due to a suspect valuation provided by my husband. In the meantime, my husband and I nearly came to an agreement and a ''Consent Order'' was drawn up by my solicitors, however they had also highlighted certain concerns and wanted me to sign a disclaimer. When I realised the severity of the concerns and approached my husband with these, he withdrew the ''agreement'' and said that the courts should decide on Ancillary Relief. He then advised the surveryors and the courts that he would pay his share of the valuation for it to go ahead. However, he didn''t pay it despite reminders by my solicitors. They have advised me last week that they will ask the court to issue a Penal Notice to be served against him if he doesn''t pay up within seven days. He does not get back from holiday until the 11th August so will not see the letter until then. Where do I stand with the FDR hearing? I am not sure if the surveyors in France can value the house within 1 week. My solicitors have also asked him for more bank statements and he also hasn''t provided these. He has also stopped paying the French mortgage due to it being in ''joint names'' (no other reason) and my solicitors want to secure an Order for him to pay the mortgage at this next hearing (otherwise the house will be re-possessed within 3-6 months at half its value). Unfortunately, I am unable to pay the mortgage due to a low income. Help!:unsure:

  • jonathancj
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02 Aug 12 #346935 by jonathancj
Reply from jonathancj
I have to say that it''s not looking good for the 20th. If it''s adjourned, it should be with him to pay any costs thrown away as it''s down to his default.

  • trolleydolly
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02 Aug 12 #346952 by trolleydolly
Reply from trolleydolly
Thanks for your reply. My husband has recently paid for the valuation so it seems that the FDR hearing will go ahead.

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