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FDR worries...

  • Talulahbelle10
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22 Sep 12 #357315 by Talulahbelle10
Topic started by Talulahbelle10
Hi, I really hope someone can help me, I feel completely devasted and need some advice asap. I may be worrying about nothing but really need my mind put at ease.....

If you read my previous posts it they will explain my situation. In short I attended my first hearing (I am self-repping) which was a complete waste of time. My STBX had turned up totally un-prepared, hadn’t filled in his form E properly and hadn’t even signed it. He had sent me his documents two days before the court hearing so I had had no time to prepare my questionnaire etc.

He was ordered to go away and complete the form and sign it and I was given time to prepare my narrative statement and questionnaire, the judge also put a stay on the case to give us time to have mediation, which I really didn’t want to do. The date he was ordered to have sent me his documents came and went, I then received a text from him saying that he had never received MY documents, which I expected from him as I knew that he had no intention of ever complying with the order, he has too much to hide, he has the Inland Revenue chasing him for not paying his tax, he has loans with seventeen different lending companies and I am 99% sure that he is claiming housing benefit. I told him that I had sent the documents to his solicitor by Recorded Post and that was the last that I heard from him.

I then wrote to the court to ask for the stay to be lifted as I knew that he would never send me his documents and I knew mediation would be a waste of time. I have also been having visits from bailiffs chasing my ex for his debts, so I wanted to get this sorted out ASAP as I am really worried about my stuation.

I have been waiting anxiously for a reply from the court and at last a letter came today…I am so disappointed with the courts response. They have lifted the stay as I asked but they have ordered that my STBX shall comply with only paragraph 5 (responding to my narrative statement) on the original order from the first hearing, by 5th October, there is no mention of him responding to my questionnaire!! She has also said that the matter be listed for a FDR after 19th October. In my mind the questionnaire is the most important thing, it is what I have been relying on to show that he is a complete fraud and liar. Could this be a mistake on the judges’ behalf, surely if he has been ordered once to complete this and he has not done so, he should still be made to do it. How can he get away with it??? I’m not sure what to do now, should I phone the court and explain that I think there has been a mistake, will this make any difference??

Hope someone can help me with this, I feel that all my hard work, stress and worry has been for nothing and that he is going to get away with abusing the system…..

thanks...

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23 Sep 12 #357432 by dukey
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Don`t worry to much about this.

The usual route is a judge attaches a penal notice to existing Directions, this forces the person not complying with the order, not always though.

What some judges will do and this seems to be becoming more common is allow the hearing and then decide as they see fit, its far from ideal because it can lead to a judgement being appealed, i suppose the thinking is that to enforce the penal notice would mean sending that person to prison, and that costs the tax payer a fortune, nor is it good for children.

Think of it from the judges side, if someone wont provide disclosure why wont they? what are they trying to hide?.

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23 Sep 12 #357436 by Talulahbelle10
Reply from Talulahbelle10
Thanks for your advice. I just don''t understand why the judge has not ordered him to respond to my questionaire and only my statement? I think I am going to ring the court tomorrow to see if there has been a mistake, although they are never very helpful and don''t really seem to know much???

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23 Sep 12 #357439 by dukey
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It could be a mistake, problem is the staff wont know nor we they be keen on asking the judge concerned, your best option is to write sent recorded of course, if its not a mistake you`ll find out what the judge is doing at FDR.

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