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State of play. Help and advice please!!!!!!! xx

  • Louise11
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30 Sep 07 #4141 by Louise11
Topic started by Louise11
State of play!

Here’s the stage we are at, I would appreciate anyone’s advice…………………


Final Hearing May 07, half day in court, finances discussed and accepted, pension report was inaccurate, so Judge asked for 6 further questions to be asked of the report, as the answers could not be answered on that day , Judge adjourned for next available date after 4 weeks.
Order………….the revised pension report to be filed at court by June 15th 2007. At a joint expense of £150 plus vat, £75 each. (we have been invoiced £200 plus vat)
Judge ordered her to get her CETV value of her pension.
Next available date October 8th and 9th. 2007.


Present day…………………the report has been done, filed at court 12 weeks after it should have been filed with none of the questions having been answered, ordered by the Judge. No CETV value of his former wife’s pension and they say it wont be forth coming as they don’t know who its with!

Their original file filed before the May FH consisted of 475 pages.
They have just sent an EXACT same copy to us and courts with the addition of their revised offer but not ours? Why would they do that (is it normal?) and not just add the new offers to an already overfilled bundle? (incidentally the Judge never used their bundle, she used ours as it was the only bundle that held any evidence, they omitted certain papers that went against them!)
All finances sorted at the May 07 FH, and agreed by them in court, they now dispute again even though they have all the evidence supplied by us for every single transaction and debt dating back 6 years., and the Judge agreed them all.

This case has gone on for 3 years. His former wife is the applicant in the AR proceedings, she never turned up for the first hearing, she never filed her form E, when she was supposed to have, so Two Judges ordered her to with penal notices, which she never adhered too. On and on its gone with them never complying to any order, to any court hearing and they seem to disregard anything the Judge at the FH in May said.
My husband rang them and asked why the report doesn’t answer any of the Judges questions and why do they not accept the finances that were agreed at the previous FH to which the answer was “ different day, different Judge, different decision!
They were told in court on the day that it is going to be the same Judge as she has spent too much time on this particular case for it to go to another Judge??

What does anyone think of the above?
Does anyone think we can try and get this case thrown out? For none compliance on their part? Surely we all need to move on in life and cant let this go on indefinitely?
Will it even go ahead again if the questions haven’t been answered , ordered by the Judge?
Can the Judge really make an order based on the fact that she couldn’t at the other hearing, as she didn’t have all the facts?
Do we apply to have it adjourned as nothing has been done since the other FH? (I desperately don’t want to as I want it over!)

Argggggggghhhhhhhhhhhhhhhhhhhh Please, anyone’s advice would be most gratefully received.
Thanks for reading.

Kind ones
Louise x

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30 Sep 07 #4143 by Fiona
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Rats, lost message I'll have to retype! :(

Louise, relax. I think you are both doing really well and are nearly there.

The petitioner's side are responsible for the court bundle and any offers should have been removed after the FDH so the judge isn't influenced by them at the FH.

I don't see any point in applying for adjournment, there is no guarantee your husband's ex will comply in three months or whenever. Also the judge may refuse to adjourn. The judge can make a decision based on the facts before them as long as everyone has had ample opportunity to provide all the relevant information. Courts seem to like giving people every chance of complying. If they don't the judge is hardly likely to cut them any slack.

As I said before, I do think it would be worthwhile spending an hour or so getting an expert opinion regarding what assets are non matrimonial and presentation, but I can understand if you don't want to.

Edit: PS did you receive my PMs?

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30 Sep 07 #4146 by OBEs 1 canoodly
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Lou lou!!

I honestly think you should put that post you just sent into the form of a letter, omitting the negative questions, and send it to her solicitor...in fact send her a copy as well saying that although she is the applicant you have complied each and every time when she hasn't even bothered to turn up for court and that you are considering asking that it all be thrown out -ha ha ha if only it were that easy! It makes my blood boil because I want to say to you dont bother turning up this time but knowing your luck she will turn up and it will all go in her favour!!

Lou you really must calm down and put this thing into perspective you have just under 10 days and hopefully it will be resolved. I know that is easy for me to say now that mine is over but trust me I am still not getting good sleep, there are still lots of things niggling me in the back of my mind. OBE is sleepin like a baby he would be most angry if he knew that I still had certain doubts about the outcome!! Something makes me think you never completely get over a trauma like this because like me you are genuine and you know it all could have been resolved so much easier and cheaper than these ex's are willing to understand!

But look, you are really going to make yourself ill and when you tell me your story, each and every time I really do believe in my heart you will come through ok the way you told me I would!! You do have a lot in your favour, even by the mere fact that the judge in the previous FH was very much on your side, her solicitor sounds like a jackass. We are all here for you Louise maybe someone can shed more light on the legal side of your question but from my part I am more concerned about your emotional side because you cannot allow that to weaken your fight!!

Talk if you need to I am here for you!:blink:

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30 Sep 07 #4147 by OBEs 1 canoodly
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Lou lou!!

I honestly think you should put that post you just sent into the form of a letter, omitting the negative questions, and send it to her solicitor...in fact send her a copy as well saying that although she is the applicant you have complied each and every time when she hasn't even bothered to turn up for court and that you are considering asking that it all be thrown out -ha ha ha if only it were that easy! It makes my blood boil because I want to say to you dont bother turning up this time but knowing your luck she will turn up and it will all go in her favour!!

Lou you really must calm down and put this thing into perspective you have just under 10 days and hopefully it will be resolved. I know that is easy for me to say now that mine is over but trust me I am still not getting good sleep, there are still lots of things niggling me in the back of my mind. OBE is sleepin like a baby he would be most angry if he knew that I still had certain doubts about the outcome!! Something makes me think you never completely get over a trauma like this because like me you are genuine and you know it all could have been resolved so much easier and cheaper than these ex's are willing to understand!

But look, you are really going to make yourself ill and when you tell me your story, each and every time I really do believe in my heart you will come through ok the way you told me I would!! You do have a lot in your favour, even by the mere fact that the judge in the previous FH was very much on your side, her solicitor sounds like a jackass. We are all here for you Louise maybe someone can shed more light on the legal side of your question but from my part I am more concerned about your emotional side because you cannot allow that to weaken your fight!!

Talk if you need to I am here for you!:blink:

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30 Sep 07 #4155 by Louise11
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Hi Fiona,

Many thanks for the reply, No I haven't received your PM. it seems there is a bug, I have sent PMs they say they are sent but i dont know if they get there and i know i am not able to receive them at present. Seems many people are having the same problem!

Anyway apparently the offers they have put in their file they should be there because it is an open offer made since the last final hearing, they took out the last offer made for that hearing. They have left out our new offer but kept in the old one!

My husband is the respondent in the ancillary relief proceedings but the petitioner in the divorce. (5 years ago!) Whilst i understand it is up to them to provide the bundle, and we add to it, they refuse to add any documents that go in our favour. It would definitely not be in our interest to allow them to use the bundle they supply as it is full of flaws, lies and inaccuracies! If we relied on their bundle we may as well not go to Court and just allow them to divvy up our assets any way they want! LOL.

I honestly think they have sent us and the courts a COPY of the bundle as it is more costs for their client. My husband sent them and the courts a brochure explaining his pension, you know the glossy brochure they like to send you every year! They have photocopied every page of the booklet, some 89 pages????? WHY???????? Its just more cost more money? I have no idea how much they charge for photocopying but there really is no point in copying a whole pension booklet???? My god if they carry on the way they are going there will be no rain forest left in 2 years!

I am awaiting the Judges response at the moment as to whether I can go in as an intervenor she received it on the 19th, but as yet I have had no response. Hopefully I will hear before next week.

Many thanks for your response its much appreciated.
Kind ones
Louise.

P>S> Yes its so frustrating when you write out a responce to a post only for it to dissapear so i write in word now! :)

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30 Sep 07 #4156 by Louise11
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Hi Obes canoodly

My emotional state at mo is down to my ruddy PMT! Lol, I get scared that I might just rip the ex wifes head off before we enter court or sit there blubbering like a right old plonker!
I should be over it by then anyway and get my clear, reasonable sensible head back on my shoulders.
I just get flabbergasted by the amount of irrelevant paperwork that we get sent, it takes ages to trawl through it all, just in case they try and trip us up somehow, they slip things in and hope you don’t see its not mentioned in the index. One day when I write my book I will publish all their conniving ways so that people can be on the lookout for some of the underhand things these solicitors try and pull, I will also PUBLISH THEIR NAME ON THE WIKI SITE for all the world to see when we have been to the FH to name and shame them! I cant be liable for telling the truth ! I back every thing up with evidence! Lol
Well hopefully we will chat soon
Take care
Loopy LOU! Or should I say nearly loopy lou, but not quite yet! hahahah

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01 Oct 07 #4173 by Fiona
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Oh I see, the IT gremlins are up to their tricks again.

Louise, have you reported the problem? Your user name appears in the address box before the message is sent, but then disappears. You could re-register as I did after I forgot my initial password and the email reminding me of it never arrived. Shame really because I can't use the title Princess anymore.

Anyway my PM wasn't important. It just said that I'd get back to you, but as it was about 3 pm and I still hadn't had any breakfast I needed some sustenance before I keeled over.

I must be the exception to the rule on here in that for the first three years my ex would take 10 months or a year to respond to letters so our paperwork consisted of 14 letters and reminders, a schedule of assets/debts, 2 pension statements, FMH and endowment valuations - a total of 20 documents in 4 years.


"My emotional state at mo is down to my ruddy PMT! Lol, I get scared that I might just rip the ex wifes head off before we enter court or sit there blubbering like a right old plonker!"

Didn't someone once say if women ran the world we wouldn't have wars, just intense negotiations every twenty eight days?

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