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Penalties for not swaping form E's

  • gone1
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16 Oct 07 #4771 by gone1
Topic started by gone1
My ex's solicitors have missed the swap of form E's by about a week. Is this usual? I thought there were timescales for this sort of thing and strict adhearance was required? My sol doesent seem that worried about it and just tells me the date is flexable. Chris

  • OBEs 1 canoodly
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16 Oct 07 #4781 by OBEs 1 canoodly
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Oh Chris

How long you been reading posts on here???!!!

You should know by now the legal system is as flexible as the person you are divorcing!!! (Oh well on second thoughts maybe the system is more flexible!!)

Me and OBE complained bitterly about this time scale thing because his wife's side were always doing the delay thing and neither our solicitor or our Barrister was at all concerned by it and yet OBE was made to feel like a criminal if he didnt get the dam thing in by the due date!!! Their form E's were supposed to be filed by the 31st November last year so he had to have all his stuff into his solicitor and signed by the 20th!!! We then found out his wife didn't go in to sign hers until the 8th December!!!

Also, statements were made and questions asked. OBE's solicitor got those into his wife's solicitors two weeks before xmas so his ex had time to really think about what he was asking for. He never got a copy of her statement or questions until 1 hour before the first appointment and so it cost us a further hour in court with our solicitor whilst we read it all!!!

Yes Chris my dear it is all one big game and you my friend must be one step ahead at all times!!! Look at how many other posters on here have had to get penal notices sent out to their ex's to try to get a reaction and yet they still don't bother to send in forms or don't turn up at court etc etc. It is all so lax and yet right at the beginning OBE was told that he must adhere to the time scale and that the courts take a very dim view if you don't....rubbish!

I have now found out that time scale thing is only of huge importance in very big cases where one party is really being quite blatant about not co-operating. Small fry like you and OBE don't really come into that equation!!!

Please don't worry if you are a few days late on getting your stuff together in future they obviously aren't losing any sleep over it and neither should you. No one is going to "bang you up".

I would say that at least if you do it by the book and your other half does begin to delay it may go some way to helping you look a bit more like the favourable and cooperative one of the two parties! Judges are aware of these tactics used by Solicitors.

The main thing is stay cool! It all seems so much clearer to me now we are out the other side but I understand that dark place you are in at the moment BUT "it aint alf as bad yer fink"!! :blink:

OBEs 1 xx

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16 Oct 07 #4796 by Louise11
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Chris.

In our case his ex missed the date by about 6 weeks! 3 court orders later with penal notices attached and she finally sent her form E! Which was a load of old ****! 3 months bank statements instead of 12, no proof of the 20k loan she said she had, one minute the car was worth 7k but had 7k on it debts wise, then its worth 5k, now its worth 3k with a 11k debt on it???? All in all she had to file THREE form Es as none of them were acceptable!.
(and she was the ruddy applicant!, you would think she would of adhered to the time limits!)

The key thing here is its normally the respondants who dont keep to time limits and it seems its the respondants who like to "hide" their assets!(Or should i say this is what the solicitors make you feel!)

The main thing here is make sure YOU keep to all the time limits, because whilst no one seems to do anything about it at the moment, it actually comes into play right at the very end, if you need it to, on the question of costs! If you can proove you did every thing on time and truthfully then they cant hold you accountable for any costs! Also, you can ask for costs if you have incurred more costs the longer its drawn out, by her continued lack of time limits and family proceedings rules. Dont bother asking your solicitor cus that costs money as well, and if you come to an agreement before a FH and an order by the Judge, then the issue of costs doesnt arise as we were told by my partners former wifes barrister that you each pay your own. (have no idea if thats a true statement though.)
My advice chill, let time take its course even though its frustrating you keep a level head and do all that is asked because i can assure you the MINUTE YOU dont do something on time, they will be bleating that they will be making an order for costs!

Kind ones
Louise

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17 Oct 07 #4811 by Angel557
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I know my sol got a letter from the court requesting my form E if i can remember right i'm sure it had to be with the court by 13th June 2007.I had 2 weeks to get everything sorted and my pension was the 1 giving me worry when they said it would take 30 days for them to be able to give me the required info for my form E , PANIC they gave me all the details in 10 days , so i went to my sol gave her all the info and waited and waited finally she called to say it was ready for me to swear on oath, i rushed to the court swore on oath raced back to my sol, phone call the next day the clerk missed out a page, back to the court got that page signed , raced back to my sol and she just held on to it , dunno why, she posted it at the end of June , the judge did ask my barrister as stupid moaned why my form E was late can't remember what my barrister said but the judge were'nt bothered , where as i'm a born worrier and my god please don't put me through that again.

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17 Oct 07 #4812 by Vail
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My experiences echo all o fthe above Chris, the timetable seems to be a guide more than a rule and neither my sol nor xtb's seem to be worried about keeping to the time schedule.

The only thing I can think fo you for you to do is to make a note of dates when you were ready showing you were trying to keep to the dates specified.

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17 Oct 07 #4813 by loobyloo
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:angry:blimey my 1st hearing was delayed from 10th aug to 31st cos x2b on holiday i bust a gut to submit form E for 26th july.... but at the adjournd hearing on 31st aug my x2b still no form e!!! so hey another adjournment it was the 21st sept when questions exchanged only guess what he got typed copy given to his BARRISTER on the day .. me well a few handwritten ?s by his BARRISTER illegible and was to send typed copy .....still not had his ?s...and to be answered by 26th oct... seems you can flaunt the law ...so why cant I... judiciary sysatem beyond me!!

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17 Oct 07 #4814 by loobyloo
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:angry:blimey my 1st hearing was delayed from 10th aug to 31st cos x2b on holiday i bust a gut to submit form E for 26th july.... but at the adjournd hearing on 31st aug my x2b still no form e!!! so hey another adjournment it was the 21st sept when questions exchanged only guess what he got typed copy given to his BARRISTER on the day .. me well a few handwritten ?s by his BARRISTER illegible and was to send typed copy .....still not had his ?s...and to be answered by 26th oct... seems you can flaunt the law ...so why cant I... judiciary sysatem beyond me!!

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