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Disapearing Xs

  • TMax
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  • Platinum Member
13 Oct 07 #4674 by TMax
Topic started by TMax
Has anyone ever come across the disapearing X mode :-)how long will it be before a judge finaly says ok Bugr this, no replies to letters not turning up to court, case kicked into touch and not allwoed to be taken back to court.

  • Louise11
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13 Oct 07 #4679 by Louise11
Reply from Louise11
Hi Max

When this happened to us i.e. his ex wife not turning up to any hearing, not filing form E, ect ect. My husband paid £40 and made an application to the Courts to have the case dismissed stating his reasons why he considered the case to be dropped. A Judge called a short hearing, his ex never turned upto that either but the Judge made an order at that hearing that his ex was to comply with filing form E and added a penal notice to the order and it was to be filed within 14 days. She was also ordered to pay the costs of that hearing.The Judge also ordered another hearing for 4 weeks time. She never complied. We were then told if we wanted to enforce order we would have to pay £80 and make another application (to force the penal notice, we were also told that it is almost unheard of that anyone gets arrested with these penal notices). We choose not to do this as we felt it was £80 that would be lost as noone seems to be arrested for it anyway!). We left it for two weeks, we wrote to her solicitors and said "You leave us no choice but to continue with the dismissal of this case. She then complied, she filed Form E!. At the next hearing a Judge said "it was a bit archiac to ask for the case to be dismissed. ( my arguement here would of been well she never complies with anything, so with respect Maam or Sir, is it ok that she holds this over us for the rest of our lives! But i wasnt in there! Else there would of been a row! LOL)
Anyway cut a long story short, we were advised that we did NOT want the case dismissed, we needed a Consent Order, so she could NEVER come after us again. If the case was dismissed she could always atempt it at a later date.
My advice to you is apply to the courts, pay £40 for an application to dismiss her claims. The Judge will send you and her a letter ordering your attendance, where you can state your case and ask for directions from him/her? That way at least you will know what to do and not be in limbo land! I also know that if you get the order that its dismissed its harder for your ex to start it all again but its not impossible.(i doubt whether the Judge will dismiss it) So ask the Judge at that hearing for directions on getting an order to finish this once and for all. State everything, show the Judge all the letters where you paid her off before ect, ect, tell him about the ill health you have been suffering ect and tell him/her you need some sort of closure.
Heres wishing you well
Kind Ones

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