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Am i liable for statutory charge??

  • tammylouise
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26 Nov 07 #7776 by tammylouise
Topic started by tammylouise
Hello, Further to my first post i wanted to ask another question. I spoke to my solicitor today and told him i am confused as to whether or not to accept my ex2b's offer of 41.5% of the equity of the FMH. My first concern is that he gets 60% equity of the fmh and me and the three children who had to leave the house get just over 40%. His response was that i should maybe accept the offer as house prices are falling and if i take it to court and lose i may end up paying the court costs and getting a lesser offer as the house might lose value. My second concern is that he mentioned i will be liable to pay the statutory charge which i am assuming is my legal aid bill. If i accept the offer i cannot afford to buy another home and i will have to simply live off the money which will very quickly wither away being a single mom with three children. Can anyone offer me advice as at the moment i am so confused as i feel like my solicitor isnt behind me on pushing for a higher offer and i pretty much feel certain that as i am now the full time carer of our three children i should get a higher percentage of the money? If i cannot afford another home what can i do with that money so as to invest it for mine and my childrens future. I am also no sure as to how having this kind of money will affect my working family tax credit, as far as i am aware i only have to declare the interest as an income to them and not the bulk amount that i am considering putting into four separate isa's one for me and one for each of my three children. Any help and advice will be greatly appreciated!! Thanks Tammy

  • attilladahun
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26 Nov 07 #7789 by attilladahun
Reply from attilladahun
Poor advice given-You stand no chance of a costs order against you as H's offer is pants as advised previously
Has your solr not told you there is now a presumption of no order for costs between parties in financial claims unless party is taking avery very unreasonable stance.
Trust me you are not.
Secondly getting a costs order when a perty is legally aided even under the ord rules is nigh impossible. Have done over 5000+ cases in my career I cannot recall one case!!
Now there is no exemption for legal aid costs so you will repay you own costs but the hourly rate is so incredibly low as Counsels fees are it is amazing value what ever people may misguidedly think. eg Barrister who would charge a private client £2200 +VAT for a Final Hearing would charge c£500 for a legal aid case:)

As advised before you MUST seek a bigger share for your children's sake and get reasonable accomodation. If you live off capital you will be means tested for some benefits.

Investing in ISA for children rather that getting a home is frankly nuts!

I am worried that you and your solicitor are barking up the wrong tree.

Please get Counsel's opinion for your solicitor sounds weak. The is no way a DJ would approve you getting 41% when homeless and H getting more and keeping FMH when you have the children.

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