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Handing Down Hearing and Appeal Outcome

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17 Jul 12 #343906 by fedup44
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Just thought I would give you an update of how it went when the EX tried to appeal at the handing down hearing :laugh:

It was worth going to see him get told off!!!

Well he was appealing against me getting 100% of his current pension - the Judge was not amused at him constantly talking over her. She finally snapped and shouted at him to be quiet :laugh:She told him that she will not be changing her decision and the answer to his request of an appeal was "NO". His argument was that he felt he had been penalised, and why did the Judge give me 100% of his pension that he currently pays into? Also the scheme is now changing and it will not be as good as he re-enters it as a new member!!! The DJ pointed out that when she made her decision in Feb she used all the evidence that was presented to her at the time and her decision was fair. But he would not drop it and pointed out that he had received a letter from his pension company 2 weeks ago. DJ not interested!!! Nor will she be changing her mind :laugh:. (The Ex wanted the DJ to give me the pension value from his frozen one instead)

The best bit was when the DJ "told" the Ex to instruct his solicitor to draw the final court order....at his expense :laugh::laugh::laugh:. He questioned this and the DJ "yes at your expense Mr Ex, that''s correct". She made it crystal clear that this was not a hearing and she wasn''t interested in the silly issues he was bringing up.

Still not happy the Ex bought up the issue of misconduct!!! (forgetting about his own). Well the DJ went berserk :huh:"misconduct, misconduct, don''t even think about it Mr X and if you speak to your counsel they will tell you exactly the same". She was fuming and was not at all amused but his rudeness and time wasting points.

Some how I don''t even think he will drop it, I reckon his own solicitor advised him not to appeal so he represented himself. That backfired on him with a bit more added expense lol.

I got a further few questions in regard to things the DJ will be putting in the CO but will post seperately.

Hope you see the funny side, and thanks to Dukey who advised me to attend the hearing, just to find out what the Ex''s issues were!!!.

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18 Jul 12 #343922 by SSS23
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Great news fedup! Well done!

I may turn to you for some advise in the coming weeks.

Thanks for letting us know the outcome.

All the best

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18 Jul 12 #344058 by fedup44
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Yes anytime SSS23, just PM me

I represented myself through the FA, FDR, FH and now the Handing Down hearing.

Must say I couldn''t of done it without the wiki''s.

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18 Jul 12 #344064 by dukey
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The adult side of me says, well done to you and I''m glad it went the way it should have, the real me says up yours mister serves you right, and if you do appeal you''ll need a bullet proof vest before the judge even gets warmed up and a medic to put you back together once the judge has finished.

Carl aged 10 1/2, long may it last :)

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19 Jul 12 #344240 by fedup44
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lol exactly Dukey or Carl aged 10 1/2

Will he take any notice of what his been told by the Judge? Only time will tell!!!

I will keep you informed if he does decide to wear his bullet proof vest for round 5 in court ;). But its has been a long journey and the accusations, totally pointless and very wearing.

But I can hold my head high and be proud of the achievements I have accomplished during this awful experience.

Woohoo I feel like running naked though the barley fields. But I wont ruin it and get arrested.
Not so Fedup
xxx

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19 Jul 12 #344241 by dukey
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Naked fedup

I actually hate the user name I chose way back when, so Carl is good for me.

It sounds very much as though the judge was not that happy with his protestations, the wise will learn the foolish won''t, personally pushing your luck with a judge is just daft, costs orders ( not the correct term) become the real issue, so he says I don''t like this, the judge says if that''s it goodbye oh and here is her bill pay it in x number of days, anyway what matters is your a little less fedup, liking that :)

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14 Aug 12 #349461 by fedup44
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The Appeal saga continues......

Now the ex has decided to use the services of his solicitor to write to the DJ (basically grovelling) for her to change her decision and to give me the equivalent value from his frozen pension rather than his current one.

The Ex has also pointed out that he will continue with the appeal process, as in his opinion I will not be affected or lose out if the pension was swapped over.

Could anyone advise on the following:
1. What are the chances that the Judge will change her decision?
2. Do I just sit back and wait or should I respond to the letter that the Ex has wrote to the Court?

Many thanks for your help

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