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Ex FORGED SOME DOCUMENTS

  • NDWIKI
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19 Sep 16 #483743 by NDWIKI
Topic started by NDWIKI
Hi

I'm doing a DIY divorce due to lack of fund to hire a solicitor.
During the FDR hearing, the judge cautioned that any indication that I had a property abroad, as alleged by my ex, would result in our house being transferred to her. We were therefore asked to prepare and present witness Statements attaching evidence of our claim.

While I was confident having not hidden anything, my ex has tendered as part of her Witness documents, several forged documents and in particular, a property-rate receipt of a property she purports that I own abroad. She did this, apparently with a mind-set to lead the court into transferring the property to her.

Looking at the receipt, it was easy for me to spot from the hand-writing that she, in fact, filled in the receipt by herself. I have even brought other of her handwritten documents which absolutely supports my discovery.

How do I go about this and what is the most cost effective way I can follow in order to correctly draw attention of the court to the fraud. The hearing is due in 7 weeks time.

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19 Sep 16 #483746 by joem
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Had this problem with a Rogue trader forging a contract a few years ago.

There are hand writing experts recognised by the courts who will give their professional opinions giving not quite a black and white yes and no but "Strong positive evidence" etc.

The other side will need to provide examples of handwriting and various documents with signatures etc so any investigation will have to be either agreed or ordered by the court. I do not believe that providing the documents you have to an expert unilaterally will necessarily be accepted by the court.

It may be worthwhile to get a solicitor to take on this as a single piece of work and still be a LIP in the financial proceedings.

The expert cost around £1500 plus the costs of the other party giving handwriting samples in front of a solicitor. So not a cheap route to take but may be money well spent.

If proven I do believe you could claim a costs order for this but other Wikis may be able to say more on this

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19 Sep 16 #483748 by Action
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What about merely sending a copy of the document to the organisation that it's supposedly from to get them to confirm that it is fake.

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19 Sep 16 #483771 by NDWIKI
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Thanks for suggesting that.

The document is from abroad (Nigeria). It is doubtful whether the company stated on it actually exists as no one answered the phone when I did a trial run.

I'll be much pleased to put it through experts who will compare it with other of my ex's handwritten articles. She did not even make any effort to conceal. Its just so obvious, 200%

Do you know whether the legal process of bringing it before the court, will require me to make an application for the court to order handwritten expert analysis?

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20 Sep 16 #483803 by joem
Reply from joem
you could at the next hearing dispute it and ask the judge for Directions regarding hand writing analysis.

I would really recommend that you take legal advice on this as you are basically accusing your ex of fraud and this may need to be dealt with outside and seperate to the Ancillary Relief procedure

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20 Sep 16 #483809 by .Charles
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If the next hearing is the final hearing that would be too late to take action.

You need to make an application to the court to admit expert evidence based upon a document (or documents) which you assert are forgeries prepared by your ex.

You cannot expert the court to look at the signatures and make a decision - it is not for a judge to carry out this task.

Charles

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21 Sep 16 #483846 by NDWIKI
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Thanks for your advice.
I was about to say that the court may be reluctant to adjourn the hearing for the sake of making directions for expert hearing. I thought in line that perhaps, there could be a way to make an application long before the hearing, requesting that the court directs for expert witness.

Having also read a contribution from another member who share this view, I'm inclined to explore how to go along with it. I remain grateful for your contributions

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