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Ex not returned D10

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12 years 5 months ago #26843 by poppy5
Ex not returned D10 was created by poppy5
Hello,

my ex's solicitor has not returned form D10 to the court (acknowledgement of service).

Without this the court has advised me that I cannot get Nisi.

Without Nisi, I cannot enforce any financial orders or ancillary relief.

My First appointment is just weeks away - what should I do ?

The petition has been served on him and his solicitors who agreed to accept service on his behalf.

He says he has 'signed everything' and given it all back to his solicitor.

We are divorcing on grounds of 2 year separation. It's entirely possible he's just trying to be difficult as he is just about to 'come into some money'.

Any ideas?

Many thanks.

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12 years 5 months ago #26861 by D L
Replied by D L on topic Re:Ex not returned D10
Hi there

As this was served via solicitors, yours needs to write to his and give him 7 days to return the acknowledgment, failing which they will make an application for service to be deemed, which he or they (depending where the fault lies) will pay the costs of.

That will make them get a move on!

Amanda

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12 years 5 months ago #26871 by poppy5
Replied by poppy5 on topic Re:Ex not returned D10
Thank you Amanda,

but I don't have a solicitor :(

I'm trying to get as far as I can without incurring their fees......

Is this something I can do myself ? If it's not too much trouble could you be so kind as to suggest some appropriate wording ? - I'm not very clever at letter writing

Many many thanks!

poppy

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12 years 5 months ago #26884 by D L
Replied by D L on topic Re:Ex not returned D10
Hi Poppy

I am sorry, I assumed from your post you had a solicitor.

Ok - draft letter:

Dear Sirs

Re Your Client Mr X

I have contacted the court and been informed that the acknowledgment of service has not been returned. This was due on X date.

Kindly confirm the acknowledgment will be duly completed and returned to court by 24th June. Should I not receive your confirmation by that date I shall apply to the Court for service of the petition to be deemed and shall make an application therein for your client to pay the costs of the same.

I look forward to hearing from you.

Yours faithfully
Poppy

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12 years 5 months ago #26886 by D L
Replied by D L on topic Re:Ex not returned D10
Hi again

If they dont respond to your letter and/or the acknowledgment isnt returned, you then make an application for service to be deemed. Let me know if that happens, and I will help you draft the application and affidavit.

Amanda

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12 years 5 months ago #26900 by poppy5
Replied by poppy5 on topic Re:Ex not returned D10
Hiya,

Thanks so much that's really helpful!

I would like to wish you a 'warm, glowy, saintly feeling' to last at least until the end of the month, in recognition of all the support you offer folk here.

poppy
x

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12 years 2 months ago #46326 by is_he_breathing
Replied by is_he_breathing on topic Re:Ex not returned D10
Hi,
I think I've got something similar coming, could you post a draft application and affidavit please
Thanks
SK

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