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Deficiencies

  • Hadenough123
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20 Feb 21 #515854 by Hadenough123
Topic started by Hadenough123
Hi, can anyone help with the following please.

Questionnaires were sent out 6 months ago, but not exchanged until recently due to Covid. We have now had a court hearing by CVP and the Judge has ordered that we must respond to the Questionnaire.
When I have received the responses from the Applicant, the replies are dated from 6 months ago and not current. To give you an example I believe the Applicant has always had a second job but denied this.
When asking the Applicant if she works at this part time job, the response was No. However, when asked to provide a Mortgage in Principal, she suddenly works and has used this income to calculate her borrowing capacity for a mortgage this is dated Jan. 2021. Should the Solicitor/Applicant be answering the Questionnaire with the latest information and not from 6 months ago.
Thanks in advance.

  • alreid1612
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23 Feb 21 #515887 by alreid1612
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I would not put too much stock on the replies to questionnaires. You can waste a lot of time and money if using a solicitor to get full and frank disclosure and I doubt you will get it.
We had a similar situation. eg Did you receive a golden goodbye when you left the family firm on retirement.? Answer - No. But the answer was truthful in that he was not in receipt of it as it was going to be paid in a couple of months.
Sadly if people want to be obstructive they will find ways and means of doing it and the court is unlikely to use the powers it has been given to enforce disclosure.

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24 Feb 21 #515902 by Hadenough123
Reply from Hadenough123
Thank you very much for answering. Very useful information.

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