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  • Desperate4help
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29 Aug 12 #352519 by Desperate4help
Reply from Desperate4help
soulruler wrote:

If he is racking up costs on both sides and delaying financial settlement and divorce he should be ordered to pay at least some of your costs and your solicitor should be pointing that out to his rather than getting you worked up for more and more disclosure and not getting to court (no need for a hearing just an application) for an order for him to comply with the disclosure and a contempt of court warning put out.

I feel for you in the same way I feel for myself.

If I had the right legal advice when I got solicitors involved in an appeal after final hearing all they would have had to do was apply into court for a contempt of court hearing (as ex refused to transfer the house according to the order) and at that hearing where he would have had the opportunity to apologise I could then have been properly represented and the court reminded that they did not have the power to order a trust to be wound up in favour of someone who was not a beneficiary and no power to order the money re-mortgaged on the house to be paid to him when it left me with £176,000 to be repaid in 5 years, no income to support it, no contribution from him and if he had the money in the account I was still liable to the whole £176,000 interest payment and finding the capital shortly after that.

I am obviously very down this morning because after 4 years and 32 dates in court still nothing resolved and I am beginning to think that he will get away with this as the bank is now trying to repossess the house.:(

I am so sorry to read this, why are these solicitors being allowed to get away with this? It is mental torture for us as clients and quite frankly is theft on a grand scale. They have to be exposed and stopped NOW.

  • soulruler
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29 Aug 12 #352526 by soulruler
Reply from soulruler
Well it definitely is a total disgrace as to make matters worse my ex stated on his "open" proposal for financial settlement at the final hearing that the reason he "needed" the money was because he was only staying temporarily with this girlfriend out of "need" - despite the fact that he failed to tick the box are you co-habiting yes or no - all he had to do was tick yes or no but as he is so devious he decided in his wisdom to tick neither.

He failed to disclose he was in love and that right from the start he had stated that he was going to spend the rest of his life with her (and he was living in her house from more or less the start -evidenced as his solicitors knew as that was his correspondence address and make things worse she was a client of theirs and they had just finished her divorce from her ex - ink on the paper still not quite dry).

Anyhow, you know what, despite my fears, 4 years of constant threats and abuse in court corridors and locally, the malicious allegations put forward by his and her legal team, endless applications to have me put in prison, attempts to have me sectioned, for some reason which I cannot really fathom I still have a bigger belief in justice rather than a belief that there is no such thing.

My case is now a combined claim in Queens Bench simply as ex-s legal team have taken it there having got nowhere with their claim in family.

After a family injunction which they sought ex parte nearly 3 years ago the only thing that came out of that line of case was that a high Court judge ordered that the FMH could be transferred to me by a district judge - ex;s legal team had continued to blame me for my ex husbands contempt saying that I had failed to complete the TR1 when it said on the final hearing order that his solicitors were to conduct the TR1. I even offered to sign it in High Court when the Judge said he was going to write the order as the TR1 was in court that day as was my ex and I said it would save the cost of having to apply to a district court to have it signed by a district judge.

My ex and his legals absolutely refused to negotiate with me afterwards to sign the form immediately going in for yet another conference afterwards, slamming the door in my face and refusing to come out and co-operate.

I have to say that I am lucky in that I have been supported by my doctors and my county psycologist mental health team as they have produced expert evidence to say that I am not abusive but suffering acute stress reaction and acute shock.

I have been well supported and advised by the Police, have been well supported by expert evidence of social services and I have adduced that evidence as this case has proceeded from family, into commercial, then chancery and now Queens Bench.

Yes, I am so distressed and so is my Mum and my eldest that it is hard to describe except to say that I don''t know how I would have survived without my dear personal friends and my great virtual friends here on wiki.

Still, I am not in prison and have been told by a supreme court master that he does not have the power to put me there (I did ask directly why don''t you just put me in prison).

So for the timebeing I stand by what I believe that it is not the UK Judicary that want to abuse their positions of privilege and trust but others who are involved in the legal process.

I have had a bit of a breakthrough in that I now have a competent insolvency practitioner that has confirmed that my ex is not a creditor of the small company of which I am trustee.

So, there is hope, a chink of light at the end of what has been a very, very long and scary tunnel.

I read in my AS level book of law that an american judge had commented that he would avoid being a litigant as he couldn''t think of anything that he would dread more than serious illness or death.

Well, I totally agree with that having never once wanted to litigate or cause trouble with anyone. Avoid litigation like the plague and do your best to be honest to yourself and those around you.

I still believe that my little divorce will turn out right. Maybe I am stupid - well actually I know I am as I am a born optimist.

One day on here and I think it was either rubes or Nellnoregrets posted up the poem of Desiderata.

Anyone looking for solace who hasn''t read it might like to google it, I really think that poem makes sense even if we can''t see it - in time surely we will.

(I have a really really bad stomache this morning and have been being sick because of nerves since early this morning - hopefully a better day tomorrow).

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