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Non disclosure of.finances

  • Desperate4help
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25 Aug 12 #351867 by Desperate4help
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Racking up costs and keeping solicitors employed seems to be the order of the day here. I am suffering the same with stbx solicitors sending pages of spurious claims yet never filing anything in Court. It seems to me that these solicitors get together to decide who is going to be the aggressor and play out this ridiculous charade on all their clients. IMHO More should be done to allow self repping.

  • soulruler
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26 Aug 12 #351976 by soulruler
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I agree desperate but also remember it is your job as soon as you see something up to go into your solicitors and remind them of their duties of care.

I think if another party is refusing to comply and disclose information and then at the same time asking for disclosure, re disclosure blar blar blar that all your solicitor should do is write back to theirs confirming that if there is mmore non complience that they will apply into court for order forcing disclosure with a penal notice attached.

Also that they reserve the right to produce the letter to court as evidence at a later date.

You cannot get financial settlement without financial disclosure and you don''t have to keep repeating yourself - that is highly vexatious behaviour and I believe solicitor/litigant misconduct.

Professionals working in the finance sector are regulated by the Financial Services Acts (think that there are three now) and lawyers are regulated by the Legal Services Act 2007.

Some think that the law doesn''t apply to them even their own law let alone understanding and applying appropriately the law which they are supposed to be advising their clients of and working within themselves.

I am not, altogether enamoured with solicitors as you can guess.

  • redwine47
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27 Aug 12 #352228 by redwine47
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Thanks SR. &desperate... I have letter off to solicitors demanding his discovery. I doubt I''ll get it though as he was given deadline previously. & threatened with court order. I believe the hearing in sept will probably be put back again.

His solicitor is very aggressive and I believe putting pressure on me about everything to take away from their lack of disclosure. The thing is I''ve nothing to hide.

Getting really worried about costs cause of these delays.... Does anyone know if I can ask for him to pay costs as after all he is delaying proceedings..? What do you think. Thanks in advance.

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28 Aug 12 #352477 by soulruler
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the standard line is "i am taking my clients instructions", funny that as when you are a lay person you rely on your legal team to explain and act in accordance with the law rather than either to string you along when you are wrong or do things ad hoc when you ahven''t asked and then rely on as a defence that they were "taking a clients instructions".

It is Absolute bull in the same way you wouldn''t accept a mechanic putting new tyres on you car when you booked it in for a engine service and then for the mechanic to rely on "taking your instructions" about time more than that legal people cannot abuse their position and abuse their clients and the law and rely as a defence in their position of extreme privilege, high earning and power that you are responsible for everything and they are liable for nothing but extraordinary fees.

  • redwine47
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28 Aug 12 #352503 by redwine47
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Three years and minimal advice from what is now third solicitor. Can''t believe how unhelpful they are. I''m paying them! but feel as if they don''t give a. s**-. It''s a disgrace but I have neither time money nor energy to change again . How do they get away with this unprofessional behaviour.... I''ve had more advice on here than from all these solicitors who are literally taking advantage!

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29 Aug 12 #352510 by soulruler
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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.:(

  • Desperate4help
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29 Aug 12 #352517 by Desperate4help
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Yes of course I told them but they do nothing but rack up more fees by replying to the endless letters demanding more info when the stbx doesnt comply with anything. I am on my 3rd set of solicitors and now on Legal Aid, I wish to God that I had self repped and kept my money because these solicitors are crooks, and yes I have already reported the 2nd set to the SRA but I am sure it will all come to nothing, These solicitors are crooks. At least Dick Turpin wore a mask.

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