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Thread: Single Mother Order for Sale Pursuant of Section 14 TOLATA

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  1. #1
    BianchiLomazzo's Avatar

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    Default Single Mother Order for Sale Pursuant of Section 14 TOLATA

    I cohabitated with my violent ex for 23 years finally separating from him in early 2013. I took out a 12month non molestation order against him. We were engaged in 2003 and have a 5 year old son together who was born at 25 weeks gestation weighing 1Ib 11ozs. I discovered my ex was having an affair which was carrying on whilst our child came home on oxygen and I found out the day we were due to go abroad on holiday therefore I we didn't go and he gave me the keys back to the house and voluntary left when our son was 18 months old. My son hasn't had contact with his biological father since and he hasn't made any attempt to have contact with us but has married the woman he was having an affair with, took on her two daughters from two previous relationships and had another son. My son hasn't recieved any child maintenance from him since April 2016 for he reported to the CSA that he was unemployed.
    On 7 March 2016 he stated court proceedings against me to order sale of our home under TOLATA however I never recieved the letter before action due to his letter being returned to the post office sorting centre. My son and I were ill with the flu at this time therefore I never collected the letter resulting in the post office re delivering it to my address one month after I recieved the county court proceedings. I have kept the original envelope and post office card which was put through my door.
    my son and I live in a three bedroom semi detached house requiring some renovations and since my ex left I have done the best I could on the little resources Iv had. My ex walked away from all his responsibilities leaving me to solely pay for the mortgage, council tax, utility bills, maintenance, pre school fees etc.
    I am currently in reciept of benefits but in a position to seek employment and my mortgage company have confirmed I have their permission to rent my vacant double bedroom out to receive rental income which will contribute to the mortgage payments. My ex hasn't contributed towards the properties maintenance since we moved in but he did contribute to his share of the mortgage payments whilst he lived here. I suffered domestic abuse grim 1993 to 2013 and now he is using the court process to harass me since he caused the DWP to investigate me for two years not long after we separated due to the fact he used my address to apply online for his tax rebate. I confirmed I was a single mother and was interview under caution but the case was close 2years or more later with. I further action being taken. As a result of this investigation my ex and his parter were caught defrauding the working tax credits due to them both cohabitating.

    Due to my history of domestic abuse I was granted legal aid to assist me legally with this case however I have been dissatisfied with the solicitor since she has ignored my request for advice on certain matters and in my opinion she has created further problems for me.
    Due to the properties defects I made my solicitor fully aware of these at the start of proceedings and I have made it clear to her that I wanted a full structural building survey instructed in order to obtain the properties true value which she failed to do. The past two weeks I have been trying to reach her to advise her that I disagree with the surveyor's valuation and my reasons are I don't believe he could reach a true valuation carrying out a ten minute visual inspection. 17 February 2017 whilst my ex was present and my solicitors litigant the surveyor came out to I inspect the property but he never tested the electric wiring, central heating, or investigated the roof via the loft.

    My witness statement and all documents I intend to rely upon were ordered to be served by the court and the claimant by 4pm 10 February 2017 which I haven't done because I no longer have representation due to terminating my solicitor from acting for me. My solicitor has failed to advise me from the start with issue's I have raised with her and she has ignored my request to apply to the court to obtain an order to instruct a full building survey and as a result the equity for each party is £40k which I strongly disagree for the property requires an electric rewire, new roof, ventilation, fitted kitchen and bathroom amongst other things like basic decorating.

    In addition to my failure to disclose by the court order date I recieved my ex's witness statement which clearly isn't signed by him which I can provide evidence and along with this 15 or more of his claims in his witness statement are blatant lies for I am able to provide evidence to prove this having original documents in my posession.

    Mt ex and his wife have evidently commenced these proceedings against me out of an act of revenge which I can also prove.

    In their witness statement and their discloser they haven't provided any evidence to support their vexatious claims and clearly they are being vindictive and malicious. In addition to this they are using bully tactics to harrass, intimidate and discriminate against me for having a mental impairment for I have suffered with long term clinical depression and anxiety due to domestic abuse.

    I'm not sure where I go from here but I don't wish to use my legal aid certificate because I feel it is a waste of public funding especially since my solicitor evidently hasn't been doing her job correctly and I feel that I have been doing all the work alone.

    I need some urgent advise and I'm now concerned the property will be sold for my failure to comply?

  2. #2
    Kati's Avatar

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    Default Re: Single Mother Order for Sale Pursuant of Section 14 TOLATA

    tagging @Diana M xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

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  3. #3
    Diana M's Avatar

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    Default Re: Single Mother Order for Sale Pursuant of Section 14 TOLATA

    You feel let down by your solicitor so you need another one to deal with these proceedings. (You can make a complaint about her to the Legal Ombudsman later.)

    You've got a Legal Aid Certificate so see if that can be transferred to another firm. Don't worry about it being "a waste of public funds" it's time to be selfish You need legal help and you need it fast for both you and your child.

    @FionaC may have some suggestions on what you need to do about the current court situation to prevent the other side taking advantage of your missed deadline.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  4. #4
    BianchiLomazzo's Avatar

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    Default Re: Single Mother Order for Sale Pursuant of Section 14 TOLATA

    Thank you for your response Diana M.
    i understand what you are saying with regards to the legal aid certificate and although I wasn't satisfied with my solicitor's lack of co operation I did in fact like her therefore i do feel disappointed. However clearly the legal aid solicitors are stretched to maximum with an over load of cases and don't have time to fight each case in death but to simply work on the basics of each case. I feel my case is complex and a Judge cannot base his decision upon learning of only quarter of my case. For this reason I have decided to represent myself because I know my case like the back of my hand it is only the legal aspects I require guidance with.

    I contacted the county court today to ask them which order I need to apply for to relieve myself from sanction since I haven't complied with the order which was 4pm 10 February 2017 and I was advised to make an application to the court using form N244. In addition to this I can request an extension to submit my witness statement and disclose the evidence i intend to rely upon.

    As as I understand, I must apply for an adjustment order which is reference to the children's act?

  5. #5
    BianchiLomazzo's Avatar

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    Default Re: Single Mother Order for Sale Pursuant of Section 14 TOLATA

    Please could a member guide me with drafting the application N244 for relief from sanction?

    I make this witness statement in support of the application the (party) for the relief from the sanction imposed on the (party) for failure to comply with the following rule, practice direction or court order, namely:- WHAT DO I WRITE HERE?


    I AM DYSLEXIC I do not fully understand

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