Tweet
I am going through a highly costly and acrimonious divorce to the point I had to dispense with my solicitor early on due to sky rocketing costs and have for some time have been acting as litigant in person, this alongside lots of other challenging life issues including treatment for Cancer, disputes with a neighbour who is friends with my ex who since last year has undertaken a campaign of various attacks on myself which the Police seem reluctant to deal with which has left me feeling very vulnerable and afraid and subsequently have had a number of mental breakdowns and am currently under the care of the local mental health team.
As I have no experience in the Law and no way to afford the fees without becoming homeless. the Ex's solicitor looks to take advantage of my lack of support and understanding of the requirements being requested and all attempts to get affordable support with the processes and all the rather lengthy forms as just trying to understand what is required causes me to suffer severe anxiety attacks for which I am currently needing medication
When court issued letters setting dates that I could not meet due to lack of understanding and when addressing this with the mental health team the Clinical Psychologist issued a letter stating that I do not currently possess the mental capacity to understand the processes and procedures and the potential for me to be taken advantage of leaving me severely disadvantaged including losing my home would be unfair.
The I sent this before the due dates both to the Judge and my Ex's solicitor long before the date for the exchange of Form E's and the court hearing which was at the beginning of this month and until today I have heard nothing until the court contacted me with a direction from the Judge saying that because I have been able to write to my solicitor (now Former) and the applicants solicitor he does not accept that I do not have mental capacity to understand what is being requested or indeed the the processes and procedures.
I would contest that as all letters have been composed with the help of 2 friends/neighbours and whilst they can help formulate a letter and indeed my posts on this forum to seek advice in my name they are not legal professionals nor indeed have they been through such a procedure they merely are being supportive to me in helping to compose these letters and postings. Also given the nature of the ever escalating attacks on myself and given they are known to both my Ex and the neighbour they do not wish to become identified for fear of attacks on them, their family or their property for doing so, something that I respect,
I find this approach by the judge to be very short sighted and lacking of empathy or understanding of the realities of mental health and the impact it can have, to expect me to get all my pension information, information for which I have been quoted costs that I cannot in any way afford when I have had letters sent requesting this so expecting me to be in a position to do the exchange of information I do not have and do not understand I feel is highly unreasonable and I would ask what options are open to me to stop me being subject to penal notices being issued which include having me imprisoned for failing to do something I just cannot do given my lack of capacity to fully understand what is wanted?
As I have no experience in the Law and no way to afford the fees without becoming homeless. the Ex's solicitor looks to take advantage of my lack of support and understanding of the requirements being requested and all attempts to get affordable support with the processes and all the rather lengthy forms as just trying to understand what is required causes me to suffer severe anxiety attacks for which I am currently needing medication
When court issued letters setting dates that I could not meet due to lack of understanding and when addressing this with the mental health team the Clinical Psychologist issued a letter stating that I do not currently possess the mental capacity to understand the processes and procedures and the potential for me to be taken advantage of leaving me severely disadvantaged including losing my home would be unfair.
The I sent this before the due dates both to the Judge and my Ex's solicitor long before the date for the exchange of Form E's and the court hearing which was at the beginning of this month and until today I have heard nothing until the court contacted me with a direction from the Judge saying that because I have been able to write to my solicitor (now Former) and the applicants solicitor he does not accept that I do not have mental capacity to understand what is being requested or indeed the the processes and procedures.
I would contest that as all letters have been composed with the help of 2 friends/neighbours and whilst they can help formulate a letter and indeed my posts on this forum to seek advice in my name they are not legal professionals nor indeed have they been through such a procedure they merely are being supportive to me in helping to compose these letters and postings. Also given the nature of the ever escalating attacks on myself and given they are known to both my Ex and the neighbour they do not wish to become identified for fear of attacks on them, their family or their property for doing so, something that I respect,
I find this approach by the judge to be very short sighted and lacking of empathy or understanding of the realities of mental health and the impact it can have, to expect me to get all my pension information, information for which I have been quoted costs that I cannot in any way afford when I have had letters sent requesting this so expecting me to be in a position to do the exchange of information I do not have and do not understand I feel is highly unreasonable and I would ask what options are open to me to stop me being subject to penal notices being issued which include having me imprisoned for failing to do something I just cannot do given my lack of capacity to fully understand what is wanted?
Comment