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Hi all,
I’d really appreciate any help, as I have been let down by my divorce solicitor (23 issues of negligence, I now know to have been an acquaintance of my ex). A so called ‘no win no fee’ solicitor I paid £6k to. I fought for 3 years as a LIP against a law firm but became ill before the trial and lost my bottle. I borrowed money to instruct a solicitor who was useless, so I gave up and settled out of court, the solicitor taking a chunk of the settlement money for his reading of documents and 20 minute phone call. I owed every penny of the settlement fee to my parents for the £70k legal costs in the divorce.
I filed for divorce in aug 2014 after 12 years of domestic violence. The FDR trial ended in June 2016. I suffered a huge financial list and have been left financially, mentally and physically ruined. The injuries resulted in being registered disabled.
I moved away with my children and after paying off my ex’s debts I bought a house in Oct 2018 with the proceeds of sale from my house and a flat I owned as per the consent order.
my ex was awarded a charge on my new property in his name not to be exercised or enforced until my youngest finishes education.
my ex (Who lives a millionaires lifestyle, Bentleys, Merck’s, range rovers, home in Spain, drinks crystal like water) claimed personal bankruptcy prior to the sale of both my properties and confirmed this would affect me or the kids and would not be claiming his charge anyway. He accumulated massive debts against the house I had to clear.
In aug 2018, hearing in November 2018 I asked the court to enforce the maintenance and reduce the charge %. I was unsuccessful. The judge also an acquaintance of my ex.
in May 2019 after my daughters refused contact with my ex. I received a letter from solicitors acting for my ex’s parents who claimed to be entitled to the charge on my house upon a purported ‘declaration of trust’ apparently made in aug 2016 (6 weeks after the FDR consent order) BUT before the decree absolute in October 2016.
The declaration removed my ex from all interest and financial benefit from my previous house and my replacement home. Assigning HIS charge to his (multi millionaire) parents on condition of them paying a bank debt, car lease fees, school fees, legal fees etc.
Can someone please advise * if someone makes a legal Declaration removing all interest in a property...... how can they make a court application to enforce a charge on that property they have no interest in? *
and
*How can that person with no interest apply for the courts to enforce a charge in that property But is enforcing the charge HE was awarded, to be registered in his parents names? *
He declares no interest.
He never produced or mentioned a declaration previously and I have evidence from after aug 2016 up to May 2019 in his previous court statements, bank statements, solicitor emails, loan company etc all confirming the declaration was faked, is fraudulent, illegal, made years later and proving the conditions contained were not complied with.
The private and confidential consent order was strictly made to remedy the financial dispute after 2 years of court battles between my ex and I.
*can they claim to now be entitled to the charge without prior consent of the courts?*
*can the solicitor disclose all details to 3rd parties (the parents)?*
*is the purported declaration valid if dated before the dissolution of marriage/decree absolute?*
*if the consent order stated the charge was to be registered FORTHWITH, UPON PURCHASE, and it is now 18 months later. Should the courts acknowledge this?
Please please please help I have no money for legal representation, I gifted my house to my parents in Oct 2019 due to health reasons and financial difficulty, but have no time to apply for legal aid after being let down again by another solicitor.
sorry for the long essay but wanted to give as much info as possible.
kind regards
from an exhausted ‘Paris’
I’d really appreciate any help, as I have been let down by my divorce solicitor (23 issues of negligence, I now know to have been an acquaintance of my ex). A so called ‘no win no fee’ solicitor I paid £6k to. I fought for 3 years as a LIP against a law firm but became ill before the trial and lost my bottle. I borrowed money to instruct a solicitor who was useless, so I gave up and settled out of court, the solicitor taking a chunk of the settlement money for his reading of documents and 20 minute phone call. I owed every penny of the settlement fee to my parents for the £70k legal costs in the divorce.
I filed for divorce in aug 2014 after 12 years of domestic violence. The FDR trial ended in June 2016. I suffered a huge financial list and have been left financially, mentally and physically ruined. The injuries resulted in being registered disabled.
I moved away with my children and after paying off my ex’s debts I bought a house in Oct 2018 with the proceeds of sale from my house and a flat I owned as per the consent order.
my ex was awarded a charge on my new property in his name not to be exercised or enforced until my youngest finishes education.
my ex (Who lives a millionaires lifestyle, Bentleys, Merck’s, range rovers, home in Spain, drinks crystal like water) claimed personal bankruptcy prior to the sale of both my properties and confirmed this would affect me or the kids and would not be claiming his charge anyway. He accumulated massive debts against the house I had to clear.
In aug 2018, hearing in November 2018 I asked the court to enforce the maintenance and reduce the charge %. I was unsuccessful. The judge also an acquaintance of my ex.
in May 2019 after my daughters refused contact with my ex. I received a letter from solicitors acting for my ex’s parents who claimed to be entitled to the charge on my house upon a purported ‘declaration of trust’ apparently made in aug 2016 (6 weeks after the FDR consent order) BUT before the decree absolute in October 2016.
The declaration removed my ex from all interest and financial benefit from my previous house and my replacement home. Assigning HIS charge to his (multi millionaire) parents on condition of them paying a bank debt, car lease fees, school fees, legal fees etc.
Can someone please advise * if someone makes a legal Declaration removing all interest in a property...... how can they make a court application to enforce a charge on that property they have no interest in? *
and
*How can that person with no interest apply for the courts to enforce a charge in that property But is enforcing the charge HE was awarded, to be registered in his parents names? *
He declares no interest.
He never produced or mentioned a declaration previously and I have evidence from after aug 2016 up to May 2019 in his previous court statements, bank statements, solicitor emails, loan company etc all confirming the declaration was faked, is fraudulent, illegal, made years later and proving the conditions contained were not complied with.
The private and confidential consent order was strictly made to remedy the financial dispute after 2 years of court battles between my ex and I.
*can they claim to now be entitled to the charge without prior consent of the courts?*
*can the solicitor disclose all details to 3rd parties (the parents)?*
*is the purported declaration valid if dated before the dissolution of marriage/decree absolute?*
*if the consent order stated the charge was to be registered FORTHWITH, UPON PURCHASE, and it is now 18 months later. Should the courts acknowledge this?
Please please please help I have no money for legal representation, I gifted my house to my parents in Oct 2019 due to health reasons and financial difficulty, but have no time to apply for legal aid after being let down again by another solicitor.
sorry for the long essay but wanted to give as much info as possible.
kind regards
from an exhausted ‘Paris’
