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Hi,
I need help with form. I am sorry for the long background..
My ex-partner has a history running in Oct 2012, dragging custody battle by not turning up for to hearings then, I had to borrow on defence then. (Saw and continued seeing children). Got drink driving conviction then 2nd or 3rd - I was driving Children for his contact before my work as worked fortnight weekends. In Oct 2015 -different tactic: I was accused of child cruelty. As eldest turned 12 and got under spell with ex's NLP qualification.
In Dec 15 - ex collected elder from school and took him to the police with allegation. My elder always was a little scared of him...... Ex spent 6 years running a stand up comedies mostly in pubs, as compare.....
Second child was removed from me after the next day. I cared for children (and ex had regular access as I wanted kids to see both parents, I have no family hear) since 2009 for them on nearly no maintenance.
First point of tuning solicitor No 1 gave me zero no advice on how to handle of what I dread is coming.
Then kids were temporary removed from my care, and I was put on bail - beginning Dec. I got papers from ex - first hearing was due on 04.01.15. I turned to the No 1 solicitor. Verbal quote was £3.5-5.5K.
I placed £3K borrowed from friend at the time, desperate to have a contact with children, then on 2212 I was chased for another £5K 'to go a long way towards hearing'. After hearing solicitor withdrew services claiming 'conflict of interest's'. I was unlucky in a way - no family in the UK, to put forward to supervise contact, and a partner appeared to be involved against the same solicitor. Yet Solicitor suggested another firm, who was also involved as mediator in that same the same case, which was closed... friends recommended me another solicitor, we were under pressure to prepare for second hearing on 11.20. Closing bill from solicitor No 1 was a whooping £4.5k. After two further hearing which seems dragging on... I wrote in May 2016 to the Solicitor 1 stated where did I agreed that council fees be in addition of what we discussed. I got not straightforward response (as we did not and it never was put to me in a way that I could have authorise it). I received nothing till first week in Feb 2017. I was then suffering the preparation to 3 days final hearing for the same case ( one of child runaway from other partner, but partner insisted to have custody on both), I was living in boxes since Sep 2016 ( when eviction order in) as L after 9 years put the flat I was renting onto the market, and by luck, instead of the initial developer buying both flats - downstairs and upstairs, two different landlords were for downstate\is and upstairs. However Downstairs flat was in dire state and builders were doing major renovation - involving knocking wall, filling my flat with dust and dust and dust - Jan-end of March. My flat was 'completed' with the Landlord who bought me as a tenant in situ -first week of February. I was dropped by Solicitor No 3, a firm I met at the court, charity supposedly, in Dec offering me a fixed fee for three days hearing January hearing, but failed to prepare claiming lowsy excuse ( I am still to challenge them for fees). I had to go with no representation (and less £5,5K) , with judgement being made on 14.02.17.
The Small Claim court papers From Solicitors No 1 sent mid Jan 2017 - were not received by 07.02.17 ( they went to the downstairs flat). The door for the downstairs was old, my number 2 fall down from 12,I did not raise it as was hoping for the best outcome with the managing agent. I contact the court asap - was advised that ‘ I was lucky that judgement was not entered and to send The Defence asap by email’. This was done.
However, on 27.02 - I learned that Default Judgement was entered on 16.02, without looking on my defence. I filled in an N244 asap.
I went to the hearing IN June in my local County Court - I was advice it was moved to other court for 31.08.
I went to see my family aboard with my kids in July. It appears court sent me another court letter on 03.07.17 with the date of 15.08.
Basically, I pieced together only on 14.08 that on 15.08 - it was a hearing to set aside, and for 31.08 - for the Sol No 1 applying for 3rd party.
I did not got Set Aside ?! ‘As the burden of prove for not receiving paperwork’ was on defendant’. Also, that I had 1 year to challenge)! Well, under circumstances – who would keep this alertness..
It also appeared that between May 2016 and Jan 2017 - the Sol No 1 sent me by post documentation on 31.10.16. I did not received it.
i am at the point of desperation. I borrowed over the head over for the legal cost to remain my innocence, my good parent status for 6 years prior, and to protect the younger child who run away from the ex, who still maintained that custody for both children wanted (?!). I sensed long ago my ex, wanted children to better his life financially, but by playing ' cruelty to children card' i was on a weaker side,defence side, with no family here. My ex is a super actor with croc tears as with means with ex partner and a long history with the police I did not even knew about. I was acquitted in Sep 2010. Yet I had some £50,000 and as I begun working for myself in 2013 to have more flexibility around children - i was unable to earn even half of what I earned in 2013 or 2014....
I am struggling financially now, I am still unable to focus fully and earn to my best potential with all the loose financial ends floating around me. I lost 'set aside' on the process and not on the merit of the case and facing a Third party with the only bank I have account with, where I have £2k overdraft. there is circa £1,000. My rent was held minimum for the first year by the new Landlord at £1,325 ( downstairs tenant for the same flat pays £1,800) and I cannot afford to pay the Sep rent, as I was hoping for the best generating from my work, but up and down sibling contact for which i have to communicate with Ex, seems to put me down occasionally, and business is affected by the need to draw attending to picking up ' loose ends'. I live on my own. Ex stopped maintenance since the claim was made in Oct 2015. I was unable to get an appointment with CAb. I still have £9K+ HMRC 'working tax' bill that ex claimed under both names in 2005-2008, and Barclays unsecured loan that I borrowed for Ex to start working for himself in 2003 ( as it was proclaimed that he was made redundant from Director position after 6 month – but now I know he had a criminal record he hidden from me!), at £11,000.... both together with other smaller debts I am still repaying at £5, and £25 each months..
Could someone help with the working for the 'hardship' filling N244 - I only have tomorrow. I was advice not you challenge failure ' to set aside'. The bill of £4,500 is now £4,700 and there is a court fees of £1,500, for which I offered, but via that Sol no 1 firm to repay within 6 months as they advice, purely for fear to have another CCj, but I fear it is not realistic.. I have tried not to go on benefits, but I am reaching out to the council now to help me with the TAX and rent for 9-12 months, I hope rebuild myself financially. I have no Credit Cards, no savings.
I need help with form. I am sorry for the long background..
My ex-partner has a history running in Oct 2012, dragging custody battle by not turning up for to hearings then, I had to borrow on defence then. (Saw and continued seeing children). Got drink driving conviction then 2nd or 3rd - I was driving Children for his contact before my work as worked fortnight weekends. In Oct 2015 -different tactic: I was accused of child cruelty. As eldest turned 12 and got under spell with ex's NLP qualification.
In Dec 15 - ex collected elder from school and took him to the police with allegation. My elder always was a little scared of him...... Ex spent 6 years running a stand up comedies mostly in pubs, as compare.....
Second child was removed from me after the next day. I cared for children (and ex had regular access as I wanted kids to see both parents, I have no family hear) since 2009 for them on nearly no maintenance.
First point of tuning solicitor No 1 gave me zero no advice on how to handle of what I dread is coming.
Then kids were temporary removed from my care, and I was put on bail - beginning Dec. I got papers from ex - first hearing was due on 04.01.15. I turned to the No 1 solicitor. Verbal quote was £3.5-5.5K.
I placed £3K borrowed from friend at the time, desperate to have a contact with children, then on 2212 I was chased for another £5K 'to go a long way towards hearing'. After hearing solicitor withdrew services claiming 'conflict of interest's'. I was unlucky in a way - no family in the UK, to put forward to supervise contact, and a partner appeared to be involved against the same solicitor. Yet Solicitor suggested another firm, who was also involved as mediator in that same the same case, which was closed... friends recommended me another solicitor, we were under pressure to prepare for second hearing on 11.20. Closing bill from solicitor No 1 was a whooping £4.5k. After two further hearing which seems dragging on... I wrote in May 2016 to the Solicitor 1 stated where did I agreed that council fees be in addition of what we discussed. I got not straightforward response (as we did not and it never was put to me in a way that I could have authorise it). I received nothing till first week in Feb 2017. I was then suffering the preparation to 3 days final hearing for the same case ( one of child runaway from other partner, but partner insisted to have custody on both), I was living in boxes since Sep 2016 ( when eviction order in) as L after 9 years put the flat I was renting onto the market, and by luck, instead of the initial developer buying both flats - downstairs and upstairs, two different landlords were for downstate\is and upstairs. However Downstairs flat was in dire state and builders were doing major renovation - involving knocking wall, filling my flat with dust and dust and dust - Jan-end of March. My flat was 'completed' with the Landlord who bought me as a tenant in situ -first week of February. I was dropped by Solicitor No 3, a firm I met at the court, charity supposedly, in Dec offering me a fixed fee for three days hearing January hearing, but failed to prepare claiming lowsy excuse ( I am still to challenge them for fees). I had to go with no representation (and less £5,5K) , with judgement being made on 14.02.17.
The Small Claim court papers From Solicitors No 1 sent mid Jan 2017 - were not received by 07.02.17 ( they went to the downstairs flat). The door for the downstairs was old, my number 2 fall down from 12,I did not raise it as was hoping for the best outcome with the managing agent. I contact the court asap - was advised that ‘ I was lucky that judgement was not entered and to send The Defence asap by email’. This was done.
However, on 27.02 - I learned that Default Judgement was entered on 16.02, without looking on my defence. I filled in an N244 asap.
I went to the hearing IN June in my local County Court - I was advice it was moved to other court for 31.08.
I went to see my family aboard with my kids in July. It appears court sent me another court letter on 03.07.17 with the date of 15.08.
Basically, I pieced together only on 14.08 that on 15.08 - it was a hearing to set aside, and for 31.08 - for the Sol No 1 applying for 3rd party.
I did not got Set Aside ?! ‘As the burden of prove for not receiving paperwork’ was on defendant’. Also, that I had 1 year to challenge)! Well, under circumstances – who would keep this alertness..
It also appeared that between May 2016 and Jan 2017 - the Sol No 1 sent me by post documentation on 31.10.16. I did not received it.
i am at the point of desperation. I borrowed over the head over for the legal cost to remain my innocence, my good parent status for 6 years prior, and to protect the younger child who run away from the ex, who still maintained that custody for both children wanted (?!). I sensed long ago my ex, wanted children to better his life financially, but by playing ' cruelty to children card' i was on a weaker side,defence side, with no family here. My ex is a super actor with croc tears as with means with ex partner and a long history with the police I did not even knew about. I was acquitted in Sep 2010. Yet I had some £50,000 and as I begun working for myself in 2013 to have more flexibility around children - i was unable to earn even half of what I earned in 2013 or 2014....
I am struggling financially now, I am still unable to focus fully and earn to my best potential with all the loose financial ends floating around me. I lost 'set aside' on the process and not on the merit of the case and facing a Third party with the only bank I have account with, where I have £2k overdraft. there is circa £1,000. My rent was held minimum for the first year by the new Landlord at £1,325 ( downstairs tenant for the same flat pays £1,800) and I cannot afford to pay the Sep rent, as I was hoping for the best generating from my work, but up and down sibling contact for which i have to communicate with Ex, seems to put me down occasionally, and business is affected by the need to draw attending to picking up ' loose ends'. I live on my own. Ex stopped maintenance since the claim was made in Oct 2015. I was unable to get an appointment with CAb. I still have £9K+ HMRC 'working tax' bill that ex claimed under both names in 2005-2008, and Barclays unsecured loan that I borrowed for Ex to start working for himself in 2003 ( as it was proclaimed that he was made redundant from Director position after 6 month – but now I know he had a criminal record he hidden from me!), at £11,000.... both together with other smaller debts I am still repaying at £5, and £25 each months..
Could someone help with the working for the 'hardship' filling N244 - I only have tomorrow. I was advice not you challenge failure ' to set aside'. The bill of £4,500 is now £4,700 and there is a court fees of £1,500, for which I offered, but via that Sol no 1 firm to repay within 6 months as they advice, purely for fear to have another CCj, but I fear it is not realistic.. I have tried not to go on benefits, but I am reaching out to the council now to help me with the TAX and rent for 9-12 months, I hope rebuild myself financially. I have no Credit Cards, no savings.
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