Can I claim

[geordie boy1960]

Hi all,

Last year I attended court for my divorce hearing, the outcome was against me and a some of monies totally almost eleven thousand pounds was awarded to my ex-partner. The court gave me twenty one days to pay the full amount, however it took her solicitor five weeks to contact me. Within fifteen minutes i was at their office presenting a cheque for the full amount, which was transferred into their account two days later. ( I have the receipt and bank statement to prove this).

In January,February, and March I received letters from her solicitors saying they were going go :mad2:back to court to get an application (legal aided) to enforce the order and that they would aslo get extra costs/interest payments fees from me as i had not complied with the court order. I duly ignored these letters (but kept them safe) as I had complied with the order in full at the earliest date, thinking that they would eventually wake up and realise that i had payed and within the time limit, especially since the person responsible for writing ALL the letters to me was the same person who signed the receipt for the monies last year.

On the sixteen August I received a letter from them saying that they had been back to court and that the order had been approved by the judge. the letter itself said that an amount of the monies totalling £2500 was to be used to pay off a joint loan between myself and my ex, this in incorrect. It was to pay off a joint account (which the judge had stated had to be paid within fourteen days of receipt of monies by my ex). Also stated was that after looking into the order there would be a further £363.01 to be paid by me but they did not explain why, along with a warning that if they did not hear from me within seven days, they would go back to court again and further costs will acrue. They have stated eventually, that they have received the money but fail to give the date this happed, so it looks like i have just settled.

 

I have written to the judge stating that i did not receive notification of the case therefore i could not attend, while also stating the above. I am waiting to hear if he will set the judgement aside. i have also initiated a complaint against her solicitor with the SRA who have said they are looking into it but also state they cannot award costs/damages etc if found proven.

 

Can I .... claim against them for with holding the money for ten months, costs damages etc and how do ,i do it on a budget. I cant go to legal aid as i am in dispute with them as my own solicitor claimed the costs from them when i refused to hand over £2500 a few days before the hearing. ( i was originally on legal aid but when i got a job i told my solicitor of this (two months before the case), and the £2500 he asked for was way above and beyond what i would expect for a further days work.

Edited August 22, 2012 by geordie boy1960

[pop_gun]

There is now a solicitor's ombudsman, but if it's like all the rest, leave them well alone. You could issue a counterclaim against your ex's solicitors for withholding the money. Very clear case of negligence. Under civil procedure rule 20.4 you can file a counterclaim with your defence. If you've already submitted your defence you would need to ask the court's permission. The court's permission will involve filling out a N244 form and £40 fee.

Please google CPR 44.17 and CPR 44.18 which deal with application for cost.

More importantly it deals with cost for parties who were partially funded by legal aid.

 

Was there an agreement or cost order prior to your solicitor representing you?

 

Hope this helps

Edited August 23, 2012 by pop_gun

[geordie boy1960]

Hi pop_gun,

many thanks for your reply, Ive sent in a complaint to the RSA, the ombudsman wont touch it because it is not about my solicitor and they wont issue damages, costs etc. My letter to the judge is simply that, a letter explaining wots up and asking him to look at it, I have not submitted anything yet as i have not been back to court and still waiting for reply to see if he will set the last judgement aside. My solicitor, as far as i know (as my head was all over the place at the time) only had me sign the application for legal aid as well as paperwork to allow him to act on my behalf.

[pop_gun]

I understand you are on a budget, but if you haven't already done so, please submit an application notice to formally set aside judgement.

The mind of a Judge is wholly unpredictable and he/she could rule against you for not filing the application to set aside. Apply for costs when you make the application and use the appropiate cpr.

 

All the best

Edited August 23, 2012 by pop_gun

[geordie boy1960]

cheers

[geordie boy1960]

Ivejust received a reply from the court saying that the judge was given my letter on the 24th august and he has said that no hearings aprt from the one on 21st november 2011 have been heard. He states that the order recentlyreceived was "a sealed copy" of the original 2011 order, there having been a delay in the court being provided with the typed copy of the order.

 

I wonder if he would have been so ameanable if i had delayed paying the money until now !!!!