Ex not responding to letters

[scissorglitch]

Hi Can anyone give me some advice please. I have solicitor who is trying to sort out sale of property held in joint names, but ex won't reply to letters. He is not living at the property (neither am I), and it is being rented out by him. His mother has returrned the letters to her address (not known at this address), solicitor has sent on to the perty but they have either not forwarded it on or something else? He has ignored the letters solicitor sent to his work place too. Have you any ideas please,I don't have a phone number for him. I don't think the mortgage company will help due to data protection .

Thanks

Em

[mitzigirl_123]

Aww thank you!  😉

Personally I'd stop paying my half of the mortgage and let him foot the entire bill he is benefiting from the rent after all!

[scissorglitch]

Thanks mitzi, will let you know what her reply is tomorrow, I have emailed her saying yes to mediation, to go through the motions, I will let you know her reply, thanks again, you have really helped me understand.Hope you feel better soon

Em

[cee-dee]

There's so many possibilities surrounding what's been said so far and a public forum like this can only go so far without personal circumstances being disclosed which is not a good idea.

If the property was being bought jointly, you are both liable for any default and if you end up in Court for a resolution over it (as seems likely), any non-payment is likely to be taken in to consideration so if there's some sort of agreement where you pay half, stopping your payment isn't a good idea.

Is you name registered on the title deeds or not? If not, you could register an interest at the Land Registry.

Are the Mortgagees aware that you've parted and are they aware that the property is now occupied by tenants?

[lhasa.two]

You might find this useful, if you haven't seen it already.

http://www.adviceguide.org.uk/wales/relationships_w/relationships_relationship_problems_e/ending_a_marriage.htm#who_to_inform_when_your_marriage_ends

[ronnybabes]

I absolutely agree with CD.

It seems to me that the Solicitor has only been doing what you could have more, or less done yourself.

The problem was/is that your ex does not respond to letters, or contact. So what does your Solicitor do?

Sends more letters that will not get responded to. doh!! ?:|

and for which he/she is getting handsomely paid for.

Change Solicitors for a start,   -  explain to the new one why,  and find out what other measures will and should be taken.

No use having a Solicitor that does what you can do yourself!! You want one that tries to get results.

Just because you're on Legal Aid, doesn't mean you should get a 3rd class service.

Whether Legal Aid, or paid for,  the Solicitor is acting for, and on behalf of you, it's client.

There should be no differentiation whatsoever.

As for the funding amount - absolute rubbish. If the Solicitor is charging you for letters he/she knows won't get answered, then he/she is only going through the motions, and his/her payment should be scrutinised. A bit like buying faulty goods.

PS: Some Solicitors think they can talk down to you, and dictate just because it's Legal Aid.

You are the Boss.. they get paid because of you.. you are not subservient, you are the Customer. Remember that! You can go elsewhere.

[10phizz]

If she is a junior partner you could ask to see a senior one and explain what isn`t happening 

[scissorglitch]

Hi, The solicitor has replied, she says she can sort out mediation, but can  not do a court order to serve on him "I confirm that if matters cannot be resolved amicably and you wish to make an application to the Court  Legal Aid is no longer available for such matters due to the government changes to Legal Aid on the 1^st April 2013". But I was assessed as eligble for help in this matter in February. So is she saying that if he had replied she would do the work, but as he has not replied she won't do anymore?. I don't understand.

Thanks

Em

[barbara.1482]

I didn't want to mention the changes to the 'legal Aid' system just in case I was wrong!

Although you were entitled to LA in February I think there's a time limit when it runs out and you have to re-apply. If I was in your position I would definitely be looking for a Solicitor that specializes in Divorce, you'll probably get a more sympathetic person dealing with your case.:-)

[scissorglitch]

Hi Barbara, Nothing has been mentioned about a time limit, I thought she would have had to tell me about that, should I ask, money is tight that is why I went through the Legal help scheme, but it seems like she sent the letters didn't get a response (which I guess was obvious it was going to happen), and then not to the "legal" bit by serving the papers.

Really confused about this.

Thanks

Em

[barbara.1482]

I forgot to say your Solicitor wants to make as much money out of your case as possible but at the same time wants HER job to be a doddle, now she realizes there's a problem getting funds, she sounds as if she's lost interest, after all that's what she's in the job for....to make loadsa money.

[scissorglitch]

I'm trying to work out why she took job on. She sent some letters which I could have done, and now it comes to the legal bit, she says she cant do it? bizarre

[barbara.1482]

Em, before the Government changes in April anyone applying for LA would have to re-apply when the funds ran out. Your Solicitor should have explained about the changes that came in in April, and what the implications were for your situation.

I really DO think you need to change your Solicitor! 🙂

[scissorglitch]

Hi Barbara, she said back in February that I needed to get approved before April, which I did, but never explained about needing to re-apply. So can I change my solicitor when I am on Legal help?

Thanks

Em

[tommy.irene]

Go and see a no win no fee one and tell them you will pay when the house is sold.. Its worth a try..

[scissorglitch]

Hi tommy, I hadn't thought of that, do they do things like this I thought it was just accidents? Thanks Em

[barbara.1482]

'She says she cant do it'

She can't do it because she won't get paid! she must have known about the changes but it sounds as if she went ahead just the same.:-)

[scissorglitch]

Solicitor has emailed me saying to get court proceedings I would have to apply for higher legal help. But this was stopped in April, so I can not apply. Wish she had explained this earlier. I think all I can do is get papers served myself, or try a no win no fee one, can anyone recommend anyone please. Head is spinning now.

Thanks

Em

[barbara.1482]

Em, look in your Telephone book it will tell you there, you could give them a ring and explain!

I've got to go now and get the tea ready, good luck 🙂

[cee-dee]

Leaving that aside, have you addressed  #22?

[scissorglitch]

Hi cee-dee

Yes mortgage company know we are divorced and yes it is in joint names and registered at land registry, so all clear there. Mortgage still being paid so no arrears.

Thanks

Em