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

[scissorglitch]

Thanks barbara

Will feed my  two little ones now, as well

Em

[tommy.irene]

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

Go and see another one and ask for legal aid that they can claim back when house is sold. {legal Aid get paid back their money.}

[tommy.irene]

I don't think the mortgage company will help due to data protection .Quote.                  Did you ask them and tell them your selling your half of the house and want him to buy you out.

[tommy.irene]

Why dont you go to the court were you live and have a chat .. They could put on to someone.....  Anything i say on here is what i would do myself if it was me.

[mitzigirl_123]

Just popped in to see how things are progressing as I am still a bit poorly! 😞

First and foremost your solicitor should have outlined the terms of your Legal Aid or whatever financial legal agreement you entered into with her firm and its restrictions.  There are several and this link will best explain the types available.

http://www.divorceaid.co.uk/legal/legal-aid.htm

Secondly, she would have provided you (as a new client) with a “terms of business” or “engagement letter” which again should have outlined how her firm operates, what you have engaged the firm for and of course the terms of your (Legal Aid/Legal Help) and contained within that it should state that if the matter goes to Court, then further funding would have to be applied for.  You would have been asked to sign and return the letter to them before they could act or represent you.

If she didn’t do any of these things then you have got yourself a bad solicitor who has misinformed and misled you.

If you did receive and sign such a letter, have another look at it and see if it sheds any light on the type of funding you have been awarded and its restrictions. ?:|

[scissorglitch]

Hi tommy and mitzi, (hope you feel better today),

I have looked through my letters from her and no where does it say about having to apply for further funding to get legal help on the court work, the first I knew of it was yesterday when she emailed and said I would of had to re-applied by April 1st, wish she told me this back in February. All I can see is she says if it looks like you will not win the case I will tell you and my serviees wills stop. 

 Will I still get legal help if I change solicitor, because I had to apply for the funding before 1st April?

Should I write to mortgage company and just say "I want to sell my half of the house and want ex too buy me out, but can't locate him?"

Thanks everyone

Em

[tommy.irene]

Go and tell her your going to see someone else as you dont think she have done the job properly.. I would see another solicitor for legal advice about this one. citizen advice should be able to help you as they know the good and bad ones..

[tommy.irene]

[quote mid="1701026083"]

Hi tommy and mitzi, (hope you feel better today),

I have looked through my letters from her and no where does it say about having to apply for further funding to get legal help on the court work, the first I knew of it was yesterday when she emailed and said I would of had to re-applied by April 1st, wish she told me this back in February. All I can see is she says if it looks like you will not win the case I will tell you and my serviees wills stop. .....WIN what case your trying to sell your half of the house

 Will I still get legal help if I change solicitor, because I had to apply for the funding before 1st April?.........ASK her

Should I write to mortgage company and just say "I want to sell my half of the house and want ex too buy me out, but can't locate him.........YES DO THAT.

SHE is at fault for telling you about legal aid get at her... you are paying her...

[mitzigirl_123]

Hi Tommy I believe the CA are not allowed to recommend firms of solicitors.

Em - I would make an appointment to go and see this solicitor and tell her you are confused about the advice she has given you and you would like her to explain, in simple language, all your concerns.  Make a list of points.

Take a notebook with you and be seen to be writing down her replies.  Do not hesitate to ask as many questions as you like and if you are unsure about anything or her replies, ask her to explain it again.  It is her job to interpret and represent the law and to relay it to you in the simplest terms.

If you are not happy with what you hear, at the end of the meeting, ask her for the name of her senior partner that'll rattle her boots!

She will have been more than aware of the Legal Aid restrictions/cap and she should have assessed your case accordingly and as soon as it became evident that your ex was not co-operating she should have informed you that, in order to take matter further i.e. serving Court papers, she would have to apply for additional funding for you.

You will be eligible for additional funding but this will delay the issue.

By the way when I said I would not pay my half of the mortgage I should have expanded (me not thinking straight :_|) by adding, if you are paying your half into his account each month and that doesn't arrive, then it will get his attention and he will know that you mean business, but if it is being paid into a joint account then no it's not a good idea and you don't want to default especially if eventually you want to get another mortgage with the same company. 

[tommy.irene]

lternatively you can call 0800 1777 165 to speak to an adviser.

The service is free and without obligation. And the initial phone call with the solicitor(s) is also free. 

Find a solicitor for property

Read more: http://www.thisismoney.co.uk/money/mortgageshome/article-1619081/Find-recommended-solicitor.html#ixz...
@MailOnline on Twitter | DailyMail on Facebook

[tommy.irene]

lternatively you can call  to speak to an adviser.

The service is free and without obligation. And the initial phone call with the solicitor(s) is also free. 

Find a solicitor for property

Read more: http://www.thisismoney.co.uk/money/mortgageshome/article-1619081/Find-recommended-solicitor.html#ixz...
Some times the pinks dont like phone numbers.

[scissorglitch]

Hi Mitzi, hope you feeling better today, thanks for taking the time to look at this for me, I will look through all my letters  and write down the points like you said, I know she has never said to me about having to get more funding so she can do the court process It would have started the warning bells ringing if she had. You think I will still be eligle for additional legal funding, she said it stopped in April?  I  will keep paying my half  too, thanks

Hi tommy, thanks for the phone number, will give them a call and see what they say. I feel way out of my depth with all this. It all seemed straight forward at first and now its a mess.

Sorry to whinge,

Thanks again

Em

[mitzigirl_123]

I wish I was but thank you Em. :_|

Basically, from 1st April 2013 Legal Aid public funding was withdrawn from the majority of family law cases i.e. claiming your share of the property (or handling your divorce papers).

I still feel that you should go back to your solicitor and get all the facts then if you do decide to go to another you will be able to tell them the advice you were given and action taken so they can either pick it up from there or start afresh.  As said before, there are other legal funding options available to you but you will need to be assessed for them.

[scissorglitch]

Thanks mitzi, I am definately not going to let this drop, am going through letters with a fine toothcomb now,

Thanks

Em

[tommy.irene]

Go to the mortgage people and tell them to put the house on the market.. and then go to the tennent and tell him the house is going up for sale..That will bring your partner out of hidding ..or go to his work and ask to see him and tell him your selling the house. Do this and you should get a reply from him.. you can sell the house anytime its half yours..

[cee-dee]

You've still not said whether the mortgagees are aware that the property is now occupied by tenants.

You're also not aware of the terms under which the property was let? You might have "a bit of bovver" getting them out if you want the property sold.

[tommy.irene]

You've still not said whether the mortgagees are aware that the property is now occupied by tenants.

You're also not aware of the terms under which the property was let? You might have "a bit of bovver" getting them out if you want the property sold.

Its a good bluff if they know its getting sold ..the other half would have to buy her out..

[aernethril]

Can I ask - if the property is let, surely the OP is entitled to a share of the rent?

I appreciate this may not be of major consideration in just getting the property sold, but if and when things go to court, surely the OP could also require the ex to hand over the relevant amount she should have received as joint owner?

If he does not pay her share, then could she both claim this via the court and could she put a charging order on the property she part-owns so that she can recover the amount due from him when the house is sold?

[tommy.irene]

Can I ask - if the property is let, surely the OP is entitled to a share of the rent?

I appreciate this may not be of major consideration in just getting the property sold, but if and when things go to court, surely the OP could also require the ex to hand over the relevant amount she should have received as joint owner?

If he does not pay her share, then could she both claim this via the court and could she put a charging order on the property she part-owns so that she can recover the amount due from him when the house is sold?

You know i never though of that...its a good one..

[scissorglitch]

Hi everyone

No, the mortgage company don't know its let,I think someone said earlier if I tell them I will be dropping myself in it. And no, I don't get any of the rent,don't know who the tenant is either, but I assume ex has warned them about letters, as ones sent to the address have not been answered either. The solicitor did say I could claim for my share of the rent but, if ex has set this up and not within mortgage rules (let him face the music with that one, in court), I don't want anything to do with that, as I will explain  to them in court, eventually. Can I ask the mortgage company to sell the house tommy, do they actually let you do that?

Thanks all for your help and support, it doesn't feel as bad talking on here about it.

Thanks

Em