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Financially abused within court process? Did something not feel right?

(32 Posts)
Hiddentruth Fri 07-Dec-18 12:06:01

Putting a call out here for your experiences. I was financially abused within what seemed to be normal ancillary relief proceedings in divorce.

However they were not normal proceedings at all following the protocol. It was undeclared litigation in the family court.

I knew something was very wrong and reported to the solicitors regulatory authority and the police as grounds for divorce included financial abuse in a wider picture of domestic abuse.

The whole process was abused and a QC described my case as a complete mess.

Behind the scenes, totally hidden was a special type of loan taken out by my ex to pay his legal bill. It should be declared into court and to me.

It wasn't. These loans are offered via solicitors. They take security over your assets...they 'charge' your assets...even when they are jointly owned...like a pawnbroker but the terms are horrific and they can call in the loan and sell your assets without ensuring notice is properly served.

This is one side of the story. I was the joint owner on the receiving end of the loan. However it seems people are being harmed by them also if they took them out.

Does this ring any bells with anyone?

Did your court proceedings follow proper process or did you feel you were being abused further by it or having your legal bill run up totally unnecessarily?

Did your solicitors explain things properly to you and any risks you faced or claims anyone else had on your assets?

This matter is of public interest and I would love to hear your experiences as I think people are being wrongfully and dishonestly harmed through the court process and even the arbitration process. Your experiences might be able to see what is going on and stop more people losing their assets to investors who are actually investing through these loans in your court case!

My property was ordered for sale by breaching my human rights. I did not know how this was even possible.

I think the loan was repaid off the top of our combined assets before it was divided so that I actually may have paid all or half of my ex's massive legal bill without me knowing.

The debt people say it should only come off the settlement of the person taking out the loan.

OP’s posts: |
HelloBrass Fri 07-Dec-18 13:40:55

I'm not sure what you mean by "undeclared litigation in the family court". Could you explain more?

greenberet Fri 07-Dec-18 14:20:15

Hello Op yes I believe I was financially abused by my solicitors, by a direct access barrister and by the judge hearing my final hearing. I have proof that the judge in my case had information prior to my final hearing that confirms my x lied about the state of a joint company in as much as he said it was going down the pan but took on 2 new employees.

I believe I lost the family home due to manipulation and abuse by my ex husband and by my solicitor who wanted it sold so she had plenty of funds to access when pushing me towards full court hearing despite me no telling wanting this.

More appallingly I believe my mental health was abused by my solicitor, due to her lack of dealing with issues promptly I was often under pressure to agree/ action things when I was not well. I believe my mental health was abused by my ex barrister twice - once at court hearing for house sale and then at final hearing - basically questioned my sanity and pummelled me into an emotional wreck so I was not able to function and then ask questions that would have established the lies being told.

The judge was aware of all this - my final hearing I was told should not have gone ahead - judge refused a retrial or appeal purely I believe due to court costs and time etc.

If I got a transcript - x,s solicitor refused to share her notes - this would prove all this. I ran out the court after shouting “do you want me to say I’m suicidal does this prove my mental health” I could quite easily have gone under a bus. I was shafted basically - I’ve been trying to pick up pieces - ongoing emotional and financial abuse all documented on here
Even though judge told me it would all end once divorce finalised. It didn’t - it hasnt x has just reported me to police for harassment as I posted something on a charity fundraising page of Ow just as I was about to be taken to court for CMS. Ironically her fundraising was for abused kids.

I’m waiting on a police visit - I’ve spkoen on the phone re the abuse I’ve been under - I’ve been trying to go via ombudsman re solicitors but it has all ground to a halt - I’m going to mention that I believe my solicitors have overcharged me and owe me money - they refuse to engage with email communication now, I’m also thinking of doing something with the judge but don’t know what yet

I knew and said everything my x was capable of and have now got the proof. I wasn’t believed at the time - too emotional too suspicious - I should have had allowances for the fact of my mental health - it was like a person with no legs being told to walk across a room to prove that they could not walk - and then when they fell over just being looked at incredulously and stillnot believing that they cannot walk. Even when they have Gp and psychiatrist saying they cannot walk - I even had to take a mental health nurse to a final hearing to get it adjourned because the judge did not accept what I was telling her in a telephone hearing the week before and refused to adjourn

This is in an age when we supposedly understand MH issues - well fuck me - this abuse was worse than the x having an affair - the people supposed to protect me failed! But not only that they abused me too - where are you going with this Op - I am with you - because all the time I have suffered my kids have suffered - my DS has been suicidal too - and the courts claim kids are priority - my x claimed they were his priority - the only priority was the solicitors seeing how much they could make out of this and the judge - a new judge too - was getting this case over and done with!

I’ve read on here Somewhere that LIPS are not liked by the courts - my view on this is we must be a threat to their ego as they have gone through years of training to get where they are and we can’t have a person off the street coming in here and doing a good job - because what does that say about the legal profession? Instead we are abused and taken advantage of in the name of justice!

I didn’t realise how angry I still am until just now!

Hiddentruth Fri 07-Dec-18 16:50:29

Hello and thank you for replying!

Ok, nothing very easy here...this will soon become complex so be prepared! I am going to try to answer @HelloBrass first and will need to answer @greenberet after as I am needing to go out in 10 mins...

HelloBrass says:

I'm not sure what you mean by "undeclared litigation in the family court". Could you explain more?

Good question. What I mean is that litigation is what is called a 'reserved' activity which means special rules have to be followed. It is not what the family court is set up for. It is a commercial activity where 2 opposing sides have a dispute of a business nature and are obliged to try to resolve the dispute without going to court.

Anyone who wants to correct me on any of this do feel free! You may want to do your own googling on the matter but this is helpful and I have put some extracts from it here:

www.allaboutlaw.co.uk/stage/areas-of-law/litigation

Litigation, or dispute resolution as it’s also known, involves assistance with disputes and claims which may arise in the course of any commercial transaction or deal.

Such matters could arise between different companies, or between companies and individuals.

Issues which fall under litigation can range from contractual matters, banking transactions and fraud, to mergers and acquisitions, regulatory mechanisms or competition, corporate management and restructuring problems.
Why is litigation important? What does it involve?

Often when people think of litigation, they think of lawyers taking claims to court or defending claims brought against their clients. However, due to the cost and damage to business relationships that occur during court battles, dispute resolution is often used.

Litigation is subject to frequent changes and developments over a period of time.

Here in the UK, there are growing trends of American style class action suits, protests against the escalating costs of litigation, third party funding and a noticeable growth in the number of solicitor advocates.

So, what I am discussing here is that an American style loan funding system which has only ever been used in commercial civil courts where investors may put up the money to 'back' a case which they think has prospects of success. It is high risk gambling because they lose their money if they don't win.

This model has invaded our family courts with Legal Aid going down and so there are now loan companies operating in tandem with solicitors to offer litigation loans to people in divorce.

What I am saying is that normal ancillary relief proceedings would not be seen as litigation because litigation has to follow certain protocols.

I think there are lots of people out there whose divorce finances have been affected by these loans which have extraordinary terms to them and where the investors and loan companies charge the assets in the divorce.

That means they have laid claim to them and so you are not just dealing with you, your soon to be ex, what you own together but it has now become a tussle between multiple parties.

I believe these loan structures can be used by a spouse to unfairly get something or to cause harm. Equally I have seen the other side of the coin where the person taking the loan is being abused and massive legal bills are being run up.

Hope that helps for now...must dash but will come back later and answer greenberet

OP’s posts: |
Hiddentruth Fri 07-Dec-18 22:00:39

@greenberet and all with an interest in how divorce is working...

Hang onto that anger greenberet as you can have your voice heard...I still will come back more on your post as I want to reply.. but am busy doing this government consultation on divorce which has to be in very soon and I want to have my voice heard!

You may want to consider doing it too as you may want to put your view on a very important decision...and your own experiences

Government consultation on changing divorce to non fault here...

consult.justice.gov.uk/digital-communications/reform-of-the-legal-requirements-for-divorce/

and herebut the top link is the one you need...

www.gov.uk/government/consultations/reform-of-the-legal-requirements-for-divorce

I personally am wondering what happens to consideration of abuse in this idealistic concept of non fault where it is evident that abuse can be perpetrated through the court process and can roll on into finances and childcare issues...so I want to have a good read of this and think long and hard about the questions!

OP’s posts: |
Sarah8410 Fri 07-Dec-18 23:14:48

Green beret what does LIPS stand for ?

Hiddentruth Fri 07-Dec-18 23:56:50

@Sarah8410

Hi, think I can answer this ...think greenberet means Litigants in Person...LIPS...

What we have now in the courts are more people representing themselves because they cannot afford not to or, as in my case, at critical points in the proceedings even if I had a solicitor I chose to because I simply did not trust my suspiciously acting solicitors, the ineptitude of them sending me beautifully argued waffly letters...all costing me money and getting nothing sorted. Proposing we go into hearings without a schedule of assets and without full disclosure.

They knew the other side needed to make full disclosure and was determined not to...well where was the no nonsense insistence by them (for me) to get that disclosure. It is not an 'option'...it is a requirement! Form E requires it, there is an ongoing obligation through proceedings.

I employed 6 different firms of solicitors over a 3 year period in the hope that one of them would get this wreck of a case right way up and each of them when asked to do anything of note in court would sugest to the judges that I was a LIP for much of the proceedings. This was twaddle...I don't think 40k run up by them and the abuse of process is me being a 100% LIP.

What they probably were really saying was ...'it is a bloody nuisance that this person has half a brain because she can see through our lies and is keeping us on our toes. If she would just let us get on with our job and take our rubbish we could have shafted her good and proper and she never would realise that actually we are all keeping a bit fat lie from these proceedings and that is that her ex and applicant in the financial case has an undeclared litigation loan and this means he has the upper hand in the finances because he has put charges on all their assets and can shaft her because of it...but we won't tell her that because it is a bit awkward because she has said in her divorce petition that there has been domestic abuse including financial abuse and we can run with this and earn lots of money defending a hopeless case'

@greenberet...I am going somewhere with this...I am working hard on getting redress so bare with me.

Do you think there is a chance that your ex had one of these loans I speak about. Did your case go through all the 3 stages in court...

First Appointment
FDR
Final Hearing?

OP’s posts: |
titchy Sat 08-Dec-18 00:07:09

Why are there a billion posts this week about litigation loans...?

greenberet Sat 08-Dec-18 11:06:00

@Sarah8410 yes litigant in person

Except I had paid for solicitor representation. - My solicitors fees were extortionate - I wised up to what was going on - asked my solicitor to do a certain thing - she refused and then stopped acting for me - this was 6 weeks before my final hearing - tried to engage another solicitor they wanted £26k from me - went to direct access barrister - who failed to turn up in court - long story her mother was ill and died but still
believe she was negligent - currently trying to pursue her!

@Hiddentruth I’ve just read your last post - I’d written above before doing so -

..'it is a bloody nuisance that this person has half a brain because she can see through our lies and is keeping us on our toes. If she would just let us get on with our job and take our rubbish we could have shafted her good and proper

This exactly me!

Didn’t have one of these loans and yes went through all court stages.

But I lost family home - ordered for sale by courts - solicitors sent me to hearing alone - they then knew they had these funds “available”

I was vulnerable - I believe my x had a game plan - he had affair with someone he employed in business - they had vested interest in making sure business was seen to be going down the pan - I had 50% shareholding - I got nothing for my shares - I came out financially worse than if I’d never met him - after 20 year marriage! I had my own house - if I’d kept that it would be worth more than what I can currently buy.

He tried to make out no one else involved to keep kids on side - his accountants that were also mine acted under conflict of interest. I have made a complaint against surveyor who was appointed to act for me in relation to house sale - I believe he was influenced by my solicitor, also my initial barrister - she was told i was highly suspicious - all justified as I can now prove.

Ow posted stuff on social media to goad me - then when I reacted got solicitor to write letters saying I was harassing them and my behaviour was worrying - used all this in his court statement.

Nothing I said was believed although I can prove it all now

Is it 6 years to bring a professional negligence case?

greenberet Sat 08-Dec-18 11:07:21

@Daisybarker123

Hiddentruth Sat 08-Dec-18 16:04:43

@titchy

Because there are a billion reasons to discuss what is going with this dark art in a solicitors' toolkit.

I have evidence they are being used to perpetrate financial abuse and appropriate assets dishonestly...which is an offence...in divorce finances and are not being declared as they should be into proceedings or to the other party whose joint assets they are secured on.

I believe they are being used to run dishonest legal bills up on false basis when the modus operandi is for the invisible investor in your divorce case decides along with the operating solicitor to call in the loan and get control to sell your assets.

This means selling the asset...but to who..their contacts???...mine was totally mismarketed and they hid a big chunk of property...so anyone on here who wants to know how to check out if they have been 'done' and been made to fight in an unwinnable case...which also is an offence..please DM me.

The tale of @greenberet rings true. These guys are orchestrating the case...not the process orchestrating it and are abusing process to a sophisticated fraudulent game.

This is why it is being discussed because it is vital people know and question their cases....were you unreasonably harmed by it? Did the system protect you robustly or did your solicitor defer to another and pretend to fight for you but then let you down?

If they did it could be because there was a litigation loan contract with the other side and the case was stitched up from the off.

Suggest where there is business and unusual assets involved it is more likely one will be taken...by one party or another. They are marketed as a tool to assist the less wealthy spouse with poorer income or access to funds to defend against their wealthier spouse but can be used as a weapon to put assets out of reach too, under the control of a loan company.

How many of you have even heard of them or been offered access to them ? Firms like Novitas and Ratesetter or Iceberg ....

OP’s posts: |
Daisybarker123 Sun 09-Dec-18 12:33:09

Hello
I have read this thread with a feeling of dread. I have transcripts of 14 hearings in Aldershot and Portsmouth appeal court, where my transcripts were ignored completely, so Aldershot court could accuse me, not my ex, of litigation misconduct so the court could justify passing costs of represented party onto me. As court let litigation get out of hand (vexatious hearings) and ex did not get all his own way - (transcripts confirm I fought back against corruption and breaches of practice directions)- the only way ex could get £42,000 of his costs from me and increase his settlement, was to manipulate a fraudulent sale of a property, which all knew I could purchase myself, following his fraudulent appeal in Portsmouth. The property was sold to a solicitor. As ex's solicitor appointed herself as conveyancer, (unlawful order confirming a conflict of interests) she deducted what she wanted from my proceeds of an undervalued unnecessary sale. I have been left with no income or pension, so courts have failed in their statutory obligations to me. I have demanded unlawful deductions back or will report to the Police and apply for a Judicial review, as Aldershot court sealed unlawful orders to permit this. As I can prove abuse with transcripts, I urge everyone to apply for these (form EX107 HM courts website). Court was visibly shaken when I advised I had them. At the very least I intend making these public. Aldershot told me wrongly they were private hearings (no children involved) - High court said they were public hearings, at least take someone into court with you, preferably a journalist. Aldershot court issued me with a 'gagging order' - High court said this was an abuse of my right to freedom of expression. Aldershot court issued me with a limited civil restraining order when I applied for my right to buy my own property be upheld - which says it all.

Be warned at all costs keep out of this court. It is an abuse of human rights to not get a fair trial. I have advised all those involved in the sale to how abusive litigation and unlawful orders led to a fraudulent sale, i.e. advised estate agents, their solicitors, purchaser, his solicitors and his building society. I am writing to Ministry of Justice to ask them to suggest how I now get an income and pension, as Aldershot has ignored the truth, violated rules on impartiality and has abused my right to a fair hearing. I will advise Ministry of Justice of my total losses, including a sum in compensation for abuse, for which I consider this Dept responsible as it appoints Judges and oversees courts.

I want to set up website? ideas? to expose how exactly court/solicitors/barristers defraud. If you believe a court is failing you can apply yourself for the case to be heard in a different court, (form is on HM gov courts website) but my experience is the only way to ensure a fair hearing is to go to the High court, as it is outside the influence of local legal profession who are also judges. They are free to dismiss complaints as they know they are protected by courts who have sealed the required orders, they also know that SRA and Legal Ombudsman do nothing. I applied for an injunction to stop the sale at the High court - the justice here was a breath of fresh air. I believe that Aldershot considered, I would be too scared to expose it, being threatened at a particularly abusive hearing with 'what happens in court stays in court', having turned off the tape by then.

I have been completely traumatized over 4 years, having my finances and my personal life destroyed deliberately, the judge involved is District Judge James, complaints on the internet go back to 2011, what is going on! I do not want anyone to end up going through the abuse I went through so please keep out of this court.

Hiddentruth Sun 09-Dec-18 15:13:18

@Daisybarker123

Hello and thank you so much for sharing this...this is truly shocking. Very evidently there is a serious threat to the public going on and it became evident to me that through the incredible breaches of process...unrelenting and purposeful where it was evident that ex's solicitors had the ear of the court...they could get hearings at short notice, when they wanted them and got court orders sealed in the most suspect ways. I reported to the police that they were running me up a massive legal bill by breaching process themselves which had to be defended.

It became evident that I was being abused and the court were facilitating it.

It goes on and on...

So, by using my brain.,.nothing else...I thought back over the whole proceedings and tried to make sense of the madness.

I remembered one solicitor mentioned there were litigation loans right at the beginning of the situation when my ex put it in court for finances ....I dismissed it as it sounded weird to me and thought nothing more of it. I then ....after the events...looked into these loans and realised it would explain the weird behaviours.

I have managed to find out that I was right...my worst fears evidenced that I was lied to throughout proceedings. That my case was being invested in and my assets charged.

This means we have court in contempt of itself! It makes a mockery of everything.

So this country truly is on its knees and does not need Brexit to self destruct, it is doing so already because it is allowing fraud to be perpetrated in court and it's public to be harmed.

The years since 2012 are crucial. It seems this is when this outsourced lending formula was cooked up as legal aid went down.

The tactic of calling the defendant vexatious as a deflection from the truth is very familiar. I too had tapes switched off in hearings and very bizarre was a stenographer in an FDR hearing which is supposed not to be recorded.

The Judge also did not record a crucial hearing when he heard his own set aside hearing of his own dodgy order which breached my human rights.

Oh and court case numbers being messed about with on documents.

More stories please!?

OP’s posts: |
Daisybarker123 Sun 09-Dec-18 22:52:27

Hello,
I am sorry to hear your trauma, and hope I can help you make sense of a sophisticated scam, which I have been trying to undo for many years. I am trying to understand how they could legally use joint assets as security for ex's loan to pay litigation costs, without your authority. Legislation states each party is to pay their own costs. If you start proceedings with a loan, this confirms you expect one sided justice from outset, i.e. starting proceedings in expectation of the court passing other sides costs onto you, i.e. predetermining the outcome. Have I got this right? To justify you paying other sides costs, court blames you for litigation misconduct?

When my flat was sold, as I was self representing, ex's solicitor/ joint conveyancer, (obvious conflict of interests) provided Completion statement. I had no say over her deductions but it did itemize what 'debts' she paid before giving me what little was left. This included her costs for hearings/orders to stop me from buying my own property, of £42,000. If your sale proceeds were used to pay a loan, there must be a date this loan was granted and by whom. If you did not sign any agreement, I cannot see that your assets could be used to pay it. Also if there was a mortgage on the property how could a further loan be secured without reference to them. As all payments must be recorded on completion statement - do you have all documents/correspondence from the conveyance. Do you have completion statement, all orders and all transcripts, even cut off ones!

Conveyancer submitted completion statement to the court for approval. At this hearing court confirmed I had a right to buy flat, then ordered I be banned from entering it, threatening me with two years in prison if I went near it, forcing me onto benefits - all recorded. Court refused to approve the completion statement, concerned at all recorded abuse? Transcripts confirm solicitor overcharging. She applied for 30 minute hearing then charged for 2 hours - this happened six times at least. I have attended Aldershot and Portsmouth court to get copies of court file. I have made applications to the court's myself to strike off orders, my applications were ignored yet ex's solicitor (who is also a judge) demanded hearings with no justification at short notice. I have asked court how much income ex's solicitor has generated in Aldershot - apparently no record exists!

I believe it is a statutory requirement for all hearings to be taped. The only issue with an FDR is that the final hearing judge cannot be same as FDR judge. The court rules which govern how cases are run are the Family Procedure Rules 1991. The act which governs how court is supposed to divide the assets is section 25 of Matrimonial Causes Act 1973. Many breaches of these rules are confirmed by court and court staff. Court allowed adversaries solicitor and barrister to groan and hiss while i was speaking and barrister actually
turned on me with an aggressive glare - the court did nothing.
1. Court accepts incomplete Form E from represented party and allows litigation to proceed with his non-disclosure.
2. Court fails to order mediation or penalise ex for tax evasion, (included doctoring limited company accounts and submitting my tax return to HMRC with his income on it. Court states ...'I am not interested in tax evasion'.
3. Court allowed final hearing with no FDR - claimed in Judgement that one had been held. Court file has a sealed application for an FDR on it!
4. Court forced me to cross-examine ex for 7 hours at five days of final hearings. Failed to penalise ex for causing adjourned final hearing due to non-disclosure and tax evasion but claimed I had failed to disclose bank statements, (transcripts confirm me handing them over to court)
5. On 4th day of final hearings I advised I had transcript of first two days - complete meltdown as they realised everything was recorded. 52 page Judgement fails to acknowledge transcripts and only uses ex's figures, blaming me for it breaches of rules. Judges Findings of Fact fails to record ex's assets/income recorded on everyone's transcripts.
6. Court awarded me the family home plus flat, which provided my only income and was my pension fund.
7. Ex did not like this and went to appeal, using court's false 'findings of fact'. Court staff failed to advise me of secretly held, permission to appeal hearing.
8. At Appeal ex's barrister advised they had not seen any transcripts. As Judgement blamed me for chaos, I was prejudiced at the appeal. Appeal judge awarded my ex an extra £115,000. I have since discovered he failed to advise appeal court he was engaged to be married and had the assets to buy a third property.
9. Ex then applied for a hearing in Aldershot, to increase his settlement by another £15,000 plus his costs.
10. Appeal order said if I wanted to retain my home I had to remove him from mortgage, home was to be sold if he could not be removed. I applied to lenders to remove him, which they rightly refused without his authority. He refused to apply, so his solicitor is recorded advising the court she would be applying for a hearing for an order to sell my home. I guessed their dirty game and repaid the entire mortgage to retain my home.
11.Ex then concentrated on selling the flat, using corrupt estate agents, nominated by his solicitor.
12. To succeed he applied to Aldershot to vary appeal order giving 'both parties conduct of the sale' to giving ex sole conduct. With his solicitor as conveyancer, they could discount my rights entirely.
13. As Aldershot were violating rules on impartiality, I applied to the High court, on my own, for an injunction to stop the sale, having only 7 days, as I was excluded from getting any details of conveyance until exchange had taken place. Due to the chaotic mess and ex's barrister keeping evidence from the High court, I failed but it was invaluable as I learnt from senior judges that orders from Aldershot were an abuse of my human rights so unlawful.

Please let me know your responses to this - I am still trying to get everything clear to take this matter forward. I think I have a record of every trick in the book!

all the best
daisy

seedi Mon 10-Dec-18 00:33:39

@daisybarker123 what a legend you are. starstarstarthanksthanksthanks

I don't know why I ended up reading this thread as I am not even near a divorce but I can't believe it.

Can you go to morning tv or something?

This is unbelievable shit.

Yes you should set up a website.

How cruel.

seedi Mon 10-Dec-18 00:50:28

I don't understand is it really the case that an ex can take out a litigation loan and it can be a charge against a joint asset - like family home a but if you are divorcing you may never find out that your ex has a litigation loan until it is too late?

No charge will show on your mortgage?

How is this allowed?

MissedTheBoatAgain Mon 10-Dec-18 02:49:45

The Litigation Loan should be included on the Form E under the liabilities Section.

I don't know how the Courts view loans when it comes to asset split, but it would seem harsh that such loans could be used to reduce the value of Joint assets accrued during the marriage?

seedi Mon 10-Dec-18 08:05:41

But obviously in some cases an incomplete part E is filed - this is sounds like a ducking scandal.

Why no major media coverage?

MissedTheBoatAgain Mon 10-Dec-18 09:07:41

If a loan in is place then whoever has taken out the loan must be seeking representation otherwise why would they need the loan? Hard to believe that a Law Firm would not include such loan on Form E?

seedi Mon 10-Dec-18 12:26:03

But an incomplete form E is mentioned below.

I have just seen a isa fund investing in these types of loans promising interest rate of 8 percent pa.

This whole thin stinks and yes I can totally see how unethical lawyers come to the party and help make an abused woman homeless.

I am just surprised there is no widespread media on this topic.

Hiddentruth Mon 10-Dec-18 22:43:55

Hello everyone I am delighted to see some passion coming into responses on this thread which I started to see if I was all alone with my experiences and evidence or not. I wanted to build awareness.

To see that @Daisybarker123 has been on a major quest fills me with admiration and also a sense of woe because evidently there are some dreadful things going on.

If I can just bring the thread back to the question...

Financially abused within court process? Did something not feel right?

I have made the most horrific discovery and that is that a litigation loan had a series of investors and loan companies investing in my divorce and my assets. Nobody told me. The sense of violation is profound.

So yes..as you are rightly asking...how can this happen? Well I think it shouldn't be happening most definitely but it transpires that these loans are advertised as being able to be started and repaid and another taken out at any stage in proceedings and they even say they are designed to suit cases which have been rumbling through the courts for some time.

So my point is that YOUR case could be infected with one of these and a big warning sign is if there is pressure to get decree absolute pushed through.

Then they don't have to tell you! In my case decree absolute was also put through without my knowledge!!!!! How can this happen!?

There are ongoing obligations to disclose but my case went to FDR and final hearing without the now revealed dishonest side being even required by court to make full disclosure...so we could be talking corruption within the court and favours being done by the judiciary.

It certainly beggars belief. Clauses were added unseen into orders and they got them sealed by court!!!!

2 different Form E on the court file for the dishonest party. A big asset was undeclared by them and was lost in proceedings I believe to the investors and the solicitors firm contacts in a superbly orchestrated but deeply dishonest consortium.

The point is that human rights are being breached. That was confirmed to me by a QC as well as it has been to @Daisybarker123

So investors in your divorce case and the sokicitor on the other side have the upper hand above and beyond even a legal and beneficial owner of assets, it seems they have got it stitched up and can call in the loan at any time and affect the natural course of proceedings.

And yes...allegedly my mortgage lenders on different properties knew nothing of this and nor did the Land Registry!

It does beggar belief but my warning is ...if events are SO bizarre or make no sense your case could be hiding such a set up.

I am breathing very hard down the necks of the regulators and have even alerted them to breaches and irregularities they were unaware of. Hopefully it will all come out in the wash but meanwhile scrutinise your case...

I can help advise any genuinely concerned people how best to find out if their case has been affected. The loan company involved in my case says it requires consent from the other joint owner ...well it didn"t seek or get mine.

Its' earlier loans said it did not need to tell the joint owners until AFTER the loan was taken out and presumably an irrevocable mandate signed.

So the whole thing is engineered to dance around the Form E and ongoing disclosure requirements. It is a disgrace and hopefully the SRA will be striking some solicitors off as it is warranted.

OP’s posts: |
seedi Tue 11-Dec-18 00:05:35

Hidden truth I actually wonder if you should post In the feminism boards.

This is unbelievable shit.

Hiddentruth Tue 11-Dec-18 13:55:37

Hi @seedi

Yes it is unbelievable AND shit!!!!!

I am pondering my next move and ty for recognising the enormity of this.

OP’s posts: |
Daisybarker123 Tue 11-Dec-18 19:00:33

Hello,
As I self represented, I have all court documents/orders/Judgements and Judges Findings of fact. Findings of Fact is a court resume of all assets, incomes and liabilities on which will be based the final order. If a property was subject to a loan/liability then the value of this asset must be reduced by any liabilities and recorded on Findings of Fact. The value of the asset/property should be greatly reduced to account for the ever increasing loan. Court must have known about the loan as it ordered sale of family home to cover it, so this loan/liability should be recorded and accounted for in the final order.

Judges Finding of fact in my case failed to include assets, income and liabilities disclosed in court and recorded on transcripts. Court failed to acknowledge the existence of transcripts and deliberately only recorded minimal assets, income and liabilities to benefit the represented party. Therefore the court was biased and not fit for purpose, hence final order unsound. Ex then further profited from this false accounting by using same Findings of Fact for an Appeal. Therefore Aldershot court, my ex and his legal team mislead a superior court and the appeal order was based on false accounting. This appeal order was then used, (after many unlawful adjustments/orders by the then lower court Aldershot) to sell my co-owned property to a solicitor to deduct £42,000 of litigation costs from me. Meanwhile all 14 transcripts, unacknowledged, prove the entire process corrupted from the start by Aldershot.

There is no signed authority from you agreeing to the loan, no agreement from the mortgage company for a second charge and apparently no acknowledgement of loan by the court, therefore figures used for your final order must be wrong. To prove the court failed to correctly record joint finances, you need the transcripts and Findings of Fact. As far as I can ascertain your share of assets needed a housing fund as your ex devalued your property to such an extent, it could no longer cover this need.

Orders should be drafted and agreed by both parties in court and then any amendments agreed by both after the hearing and handed to court to be sealed. Orders contradict hearings, are altered and you will not be consulted - they are the only way the court can enforce what they know to be injustice. I have applied for paperwork for a judicial review from Ministry of Justice, this caused consternation so I intend submitting orders, Judgements/Judges findings of Fact for scrutiny, with transcripts in evidence.

The perpetrator and facilitator of an abuse of your rights is the court.
SRA failed to act when I advised them that ex's solicitor had colluded in his tax evasion and overcharged frequently. She would apply for a 30 minute hearing then charge for a 2 hour hearing. She also charged a grade a fee earner (£400 per hour) to drop in applications for hearings and hired a barrister for interlocutory hearings (i.e.minor hearings), when no barrister was required. All costs need to be quantified, number of calls and letters charged for far exceed those actually made. Court advised me they kept no record of how many hearings this solicitor/deputy district judge applied for, so how do they stop vexatious litigation? They don't, they accept and encourage it, listing hearings at so short notice, it fails to comply with required notice. When costs get excessive for the represented party, as the case is now out of hand, they accuse litigant of being vexatious and pass represented parties costs onto them. From the above you can see the last thing they want in evidence is the transcripts - so get them at all costs.

Hope to be of assistance and now need to ensure full exposure of this corruption as it is appalling that this is going on in our legal system

greenberet Tue 11-Dec-18 21:43:55

@Daisybarker123

What is this findings of fact you mention - I’ve never heard of it - is it a specific from that’s completed - I have the notes of judgement - so this covers figures etc but your post seems to imply there is some other info I should have

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