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

[Hiddentruth]

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.

Hello
Don't think you got my last post. Judges Findings of Fact is as it says - it is completed by the court based on disclosure on Form E and at hearings and used to make final judgement and then final order.

Judges Findings of Fact for my case confirms how the court violates rules on impartiality to favour represented party. Despite over 500 pages of transcript, I provided, confirming all assets/income and liabilities, court only recorded assets and those court recorded confirm he excluded £300,000 assets belonging to ex, despite having the evidence. He failed to record ex's three incomes (earning over £100,000 net per annum) and did not record the fact I had no income. He failed to record ex's private pension and did not record fact I had no private pension. He failed to record I had supplied transcripts in evidence in his Judgement to avoid providing the very evidence that proved his Judges Findings of Fact favoured the represented party, so were not fit for purpose. Therefore he abused my right to fair hearings which is in contravention of Human Rights act.

Ex then used these false figures, to apply for an appeal, which found in his favour an extra sum of £115,000, Appeal court misled over the fact that Aldershot court had failed to record e'x assets valued at over £300,000. Therefore Aldershot court perverted the course of justice, court knew there was an appeal but allowed this to go ahead on false evidence, which confirmed court's non-disclosure. Court also falsely blamed me for litigation misconduct, (ex and his legal team guilty of this, as confirmed on transcripts) this prejudiced me at the appeal court and High court.

After appeal, to further benefit from this partisan court, ex applied back to Aldershot to get his settlement further increased by unlawful hearings followed by costs orders against me and unlawful orders which abused my right to purchase or sell my property. Court knew ex's solicitor, Constantine and Summers, were not fit to act as joint conveyancer yet he colluded with them in a sale of my co-owned property, to a solicitor. (transcripts still not acknowledged by court or Constantine and Summers)

I warn everyone to keep out of this court and what to expect if Constantine and Summers apply to this court. The judge involved is District Judge R James, who will be expecting a state pension funded by those tax payers who I believe has been routinely defrauding as litigants in person, to fund members of the legal profession, by sealing unlawful orders. This he has been doing since 2011 according to records on internet.

Daisy, I think you should be careful about naming people/firms publicly when making your allegations. I'd hate you to end up with more legal trouble.

@Daisybarker123 - thankyou - I definitely have not seen one of these - I got the note of judgement from the other side - maybe need tofind out if there was one or should have been one.

Hello,
Thank you very much for your concern MrsWobble3. Constantine and Summers appointed themselves to act as joint conveyancer in a sale of co-owned property, which I advised was not for sale as I offered the full asking price. They then went ahead and sold the property undervalued to a solicitor, applying to D J James to sign transfer documents in place of me. I believe I have every right to expose my own conveyancer, who was paid by me, whilst acting as solicitor for my adversary, and was appointed by an Appeal court to act as joint conveyancer but obviously didn't. This is a proven conflict of interests. Unless we have the courage to name and shame, the legal profession continue to abuse and enforce unlawful orders safe from exposure in a family court. I have stated the above in correspondence both to the court and conveyancer and demanded I be reimbursed me with my adversaries litigation costs, incurred whilst my own conveyancer stopped me from buying my own property. As the property transfer was fraudulent, I have advised both that I intend making a statement to the Police. They know I can prove the above. I want to warn others of how a solicitor/conveyancer/court collude to transfer an asset undervalued to another solicitor as I want to spare other victims the trauma of being defrauded and facing their future financially challenged.
All the best

@DaisyBarker123

You have raised good points about conflict of interests.

I am still of the belief that your story suggests there was a litigation loan undeclared to you being operated by the other side. What you describe on the conveyancing fits this formula because this product requires that the solicitor for the party with such a loan has control of the sale because they (the operating solicitors) have made terms to assign proceeds of sale to the loan company that the loan will be repaid by them. They are promising to earmark and get control of that money from YOUR jointly owned property.

This raises massive issues about conflict of interests and nature of the conveyancing being done.

My own case saw conveyancing being done without any contract for the conveyancing being evidenced. Conveyancing is a legal process. There were 2 joint legal owners and restriction on the title deeds plus property held jointly as tenants in common. But there was no contract existing with the conveyancer and the legal owners. So same as you, the conveyancing not done under any contractual duty of care to me.

Like you I was charged for this because the conveyancing solicitor was solicitor for my now ex which was ridiculous!!! However it was the Judge that ordered at Final Hearing that they were to be the conveyancing solicitor for us both which, given that the litigation loan situation was wholly hidden at this time, I believed they would surely have to act properly!

But 3 months after final hearing the Judge made a second suspect supplementary order kicking me off the selling process but it omitted to say anything about the conveyancing itself so we then had 2 orders that contradicted eachother. All explainable now and down to this damned litigation loan!!! It serves to demolish any proper construct of due process.

So my valuable property was not only blatantly mismarketed but conveyed without proper paperwork so much so that the Land Registry scratched their heads for 9 months over it and much debate was had. They did not like the paperwork they were seeing....

I absolutely agree we should not pay to be stolen from as that is what this is. By saying you wanted to buy your property...well so did your ex most likely too and the conveyance to a known third party is highly likely here such is the network behind these consortiums.

From then who knows what has happened but your worst fears are quite possible. This is literally daylight robbery. Divorce proceeding properties are not getting to reach a true open market audience and deals are being done.

The underselling is strategic. Sold for more very likely than is declared, loan taken off the top before monies released for redivision via the conveyancing solicitor (if you can call them that) and so what you see on your completion statement is not the true amounts.

Don't hesitate, report to action fraud/police if you believe a financial crime has occurred.

This behaviour is wholly unacceptable. I imagine there was likely only a TR1 ever used in this transaction and that it has been done as a transfer of equity transaction and not a true sale which is a more demanding and rigorous transactional process.

My question for @Xenia is what happens when a court has colluded in a lie and the barristers and solicitors carrying out this scandal?

Do we reasonably expect them to self-regulate and send themselves to prison?!!!!

Time will tell...

@greenberet
@DaisyBarker123

Never had a Judges Findings of Fact either. Sounds like mine would have been an interesting read if they had done one!