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Fault in solicitors Consent order

27 replies

NotGettingAny · 23/01/2011 11:58

I purchased a consent order from Wikivorce. You give the solicitor the details of what you and ex have agreed and they turn it into a consent order.

Done.

Except Ex changed his mind and is now refusing to pay maintenance as agreed in the consent. Within 12 months you can have the order registered at court for £35 and they will make the collections. Did that 6 months ago, but the court have now come back and said that the consent is merely an agreement 'the order made is actually an agreement between parties and not part of the actual order'.

Basically the sol wrote the consent but left the bit about child maintenence above the legal wording saying 'by order' so it is unenforceable.

It's now 6 months since he's paid CM. There are arrears but I can't get them. Do I go through CSA or back to court to try and sort this. The sols are not responding to my complaint. I hope they will soon but am expecting to have to now get new sols to fight for some compensation for the failure of those sols whilst also fighting for CM. I opted for the consent order for a) a cheap option and b) an amicable divorce.

I'm tired and just feel the courts/sols are against me not helping me

OP posts:
Resolution · 24/01/2011 13:07

dbno - is the contract between the client and you, or are you acting as a referral agency? Who does the client pay the money to?

NotGettingAny · 24/01/2011 18:22

I am unable to comment further on how this issue will proceed as the Legal Ombudsman is now taking it on

OP posts:
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