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Legal matters

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Legal Ombudsman

7 replies

OmbudsmanAdvice · 13/07/2011 08:25

I'm not really expecting resident sols to love me for this...

I complained to LO about online law company's consent order. Child maintenance was included as a recital rather than part of the order.

I requested 'all' to be in order and anticipated this. Didn't appreciate it wasn't, until he stopped paying.

LO agrees sol should have made me aware they had not included it. Does not agree they should compensate me for the loss caused by lack of payment and inability to register order.

My questions are 1) is this reasonable? 2)Do most sols include CM in first consent order at point of divorce? (I know it 'lasts' only 12 months). I thought CMEC were advising CO used now to settle CM?

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bringinghomethebacon · 13/07/2011 10:04

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OmbudsmanAdvice · 13/07/2011 19:22

Thank you bhtb

I was under the impression that most sols would put it under the main body. You have added to that impression.

I will be going to local sol and taking this further

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babybarrister · 13/07/2011 20:23

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OmbudsmanAdvice · 13/07/2011 20:59

Interestingly I can start to believe it because I went to the court and asked for help. I was advised to register the order and spent 7 months in that whole process, attended court etc before the error was realised!

It had become apparent that I would not see money for a long time.... if at all. CSA was much faster but I had lost 6-7 months worth of payments.

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bringinghomethebacon · 13/07/2011 21:37

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bringinghomethebacon · 13/07/2011 21:41

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OmbudsmanAdvice · 13/07/2011 22:23

bhtb - I hope you'll appreciate I cannot discuss certain specifics (In fact I don't know what specifics I can discuss?) but the LO opinion is not something I think I can discuss. I wish I could because I'd love some advice.

You are correct in assuming the delay added to the costs. This loss remains mine.

I appreciate your comments re sols. I used an online service because of the appeal of a fixed price and because at that time we had an amicable agreement. I did not wish either of us to be encouraged to enter into arguing over what was a very small pot. Friends have spent nearly the size of my share of the pot on their legal costs during divorce. I feared involving a sol tbh. I had to, to get the consent order drafted. It was straightforward (I thought)

The key issue is whether the CM should be in the main body and what might have happened if it had been.

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