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Do i have to send a copy of D11 to his solicitor?

13 replies

JKM66 · 18/12/2023 18:16

Please helps. I can not afford a layer but he can. We had a hearing in January for an occupation order (on the same date the non-molestation order expires). I had to withdraw, as his solicitor has threaten me that my case is weak and I will loose and will have to pay his fees. As i have no saving and do not want to get into debts i had to withdraw.
I submitted D11 to withdraw and had to his solicitor know as she keeps sending threatening emails. Now she said that i have to give her a copy as the court would want me to send everything to her.
Is this true? I didn't submit any other documents, just the D11 form. I am not sure if she is entitled to it. I do not want ot be see weak on her eyes and abide with everything she says.
Please help if you know anything. I would be very grateful.

OP posts:
OhhhhhhhhBiscuits · 18/12/2023 18:17

Why are you listening to his solicitor? Of course she is going to say your case is weak she works for your ex!

HappyHamsters · 18/12/2023 18:23

Are you entitled to legal aid. What sort of threatening emails is she sending.

JKM66 · 18/12/2023 18:30

Unfortunately I am not entitled to legal aid as i work 4 days per week. She is saying that I should withdraw the case as it is prehistoric - i still lived with him for so many years as i have a non-mol is not happening now. My case is weak and i will definitely loose and she will ask for her cost to be paid by me if i loose as i have been warned.

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JKM66 · 18/12/2023 18:33

The thing is I was told by another solicitor on line that even if i win these orders are temporary and it is not worth pursuing. I was advised to sort this out via financial order which i submitted for A to the court last week.

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SquishyGloopyBum · 18/12/2023 21:46

Do not listen to her.

Can you get any legal advice from a charity?

JKM66 · 18/12/2023 22:17

I haven't been able to so far.

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SquishyGloopyBum · 18/12/2023 22:26

Can you try women's aid?

You got a non-mol order. That's hard work and good going.

Do not believe her when she says you have no chance. Please op.

JKM66 · 19/12/2023 10:40

Thank you so much for your time. I tried woman's aid but they do not give legal advice.

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SquishyGloopyBum · 19/12/2023 10:50

They might be able to signpost you to some though? Or any local women's charities?

Do not listen to this solicitor op, they aren't acting in your best interests.

They are using the threat of costs to scare you. And it's working.

If you had a non-mol order already, that shows there is issues.

Xenia · 19/12/2023 11:20

Generally every document sent to the court is sent to the other side in most English litigation so be fair so everyone sees it all. There may be cases of secrecy eg if someone is going to be hurt by the other person but we do usually have open justice.

If you have already sent the form D11 to the court the solicitor may be able to get it from the court anyway. D11 seems to be a form applying for an interim order rather than withdrawing an application. In most litigation if you apply to the court for something it has to go to the other side too and if later you withdraw it you also notify the other side and copy them on your correspondence with the court and forms.

Is there anything untrue or secret on the D11 you would not want them to see?

The advice you say you had to not to have lots of applications going sounds fairly wise and you do not want to have to pay the other side's costs if you lose an application but do think carefully about which are your most important aims and applications.

JKM66 · 19/12/2023 16:12

Thank you so much for your advice and time. It is not the D11 (i am so sorry I got my wired crossed - menopause brain) is FL403.
Now his solicitor is saying that Fl403 is not the correct form and because i said on the statement that i was threaten by her the hearing will not be cancelled and i will end up paying her cost if i don't get a solicitor urgently.
She is not listening that i can not afford one. I want to wait for the court to respond. If the judge decides to go ahead with the hearing then i will go along with it.

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JustAnotherLawyer2 · 20/12/2023 18:46

As others have said, why are you listening to the opponent's solicitor? They act for him, not you.

The likelihood of you having to pay his costs is not particularly high, unless you have been unreasonable in your application or made false claims.

Proceed with the hearing, and let a judge decide.

NCDV.org.uk are a charity - they may be able to offer support.

JKM66 · 21/12/2023 09:35

Thank you so much. I really appreciate your advice and time. You have given me strength.

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