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Relief from sanctions granted but I still need representation and have no money. My home is at risk and I am a single mother of twins, age 10

4 replies

AngelaKennedy · 19/03/2024 14:12

Is there anyone out there that can offer me legal representation? I have been granted 'relief from sanctions' because I failed to file my witness statement on time and I satisfied the 'denton test' to be given 8 weeks 'relief from sanctions'. I have reached out to many charities but as I work full time, it appears I don't meet alot of the criteria.

I know many people on here are barristers, lawyers and solicitors and I really need assistance. My witness statement and evidence is comprehensive but I can't continue being a litigant in person. Rights of Women are not the right focus and I have left a message for Mary Ward but again, I don't feel I'm quite their criteria. I have also reached out to We Are Advocate but they don't seem that engaging and haven't even said if they can or not represent me, even though I do seem to have a case worker.

in a nutshell

My home is at risk. I signed a Tomlin Order which I need 'set aside', I want to prove it was signed under duress. The Duress is from my ex partner who ran a company that I was also a Director of, although I had nothing to do with the company and was never allowed to resign. I have been granted relief from sanctions at a recent hearing, which will give me another 6 weeks to submit my witness statement and evidence. I need representation at my next hearing and I have no money. My ex partner is also the father of my two children and he has financially and emotionally abused me for a long time, gaining coercive control which resulted in me signing a tomlin order to pay £1805 a month towards a directors debt. My ex seems to have walked away from the situation, putting my home is at risk and I am a single mother with twins, age 10. Can you help? I need legal representation.

My strategy is to prove:

  1. Duress that has spanned 10 years. Financial, emotional & threatening stuff. To get Tomlin Order set aside
  2. To show claimants 'breach of conduct' when I reached out saying I was suffering mentally (coercive control from defendant 1 - father of my children) which was ignored
  3. I should have been listed as a creditor in the liquidation report.
OP posts:
vodkaredbullgirl · 19/03/2024 14:22

Blimey this has been going on for a long time.

MyGooseisTotallyLoose · 19/03/2024 18:31

Why is it just you who needs to pay and for how long?

AngelaKennedy · 19/03/2024 21:57

@MyGooseisTotallyLoose I am defendant 2 and defendant 1 is also on the tomlin order to pay, the amount was / is £1805 a month for a period of 36 consecutive months. defendant 1 pad the first 2 instalments and I paid the next 5. The director debts were roughly £10k against my name and £55k to defendant 1 (according to a liquidation). I was never an active director or employee of the company, I have worked PAYE for other companies all my life and took me 5 years to get defendant 1 out of my personal life. Defendant 1 declared himself homeless, yet still drives a Range Rover and runs another business and has a history of taking peoples money .. as he has done with me. anyway, that's the summary. it has put my flat at risk and I don't have representation even though I have reached out to what feels like a plethora of charities .. We are Advocate have a case open for me but it feels like they're less than engaging.

OP posts:
AngelaKennedy · 20/08/2024 11:48

Hi all , including @MyGooseisTotallyLoose and @@vodkaredbullgirl...

just a quick update. I went to court twice as you might know. I then submitted, albeit it took me a long time a 126 page witness statement throwing everyone under the bus. I had help from a solicitor, a litigation lawyer and a barrister provided to me by a charity. I ended up settling out of court for a fraction of the debt and signed a side agreement that leaves defendant 2 (ex) liable for the remaining debt. I have settled my obligations under the Tomlin Order, and therefore, I am no longer liable for the claim or the remaining amount.

I settled out of court to regain my freedom from defendant 2 who was kept out of the process. My ex, who is defendant 2 in this case is still being arrogant with messages of harassment, using child maintenance as a weaponing tool towards me, but my status even if broke having settled out of court is far better than it has been for the previous 9 years - the abuse continues but without a liquidation case being the bargaining power.

Just thought I would give you all the update.

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