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The mortgage company need to know about the court application. What is she asking for? Does she want you to pay the mortgage? I'm not sure she will get legal aid because there is a non mol against you. It will still depend on her income. What exactly does she want? It should be detailed in the FL401. How did the hearing go?
@champagne
So I went to court, obviously I was litigate in person. Ex wife's solicitor asked me to take an undertaking or admit to the allegations, I told him "walk on mate, I shall be contesting the allegations" he was actually shocked. So I went in front of the judge, his first words were to my ex wife's solicitor why hasn't the financial side been sorted out? Then the judge basically said I am throwing out the occupancy order. After that the judge asked me to reply to the allegations, I asked "sir these allegations are all false, her last allegation on the application, she said she was going to work at 8:30pm and that I was following her, that is a lie Sir as I was at work that day from 14:00 -22:00 and can verify that"
After that the judge just said "Right Mr Puna, I want you to write a written statement, and have it sent to the court and one copy to your ex wife's solicitor, within 14 days"
What a nightmare honestly! I will inform the mortgage company about the order. I think she is trying to not let me see my boy, as I have heard he wants to see me. I will now reapply for a child arrangements order, she won't negotiate on the family home or other arrangements as she was hoping that I would just give her the home. She took wrong advice from people, in the end she will have to negotiate with me.
4 years she's been lying cheating and wasting time, she's just digging a bigger hole for herself.
Sorry its such a time consuming and lengthy process. Hopefully you can manage to write the statement? Just follow the same template that your ex used in hers. Keep it simple and to the facts.
@champagne just to give you update, my hearing is tomorrow morning at 10:00am. I got the court bundle from my ex wife's solicitor last week, I have some evidence, it's a online hearing and final hearing, can I show the evidence on the day. As I forgot to send it to the courts, man all this stuff has made my head spin.
@nickpuna hi. If you have any outstanding statements or evidence, should email to court ASAP
@bill337 Hi, I have emailed the courts and will have a copy with me, tbh it's basically her making allegations without any evidence. All she has is a position statement, I too have a counter position statement, but I made a slight mistake of not sending my evidence to the court on time, so I asked a lawyer, he said it should normally be with the court bundle, then he said just take the evidence with you on the day. Trouble is the hearing is online, I will show my evidence online and have sent copies to the court, I just get the feeling the judge has made up his mind, as we went from 1st hearing straight to final hearing online.
There's always a lot of paperwork. The court is usually reasonable about accepting late information. Ask if the court has received it before the hearing and explain why it wasn't sent before
@champagne Hi, thank you for the reply. Unfortunately the hearing is 10:00am tomorrow, will see what happens, I did send in the evidence but it was to family.oxford.countycourt@justice.gov.uk
Should have been to
Enquiries.oxford.countycourt@justice.gov.uk
I think they have the evidence as I was told to send in my email and phone number, I sent it to
family.oxford.countycourt@justice.gov.uk and they acknowledged my personal email and phone number.
Let us know how you get on. What is your situation with seeing your child?
- @bill337 will do, as for my son I was ordered to complete a dapp course or Respect accredited course, couldn’t get on to the course due to waiting list. I haven't seen my son in four years, I will reapply for a C100 he's 12 now, if he wants to see me or otherwise, that will be his decision. I was homeless and just getting myself back together, for ex its all about finances and family home.
Ok guys, so I had my hearing. The judge said my ex wife had no evidence and a flimsy position statement at best, basically he didn't believe a word. Then he says to me "Mr Puna can you take a six months undertaking" I told him "Can I take a Cross undertaking, as my ex wife keeps phoning the police and making false allegations" the judge refused as the police he said "have never followed up her allegations" so I told the judge "if you grant her an undertaking she will get legal Aid for financial remedy, that's her whole game" he then urged me to take an undertaking again I then accepted it.
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