Non compliance

Hi, will keep brief as possible (is it ever brief!!!)
Background....Acting as litigant in person, after fdr had directions order from court, thats nearly 4 months ago now. Respondant not submitted anything ordered by the court despite me contacting his solicitor so i made court aware of this by email and its been logged apparently, they told me to do the best I can.

We're due to make Without Predjudice offers this week and suddenly the respondants solicitor makes contact, sends the missing paperwork as stated on the court order and said they need to speak to respondant regarding the rest of the court ordered directions. As yet no further communication. So my questions are -

1) Can i still do a questionnaire? My previous solicitor has missed stuff that should have been requested at the previous FDR so vital statements are still missing but in fairness they weren't ever requested. Only come to light now I've received the missing paperwork and gone through all the combined paperwork myself.

2) Should i still make a Without Prejudice offer so I'm not breaching the court order myself but as i don't have all the relevant information would that be incorrect and almost be contradictory.

3) As I still haven't got all the respondants financial position I plan to bring it to the attention of the court but do I have to send just an email explanation or do I have to send a D11 form.

4) If its a D11 what order am I asking for as yes it can be ordered to be produced but equally with such a breach should it be as simple as that.This is all the directions ignored for months.

5) Depending on what order where do I find the required fee

There may be other things I'm not thinking of here but I can't get an appointment with Citizens advice and its too complicated to fall into a solicitors free advice category and I have complety run out of money to get a solicitor to act for me anymore.

Any help would be so gratefully appreciated, thank you.

Presumably it is FDA you've had and the next hearing should be FDR at which offers are discussed and settlement can be reached by agreement.

If the documents that have now been produced raise further questions that may be relevant to settlement, you need to raise them really. What did the court order say about further questions??

How far away is the next hearing? If it is close and you don't think it can be fruitful because of missing disclosure you may need an application for directions. The hearing can be a directions hearing at which the judge will set out, in an order, what needs to be done and when. You could ask for permission to raise further questions so there's no doubt about it.

As far as a WP offer goes, you may only be able to deal with principles rather than details if key information is missing.

We do offer free 20 minute consultations and low cost support for LIPs.

Hadenoughnow

Hi, what was the FDA was turned into an FDR that i wasn't expecting. We were given an hour to negotiate. The other party offered nothing and as I refused to negotiate without their full disclosure it was set to a final hearing of which we are still waiting for court to set a date. Further directions ordered with deadline dates were -

Produce missing bank statements (these are what have been sent now but solicitor missed requesting some of)

RICS valuation (we've already had 8 estate agents so I personally think unnessacary)

Mortgage capacity reports

Submit 6 properties each deem suitable for themselves and the other party (I submitted for myself but couldn't do the other party as no info to go on so could only assume their housing were met?...this is where court said to just do my best)

WP offers (stage we are at now)

Round table meeting

Procedures required (bundle etc) corresponding to when we get the court date

Final hearing

Thank you for taking the time to reply, such a stressful time

Hi, what was the FDA was turned into an FDR that i wasn't expecting. We were given an hour to negotiate. The other party offered nothing and as I refused to negotiate without their full disclosure it was set to a final hearing of which we are still waiting for court to set a date. Further directions ordered with deadline dates were -

Produce missing bank statements (these are what have been sent now but solicitor missed requesting some of)

RICS valuation (we've already had 8 estate agents so I personally think unnessacary)

Mortgage capacity reports

Submit 6 properties each deem suitable for themselves and the other party (I submitted for myself but couldn't do the other party as no info to go on so could only assume their housing were met?...this is where court said to just do my best)

WP offers (stage we are at now)

Round table meeting

Procedures required (bundle etc) corresponding to when we get the court date

Final hearing

Thank you for taking the time to reply, such a stressful time

Hi, what was the FDA was turned into an FDR that i wasn't expecting. We were given an hour to negotiate. The other party offered nothing and as I refused to negotiate without their full disclosure it was set to a final hearing of which we are still waiting for court to set a date. Further directions ordered with deadline dates were -

Produce missing bank statements (these are what have been sent now but solicitor missed requesting some of)

RICS valuation (we've already had 8 estate agents so I personally think unnessacary)

Mortgage capacity reports

Submit 6 properties each deem suitable for themselves and the other party (I submitted for myself but couldn't do the other party as no info to go on so could only assume their housing were met?...this is where court said to just do my best)

WP offers (stage we are at now)

Round table meeting

Procedures required (bundle etc) corresponding to when we get the court date

Final hearing

Thank you for taking the time to reply, such a stressful time

Hi Blueshies90,
Any update on this?I am somewhere in a similar situation and Final hearing closeby with so many missing assets from the applicant.Have you submitted the FormD11.
I dont want to go ahed with final hearing but wants to be a directions hearing.I am LIP and other person is represented.Worried he will make cost order if the two day final hearing adjourns.

Hi Mumin, i submitted a form, no idea if I've done the right thing as I'm worried they'll see me in a bad light now but they have rung to take payment so hopeful it might work out OK. I figured things can't be much worse so what have I got to loose apart from my house, life, money, sanity lol
Surely if it adjoins its there fault? I'm finding the law a very peculiar thing and so hard to understand. I'm am absolutely terrified of the final hearing.
I think as a litigant you can only trust your gut feeling on decisions. I might say different once I know the outcome but my advice would be do whatever it takes, if you don't have the info then how can you agree to a settlement, that's got to be just common sense, surely and that's what made me submit my form. I think we just think they will automatically win but its probably because we've been battered to the ground and I don't know about you but sleep these days seems to have been replaced with an all night worry session instead and that doesn't help when you're making monumental decisions.