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Im being taken to court but cant afford it

  • Just_Jack
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09 Jul 08 #31798 by Just_Jack
Topic started by Just_Jack
Sorry for being repeating myself but I cant open my previous mailing

Im £18k in debt have £2k solicitor bill and my ex is taking me to court for her solicitor fees - she made a change to our agreement and I argued it but as Im remarried and crossed out any claim I cant claim against them

So now as I said Im being taken to court, I have comepleted form E, can they make me pay even though it would put me further in debt

  • dawn1
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09 Jul 08 #31812 by dawn1
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as you are being taken to court for Ancillary Relief, the courts hardly ever award costs it is only on divorce that you pay the other parties costs unless you agree otherwise.
dont know if there is anything on your agreement regarding her taking you back to court and you paying associated costs etc and you havent put any thing down.
but if their was an agreement regarding costs then yes you will have to pay them.
kind regards
dawn

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09 Jul 08 #31814 by Just_Jack
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The agreement stated that we would pay our own cost's, but as I said she is taking me to court as I had to double check the change to the agreement with my solicitor (cost 2k), I was stupid and her solicitor drew up the divorce paperwork so crossed out any claim I can make so I cant contest the agreement, She sits on a profit of 100k I have all the debt....

I just hope that the court see this but she believes that they will make me pay, and her solicitor kept saying we wont go to court if you pay... I said no....

I take it the court wouldnt say, sorry jack for what she has put you through... here you should have had x amount... ex mrs jack you pay him x amount

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10 Jul 08 #31935 by dawn1
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Hi, you can always tell the court that you did not have legal representation when you signed the agreement that her solicitor drew up and didnt understand the implications of it. the court might look at it again. you never know.
kind regards
dawn

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11 Jul 08 #32116 by D L
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Hi there

If you didnt have legal advice at the time of the agreement it is unlikely to stand up.

Secondly I am not understanding what you crossed out where, unless you mean the prayer on the petition? In any event, you can ask the court for leave to apply for ancillary relief if you have done that, and it is usually granted.

I strongly suggest you get a free half hour so someone can go through this with you.

Amanda

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