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Thread: Can I change the court

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  1. #1
    nearly divorced's Avatar

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    Default Can I change the court

    I have been a member on this forum for many years and always found everyone so very kind and helpful, today I spent over an hour trying to log back in and eventually had to re-register, frustrating or what.

    Anyway, back to my new question.

    I started divorce proceedings against my wife two years ago in a court that was nowhere near to either of us, this court issued the initial Decree Nisi in my name. A few weeks later I was amazed to receive an email from her solicitor saying that he had moved the case to a new court just a few hundred yards from his office.

    Not only that, but I was now the defendant and not the petitioner.

    As I have no funds, my wife has stolen every penny of mine and our savings, this solicitor has quite frankly been taking the P**S out of me, he tries to run rings round me, he fabricates every email he sends me, some are so bad that the only factual information is the date and my name. I am reporting him to the SRA.

    The judge has allowed me because of my delicate state of health, I have had four strokes in the last four years since my wife ran off back to the UK, to attend the court via SKYPE.

    At this moment this narcissistic cheating solicitor is defying every court order by refusing to allow me access to any of my wifes information, He say that it is her, not him that does not want to share this with me.

    The judge at the first hearing seemed to be very biased towards her solicitor and would never allow me to answer any of the questions. He just kept saying things like. It is not my place to offer you advice, if you do not understand legal protocol then you must pay for advice the way your wife has done.

    But of course she is able to pay for advice from the £300,000 plus that she has stolen, leaving me to manage on my state pension of only £512 per month.

    The next hearing is the 20th August 2017. Can I change the court to try and get a fairer hearing from a judge that is not well known to her legal advisor?

    If not, can I ask that another judge and not this pompous self opinionated bigot take over the hearing.

    Both the judge and her legal advisor have all of the evidence to show what a thieving bitch she is. Bank statements, solicitors letters and notes in her own hand, so to a blind man she is as guilty as sin, but I am still being railroaded by the two of them who I firmly believe are working together to shaft me.

    Answers on the back of £50 notes will be accepted.

    Thank you for reading this far, please help.
    Gerry
    Southern Italy

  2. #2
    nearly divorced's Avatar

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    Default Re: Can I change the court

    I am really surprised that I have not had any sort of response to my problem written above, will someone please offer some advice, this site is normally so quick and helpful and I am really desperate at the moment, please help.

    Thanks
    Gerry

  3. #3
    distress's Avatar

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    Default Re: Can I change the court

    is it Southern Italy
    or you spend holidays there only

  4. #4
    warwick65's Avatar

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    Default Re: Can I change the court

    Hi Gerry
    I can't offer help but I remember reading posts by you here or elsewhere.

    If if I remember you are a uk national living in Italy

    I am sure @Kati or @Amethyst might be able to point you in the right direction.

    Just a note, however angry you are, probably not best to call her a bitch or suggest the DJ is biased or even the solicitor is a crook. Not the way to impress or influence people.

    The solicitor may may be duty bound not to divulge your ex's info to you.
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  5. #5
    Amethyst's Avatar

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    Default Re: Can I change the court

    Morning Gerry xxx

    You already have decree nisi, did you apply for the decree absolute ? - it seems your wife made an applicationto defer/stop the decree absolute ( ie stop the divorce being finalised). Do you know on what grounds she has done so ? is she asking for a financial order at all ? Do you have any assets left ?

    So we need to have an idea what this hearing is about?

    You need to separate your feelings about the Judge - and the Solicitor - you are understandably angry, but displaying it won't be helping you, it is frustrating, but you have to take a step back and look at things in perspective. The Judges all know the solicitors/reps/barristers - but Judges aren't biased ... however they can only judge what they see ( what they are presented with). If you are being 'Mr all guns blazing Mr angry pants' he is going to take against you, however justified your feelings. If you move courts, you might not have a Judge that will allow you to attend via VOIP and really, it will go the same way. So step back xxx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  6. #6
    nearly divorced's Avatar

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    Default Re: Can I change the court

    Thank you for the above replies / comments, however I can assure everyone that I really do behave under pressure, I stay calm and try very hard to answer without any anger correctly questions put to me.
    The problem is that even though I do answer factually any questions from the judge of her solicitor, they stop me from referring to original (not copies) documents I have already submitted saying things like, how do we know these are originals, you are just alleging your comments.

    I pointed out that the word alledge, is to suppose that an event or other situation, MIGHT have taken place, that I am not alledging anything, but stating FACTS, the events I am stating DID take place, they are verifiable facts.

    The problem is that her solicitor will not allow her to dispute any of the evidence I provide, because this will prove her guilt. He wants me to prove that the documents I have submitted are original, but without access to her private accounts (plural) this is impossible, especially as he is refusing to allow her to obtain copies for herself from her bank, because these would show her up for what she is and had done over many years.

    So, I am in a real catch 22 situation, they are using the law as a plaything tp protect the guilty.

    I have already registered my complaint against her solicitor with the SRA and am collecting all of his hilarious fabricated emails to send them after this case is finished.

    I do live in southern Italy full time and have a nurse in attendance during my SKYPE calls to the court to try an keep my blood pressure under control.

    If I had a solicitor, I am sure that her advisor would completely back off, I don't think going from the content of his many fabricated emails, that he could stand up to an equal fight.

    He just sees me as some numpty that was stupid enough to allow his wife to rob him blind over many years and if I am that stupid then he can say and do what he likes to me.

    Thank you all once again.
    Gerry
    in 40d blistering heat.

  7. #7
    Amethyst's Avatar

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    Default Re: Can I change the court

    What is the actual claim she has in place at the moment ? Is it for a financial order?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  8. #8
    nearly divorced's Avatar

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    Default Re: Can I change the court

    Hi Amethyst,

    Sorry for not replying sooner, but the heat here at this moment is frying everyones brains, for the first time in living memory the Italian government are issuing health warnings.

    Anyway back to your questions below.

    I applied for and was granted the decree NISI, by the time I got my wits together I received a letter from the Bristol family court to say that my case had been transferred to them and that I was now the respondent and not the petitioner.

    No one asked me at any time if I wanted this or agreed to this happening, it was just done behind my back. Fait accomple.

    I have no idea if my wife requested the divorce to be stopped.

    I have absolutely not assets except a half share in this villa which is my only home, no assets or property in the UK.

    She is trying to get me to sell it and give her half of the proceeds, but refuses to accept the present day value, that has dropped by a third from the time we bought it ten years ago

    As to the hearing in August, it is to obtain the decree absolute, I have complied with all of the requests made on me including a 38 question, questionnaire, allegedly written by my wife, she has told friends that she suggested 2 questions only, the rest were fabricated by her solicitor. I would hate to be responsable for you dying from laughing so much, so unless you make a request and accept full responability for any damage caused, I will not let you see this.

    I then returned this totally nonsense questionnaire and sent in my questions, just ten that I actually did write and its these that he will not allow her to reply to.

    I hope this helps.

    Thank you for your time.

    Many regards
    Gerry
    ================================================== ================================================== =============
    Quote Originally Posted by Amethyst View Post
    Morning Gerry xxx

    You already have decree nisi, did you apply for the decree absolute ? - it seems your wife made an applicationto defer/stop the decree absolute ( ie stop the divorce being finalised). Do you know on what grounds she has done so ? is she asking for a financial order at all ? Do you have any assets left ?

    So we need to have an idea what this hearing is about?

    You need to separate your feelings about the Judge - and the Solicitor - you are understandably angry, but displaying it won't be helping you, it is frustrating, but you have to take a step back and look at things in perspective. The Judges all know the solicitors/reps/barristers - but Judges aren't biased ... however they can only judge what they see ( what they are presented with). If you are being 'Mr all guns blazing Mr angry pants' he is going to take against you, however justified your feelings. If you move courts, you might not have a Judge that will allow you to attend via VOIP and really, it will go the same way. So step back xxx

  9. #9
    Amethyst's Avatar

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    Default Re: Can I change the court

    Oh goodness. Have you still got that letter from Bristol
    Cc ?

    It sounds like it's financial arrangements - is that mainly what the questions were about - assets / bank accounts etc?

    She owns half the property you currently live in and wants it sold, to take her half proceeds. Is it owned outright or on a mortgage ? ( sorry if you told me before) Have you already agreed to that but as the value has diminished she's arguing over current valuation ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  10. #10
    nearly divorced's Avatar

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    Exclamation Re: Can I change the court

    Hello again Amethyst,

    Re: your quote below.
    This might sound silly, but, I have no idea what her claim is or could be. I do not have any funds, she has them all. My bank account is overdrawn to £1,500 all of the time. I receive a monthly pension of £512 and some months this means that I really do have to go without food for three or four days or rely on handouts from friends for a drop of milk to have a cup of tea.

    She, over a number of years bought about ten ISAs from my account, as well as at least four private pension plans to top up her state pension. These were all during the marriage. She has actually cashed them in during the last few months, even though they were joint property and not allowed me to share any of the profits. a few years ago she cashed in one small private pension plan that I had in place, I have no idea what happened to the money. She could write my signature better than me, she had more practice.

    The Metropolitan Police fraud squad investigated her at the request of Lloyds Bank, because she had taken out a credit card in my name and gave it to her son who used it for about twelve years without my knowledge or consent. The police found that she has got numerous hidden bank accounts that she denies having and has only declared one to the family court.

    I estimate that there is an amount in the region of £300,000 still missing that she refuses to account for. I provided all of the documents to prove this to her solicitor, who I truly believe, believes every word, I do not trust solicitors and had to get on struck off many years ago for cheating me out of many thousands of pounds.

    I think this present guy that she has employed is of a similar ilk, he believes that she has this bottomless pit of gold of stolen funds and is having no qualms about helping himself to a share of it. After all it is stolen money, so why not??.

    To give you a tiny bit of background about me. I am a qualified medical hypnotherapist. This does not give me the qualification to pronounce that her legal advisor is a NARCISSIST, but during our training we were shown how to recognise this dreadful mental illness and to NEVER EVEN TRY TO WORK WITH THESE PEOPLE.

    They are dangerous and completely unpredictable, they are never wrong and will ALWAYS lie and cheat to be the best and get one over on any opponent. Just lately his emails have been becoming more and more irrational, he is getting himself into a rage because I am not reacting to his fabricated notes the way he wants me to.

    His TWITTER page has hundreds of self comments all saying the same thing. ''Look at how wonderful I am, I have done ???? again''. (my words)

    I am preparing a very short list of questions that I already have the answers to and should I be allowed to ask these or any one of them I know it will send him and my wife into a rage because they can only be answered in my favour.

    How did I get hold of all of these original documents?.

    My wife was a very concise and tidy person. She never destroyed anything, but carefully stored every document, letter, bank and mortgage letters and statements, I came across this box of stored information about a year after she had run off to be with her next victim in Bristol. I have shared a lot of this information with her legel chappie, which I now realise was pretty stupid because he now has all of the information to show how much she has stolen and hidden away. He knows she is guilty and just wants his share.

    This house that I am living in at present here in Italy, was bought from joint funds that we had both worked for, but that she had secreted away into her private account without my knowledge or consent. I do have solicitors letters sent to me, but addressed to her sons address, confirming that reimbursments from the sales of many properties that we jointly owned, would in future be paid into her private account and not our joint account.

    Nothing I have written here or in past notes are from my imagination. Every word can be backed up with original documentation and copies of her many bank statements, that clearly show some of my personal clients names as payee's transferring, my money into her account. They could only have known about this account from her, even I did not know about her private accounts, she kept this part of her life very seperate and secret.

    So, Amethyst, you now have a tiny bit more information, I now feel a full length horror novel and a creepy film coming on.

    I do hope I have answered your questions, but please feel free to ask anything that your mind desires, if you want to see any of the documents I refer to above I am more than happy to share them with you.

    Thank you again for your responses, suddenly I do not feel alone in this shark infested legal sea.

    Many regards
    Gerry

    PS,
    If you or any of the hard working team in Beagle HQ ever fancy a free holiday in this beautiful part of paradise, you are always welcome and no I am not in any way shape or form a predator, I am too bloomin old and worn out, but I do have spare rooms and can accommodate up to eight people including children, but you must like dogs, I have five, all rescued and now living and sharing happily under my roof.
    ================================================== ================================================== ===============



    ''Amethyst What is the actual claim she has in place at the moment ? Is it for a financial order? ''


    Quote Originally Posted by Amethyst View Post
    Oh goodness. Have you still got that letter from Bristol
    Cc ? **DO YOU MEAN THE ORIGINAL LETTER THAT INFORMED ME THAT MY CASE HAD BEEN HI-JACKED??
    ================================================== ==============================================
    It sounds like it's financial arrangements - is that mainly what the questions were about - assets / bank accounts etc?

    She owns half the property you currently live in and wants it sold, to take her half proceeds. Is it owned outright or on a mortgage ? ( sorry if you told me before) Have you already agreed to that but as the value has diminished she's arguing over current valuation ?

  11. #11
    nearly divorced's Avatar

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    Default Re: Can I change the court

    Hi Again Amethyst,

    Sorry I forgot in my earlier missive.

    From what I understand regarding this property in Italy.

    I am led to believe that an English court can not make any order over property on another sovereign soil. Namely of course my home here in Italy.

    I have not put up any objections to selling the property and sharing the proceeds, but she is disputing the present value and wants it to be valued as it was 4 years ago when the market was a little bit more buoyant, at her suggested price it would either not sell at all or it would sit in the estate agents windows for the next ten years, which of course would suit me perfectly.

    I have also suggested that she must pay for all of the advertising and pay towards the upkeep and maintenance. Also I have stipulated that under no conditions must her name or contact details appear anywhere on the advertising, she has lost all credibility for honest dealings, when we rented out the villa to holiday makers for a number of years, she frequently wrote to the people booking and gave them her private bank account details for them to pay her direct and by-pass the villa letting account, thus depriving me of an amount in excess, over the years of over £40,000. I do not want anything illegal or underhand going on when I am dealing with the situation.

    Sorry to write again, but I felt that a small clarification of some points was needed.

    Thank you again for you time and trouble.
    Gerry

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