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Separated, how much should I provide?

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  • mellymoo74
    mellymoo74 Posts: 6,529 Forumite
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    Jack have been lurking. Just be careful with the housing hearing.vwe had an incorrectly issued s21 payments missed off and the judge still held a notice for 12 months and we had to pay court costs.
  • Ames
    Ames Posts: 18,459 Forumite
    duchy wrote: »
    Whilst I don't agree with the meal ticket for life..... part of me wonders just what kind of earning capacity a women in her fifties with no recent useful work history would have.

    Whilst my feelings are that exMrsJ has ideas above her station as Jack's income doesn't fall into the super rich catagory and in most normal marriages women who have worked for at least part of the marriage tend to work more once the kids are older-unlike the very wealthy man who have no expectation that their wives need to work -and in some cases discourage it.

    This decision certainly can't hurt Jack's case.

    That's the point we've been making. She's had two and a half years now to retrain or get experience, and when the breakup happened she was only a few years without work.

    She's also applying for jobs that she's not qualified for and has no chance of getting - ie as a librarian.

    She may well not have much earning capacity now, but that's because of her own actions over the last few years.
    Unless I say otherwise 'you' means the general you not you specifically.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
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    Ames wrote: »
    That's the point we've been making. She's had two and a half years now to retrain or get experience, and when the breakup happened she was only a few years without work.

    She's lucky that it's a divorce they're going through - what if Jack had become disabled or had a long term illness or even died? She wouldn't have had anyone to chase for money to keep her in the manner she thinks she's entitled to.
  • duchy
    duchy Posts: 19,511 Forumite
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    edited 24 February 2015 at 9:50AM
    Ames wrote: »
    That's the point we've been making. She's had two and a half years now to retrain or get experience, and when the breakup happened she was only a few years without work.

    She's also applying for jobs that she's not qualified for and has no chance of getting - ie as a librarian.

    She may well not have much earning capacity now, but that's because of her own actions over the last few years.

    Sorry I don't think I know who "we" are. Whom are you speaking for ?

    I think you've rather missed my point however ( and yes I'm fully aware of Jack's situation as is clear from earlier in the thread). I also believe exMrsJ isn't in her fifties just yet !! :) My comment about women in their fifties wasn't aimed at exMrsJ - who *does* have useful comparatively recent work on her CV as well as some recent training - but more about the woman in the quoted court case and her ilk - who haven't worked since marriage- and a far bigger pot available. Apologies-I thought I'd made that clear !
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  • JackRS
    JackRS Posts: 1,063 Forumite
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    mellymoo74 wrote: »
    Jack have been lurking. Just be careful with the housing hearing.vwe had an incorrectly issued s21 payments missed off and the judge still held a notice for 12 months and we had to pay court costs.

    Thanks, well not sure which way it will go however the Landlord's solicitor is confident so they must believe they've a reasonable case but not sure what else I can do except go through the process and see where it leaves me?
    Regards

    JackRS
  • quidsy
    quidsy Posts: 2,181 Forumite
    You were advised not to withhold rent earlier in this thread by myself & others, it is the worse thing you can do regardless of deposit protection or not & the judge may not look upon it favorably but the worst imo is that they are told to issue correct S21 & you move out willingly at the end of the 2 months or the bailiffs will be instructed to remove you. One way or another you will probably have to move.
    I don't respond to stupid so that's why I am ignoring you.

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  • ampersand
    ampersand Posts: 9,672 Forumite
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    Jack - good morning, which it is, because at least this temporary[don't forget this] element of your life is decided after today.

    Had you not been so thrown at that time, I'm sure you would not have witheld rent, even temporarily. That fell in with 'two wrongs don't make a right', but let us hope the Judge sees you as concerned msers here do, especially with that rectified.

    This is NOT your bigger Court issue, basic though 'roof over head' is.

    Thinking of and for you at today's Hearing, regardless.
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  • duchy
    duchy Posts: 19,511 Forumite
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    Good luck Jack x
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
  • Good luck today Jack!
  • JackRS
    JackRS Posts: 1,063 Forumite
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    In summary:

    The primary claim of rent arrears was thrown out as thereare no rent arrears.

    The judge seemed to think they should have made a separate claimfor Section 21 issued 14 August. Beforethe hearing the landlords legal representative showed me the document relatingto deposit registration. It was thefirst time I’ve seen it. The judgeagreed that the section 21 would not be valid if they hadn’t issued me with thedocument within 30 days of registration. So the judge has set another hearing in 4 weeks to review their claim onsection 21 and my defense being not issued with the prescribed forms. He’s instructed them that they need topresent proof that the correct documents were served to me.

    So basically I’ve another month, if they do create someproof that the judge agrees to I’m out.

    If they cannot present proof then my counter claim also hasa very good chance.

    Also my friend believes that as the contract reverted to a periodictenancy at the end of the 12 months period I should have also been providedwith the deposit registration documents. He believes it’s a loop hole that is being amended but currently willhelp my case.

    All I ever wanted to do was stay there a bit longer and paythe fair rent, I hope to be out and inmy own place before Christmas assuming Divorce settlement is finalised soon.



    So all in all not the best outcome but not the worst….
    Regards

    JackRS
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