Separated, how much should I provide?

RAS

JackRS wrote: »

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.

This is correct, as said yesterday, do go over to the renting and buying and selling forum here as there are people who can give you chapter and verse.

Ames

duchy wrote: »

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 !

I was speaking for all the people who've said the same over and over throughout the thread.

I did think you were talking about exMrsJ, rather than the woman in the article, sorry for making that mistake.

RAS

G_M linked to his brilliant post on Deposits; JackRS

http://forums.moneysavingexpert.com/showpost.php?p=67759912&postcount=3

I think you want Superstrike Ltd v Rodrigues

JackRS

RAS wrote: »

G_M linked to his brilliant post on Deposits; JackRS

http://forums.moneysavingexpert.com/showpost.php?p=67759912&postcount=3

I think you want Superstrike Ltd v Rodrigues

Thanks yes it was the Superstrike Ltd v Rodrigues case that my friend spotted last year which is my defense and counter claim. I am in communication with DPS who have confirmed registration was 30/07/2013 so it would not have been possible for me to be provided with the documentation when I visited agent to collect the keys on 25/07/2013. I have requested DPS to confirm if they issued me the prescribed documentation and if so any proof. I have never seen it until Tuesday however it is possible it just didn't reach me for other reasons but if there is no evidence that they have sent it or given it to me that supports my case. Then when tenancy reverts to periodic we believe there should be another document issued to show registration of deposit.

I have written to DPS to confirm who's responsibility is it to provide me with documentation (law says landlord), however if they say that they provide it to the tenant this may go against me?

The other case that supports mine is:


http://www.pims.co.uk/Periodic_Notice_Defence_Gardner_v_McCusker

JackRS

Got the followingemail yesterday from my solicitor:

I am afraid that there is still an issue in respect of the PensionsActuary’s instructions. Her solicitors are still trying to include all of yourpension valuations when looking at the equality of pension income. I attach theletters received and letter sent for your information.

I further attach a letter received in respect of the sale of theStandard Life shares. You will see their comments in that they are asking foryou to confirm that no further assets will be used to pay off the matrimonialdebts or be disposed of until the proceedings have finished.

I will let you know as soon as the issue with the Pensions Actuary hasbeen resolved.

Attached was copies of letters between actuaries and bothsolicitors with her solicitor stating the report should be considering allcontributions made for the pension and my solicitor confirm as the originallylaid out should be calculated for both situations (1 all 2.up to separation). This correspondence will obviously cost andhas no value.

Her solicitor also stated the following:

‘We note that yourclient has sold Standard Life Shares which we understand to have been held byhim for the benefit of both parties. Wefurther understand that the ownership of these shares arose as a result of the parties’joint assets and finances. You will, weanticipate, have noted that our client referred to Standard Life Shares in herForm E.



We note that yourclient has acted unilaterally in disposing of Standard Life Shares and, whilstthese have been used to repay matrimonial liabilities, we would ask for yourconfirmation that your client will not take any further action with regard to jointassets in this way without, at least, first liaising with our client. ‘

Unfortunately I responded fairly quickly and wrote the followingto my solicitor:

‘It seems to me they are makingunnecessary communication. If they checked they would see the onlyremaining joint asset is the house (sale due for completion 27 March2015). I still have joint marital debts (family holiday) which I couldpropose be covered by the sale of the house before it is divided however I haveproposed to manage my own debts both marital and personal in the hope that theywould appreciate this gesture and agree a fair and reasonable settlement.

In terms of Pensions Actuaryreport it again seems they are trying to over complicate the request. Surely the separation point is appropriate otherwise it would be in theirinterest to delay proceedings as long as possible to maximise the current valueof my pension and so increase the total asset. I cannot allow thesecomplications to delay the actuaries report or cause a greater cost forthe report. There is only 4 weeks left effectively, I shouldn’t be incurring any costs duringrecent and forthcoming weeks considering activity was planned for hearing on 12January. This was my concern when the actuary failed to achieve reportrequired date.

In hindsight I should have waited to reply and instructedher not to respond referencing the joint asset as it’s another letter notadding value and has no real bearing on the case. I think I’ll send another email, which willcost me for her to read, instructing to not respond to this letter but maybeinclude a sentence if any future letteris required prior to the hearing.


House sale update, exchanged today, completion 27 March

RAS

JackRS wrote: »

.


House sale update, exchanged today, completion 27 March

Well at least you are getting somewhere with that side of things.

kelpie35

Oh Jack I am so pleased on the sale of the FH. At least that is one less worry for you.

I often worry if your solicitor is a friend of your ex's solicitor. She certainly is not working to help or make your life easy.

Hope the next few weeks pass quickly and there are no more hitches for you.

Take care.

JackRS

I paid the solicitor bill from end of January this morningusing the Santander card £937 for not a lot.

I have since received the last months bill which was for£553, I looked at the details and made the following complaint:

I have some questions relating to the details of thefollowing charges:

Date Fee earner activity hrs:mins Value Narrative

23 Jan2015 ********** preparation 0:36 £57 preparing bundle

3 Feb2015 ********** preparation 0:30 £47.50 preparing bundle

18 Feb 2015 ********** preparation 1:54 £180.50 preparing bundle

Total £285

I am concerned that I am being charged £285 + VAT forpreparing some bundle? It’s not clear to me what value this has added asI sent hard copy documents in triplicate of latest financial disclosure aroundthis time. Please clarify exactly what unique legal service I was gettingfor £285+VAT.

Also I note that I get charged 6 minutes to receive anemail (12 Feb) , this seems excessive when the email was in response to anemail from ********** asking me to confirm if a letter she had prepared couldbe sent, the content of my email is shown below, quite how I should be charge£16+VAT just for receiving that is beyond me.

‘Thank you******** these seem ok to me please proceed.

For you information the house sale is progressing ok witha proposed move date 27 March

Regards ********’

I look forward to receiving justification and trust Iwill not be charged additionally for this.



I was surprised to get the following reply:

Thank you for your email regarding queries on your recentinvoice from Melanie. I confirm I have met with ********** and gonethrough the queries with her.

******* has firstly confirmed that the preparation of thebundles is in readiness for the forthcoming court hearing in April. A bundle isa legal document required at court and all parties have copies of bundles ofdocuments to rely on at court. She has however looked at the timespent and has agreed to reduce this time and I have prepared a credit note inrespect of the deductions of preparing the bundle.

The email you have queried is in fact chargeable as youhave agreed to a letter to progress matters and also updated her withinformation regarding the house sale.

I enclose a copy of the credit note in respect of thedeductions of preparation time spent and this credit note now shows the newtotal owing.

I trust this is satisfactory and apologise for anyinconvenience has caused and look forward to hearing from you.

They have deducted £285 from the total bill, by removing the0:36 (£57) and 1:54 (£180.50) plus VAT. So my revised bill is now £268 for a few emails!

I’m guessing they are regretting showing the details of thecharges, I can’t be the only client looking for value for money?

kelpie35

I honestly think we are all in the wrong profession.

I hope you are well, Jack.

Only a few more weeks to go.

Take care.

nicegirl

Well done for challenging them though, Jack. Shocking charges!