Separated, how much should I provide?

nicegirl

Didn't they make loads of mistakes too, it wasn't just delays? Those aren't reasonable as they took time (and therefore incurred more costs) to sort out. Definitely take it further, Jack! Nothing to lose.

JackRS

RAS wrote: »

Get the absolute and then go to the Ombudsman.

You have got a new will? And chase ex re the absolute.

Thanks I've already sent it on to the ombudsman as I have a claim number registered with them.

I have a new will in place now ensuring my ex has no claim.

I need to be careful about chasing ex for absolute as it's to no advantage to her to have it, so if I chase she'll think I need it for some reason and not progress it. Forcing me to apply for it and incurring the costs. Financial Settlement order is with the courts to approve which could take a further 4 to 8 weeks from what I've been told?

JackRS

nicegirl wrote: »

Didn't they make loads of mistakes too, it wasn't just delays? Those aren't reasonable as they took time (and therefore incurred more costs) to sort out. Definitely take it further, Jack! Nothing to lose.

Exactly! with each detailed concern I raised the basic response was that the issue was resolved but my point is it took time and emails to resolve and therefore cost to me. I'll show replies to each concern, I'll edit out names etc:


Complaint 1 – incorrect calculation for pension offsetting
I have re-considered thee-mails that went between yourself and X in respect of the pensions. I canalso see that X suggested in the e-mail of 11 August and 13 August that itmay be helpful for X and yourself to speak about the figures rather thanhave e-mail correspondence and X’s advice to you on 13 August was that theadditional £52,000 would be in respect of capitalisation of the maintenanceelements rather than an equalisation of the pensions. I do think that themistake in the letter of 11 August was one which was easily overcome and indeedon 14 August X agreed with you that the correct figure by way of pensionshare was £37,300. I do therefore think that your complaint was dealt with inthe right way by X at the time that you raised it.


Complaints 2 - poor management of actuaries report
I refer you to Xs’ letter of29 December 2014. The sequence of events in respect of the actuaries report isas follows:-

1) X wrote you on 19November 2014 asking for your instructions on ex Mrs JackRS proposals thatpensions actuaries report be commissioned.

2) On 30 November 2014, youe-mailed x to confirm your agreement to the preparation of that report andthat you would bar half the costs.

3) X then sent on 3 December2014 the draft letter to ex Mrs JackRS solicitor and that letter of instruction was sent to thepensions actuary on 10 December 2014. X had already e-mailed you on 5 Decemberwith the preparatory work for the Financial Dispute Resolution.

The pensions actuary wasthen unable to complete their report. In some cases, the pensions actuary wouldhave been able to turn around the report in a very tight timescale. We didadvise Actuaries for Lawyers of the timescales but they were not able tocomplete the report within that very tight timeframe. I do think that theletter was sent within a reasonable period and the delay caused by the pensionsreport not being available was outside of our control.

Having now spoken toCounsel's Clerk, I understand that Mr D’s fee would have been higher than the£600 plus VAT and actually would have been in the region of £1000 plus VAT.

In addition there was atypographical error and I do apologise for this. The pensions actuary will havelooked at the figures in any event as they were sent all of the relevantdocumentation.

Complaint 3 – CSA not included in draft settlement proposal
Child maintenance is paideven if it is not included in the Court Order. Some clients wish for the childmaintenance to be particularised and when you did raise the issue, it was thenincluded in the draft letter. I can see from the correspondence that there wasa lot of work that needed doing in relation to adjourning the hearing andensuring the pensions actuary had all the relevant documentation. It is alsonoted in X’s e-mail to you of 21 January that Mr T’s fee is similar to Mr D.This is particularly important in relation to your complaint number 2.

Complaint 4 - unnecessary creation of the house value estimate
I have checked your file andcan see that on 17 December you did tell X that you had accepted an offer of£297,000 in respect of the former home. I can't see that it was confirmedanywhere in the paperwork that you had exchanged contracts and therefore it mayhave been that X did not have knowledge that the sale was actually going ahead.You will appreciate that some three months had passed between your e-mail of 17December and X’s preparation for the FDR on 24 March. In any case, I understandthere our Billing Clerk did reduce your bill and take this into account andcredit you for the time spent on obtaining the valuation.

Complaints 5 - excessive charges preparation
I understand that youaccepted a reduction in your bill and therefore I am not going to take any otheraction in respect of this complaint.

Complaint 6 - delay in issuing settlement proposal from FDR
I refer to your terms andconditions of business in which we set out our service standards. We aim todeal with all correspondence received within three days of receipt. I noticethat the 17 April was in fact a Friday and X had amended your letter and sentit to you by Monday morning at 9.10am. There is sometimes a delay in lettersbeing agreed and sent out. Your settlement proposals must be absolutely correctbefore we send them. Sometimes that takes a little time and I do consider thatyour e-mails were actioned within a good amount of time.

Complaints 7 – errors in summarising the effect/differences of thecounter offer
I can see that in X's e-mailof 7 May, she has explained to you the rationale behind ex Mrs JackRS revisedoffer. It was not that the proposal would make you £23,400 worth off formaintenance and £6,600 worse off for the car, but that your wife had seemed toadd up those figures and add them to the capital. I understand your approachwas that you wanted to keep as much of the capital as possible. I am sorry ifthe phrasing of X’s letter confused you.

Complaint 8 – delays in passing on counterproposals
I do apologise for the delayin X being able to send out the ex Mrs JackRS solicitor letter dated 21 May. Itmust have been an extremely busy time in the office especially around the BankHoliday period.

Complaint 9 - incorrectly advising that an alternative offer considered50-50 share of house proceeds
I do consider that X wassuggesting that you could go back to ex Mrs JackRS solicitor and offersomething that had not previously been on the table. I do not think that thealternative was reference to ex Mrs JackRS solicitor letter but more by way ofproposing a different settlement to try to persuade ex Mrs JackRS to reach anagreement with you.

Complaint 10 – unnecessary e-mail
X had already dictated thee-mail to you confirming the outcome of your telephone conversation with her.The e-mail had already been prepared before your further e-mail and telephoneconversation with X and therefore the work had already been done beforeyou got in contact again.

Complaint 11 – delay in issuing revised offer letter
Again, X met the threeworking day service standard. The letter was sent on Wednesday 10 June.

[FONT=Tahoma,Tahoma][FONT=Tahoma,Tahoma][/FONT][/FONT]

Gigervamp

Complaint 8 sounds like "Oops, sorry, guess the office was busy then."

Let's hope the ombudsman doesn't have such a laissez-faire attitude.

ampersand

Jack - I'm laughing aloud:
http://www.bbc.co.uk/programmes/b039d4bn

and for matching dessert:
http://www.theguardian.com/travel/2015/aug/14/british-holiday-pictures-rain-raining-rained

inc. these - http://www.theguardian.com/uk-news/gallery/2015/jul/28/your-underwhelming-uk-holiday-photographs

and https://witness.theguardian.com/assignment/55b6038de4b0a4260de253c7
#
Happy weekend Jack:-)

JackRS

agreed with the Landlord to take the final months rent from the deposit. Today I have received the balance into my account so the rental episode is finally concluded.

Been working on the new place this weekend painting the kitchen, everywhere I look there's something needs doing and it's difficult not to be distracted but trying to focus on one room at the time....

kelpie35

I am pleased that rental episode has finally ended. At least you might have a few coppers to throw at the decoration of your new home.

You have come a long way on this journey Jack.

Just take your time, finish one room at a time. You will get there.

Take care.

harrys_nan

life can (and will) only get better from now.
Look after yourself Jack, you have been on a horrible journey, but like most things it has come to the end of that one. Onwards and upwards from now,x

summerof0763

Hi jack not had internet since beginning of july and saw your news here what a lot been hapoening.
I am glad you have finally got your own house but take it easy and dont burn yourself out.
I wish I could meet a guy like you seriously you are amazing, not many guys would have put up with everything you have.
I wish you all the best for the future and if you fancy moving here in future let me know lol all the best xxxx

JackRS

summerof0763 wrote: »

Hi jack not had internet since beginning of july and saw your news here what a lot been hapoening.
I am glad you have finally got your own house but take it easy and dont burn yourself out.
I wish I could meet a guy like you seriously you are amazing, not many guys would have put up with everything you have.
I wish you all the best for the future and if you fancy moving here in future let me know lol all the best xxxx

Very kind of you to say, thank you. Where's here?