Divorce lump sum not paid

destress

xylophone said:

What exactly is your solicitor doing for his fees?

Has the house actually been sold?

If nor, can your solicitor not arrange for a legal charge to be be recorded?

I'm not really sure as this was all new to me and I just trusted that solicitors are somehow duty bound to help. The house hasn't been sold as far as I know. In court my barrister said that his lump sum was going to be paid to me via his pension pay out. I've no idea if he's had this. I've asked my solicitor about enforcing the court order. I've asked what form needs to be filled in and can I fill it in or does she do it. Not had an answer. I've contacted citizens advice but everywhere is closed now until new year. I just want to know how to enforce the court order but nobody seems to know

destress

Cobbler_tone said:

destress said:

Hoenir said:

xylophone said:

My solicitor has tried prompting payment via his solicitor but no success. 

Then he had better try prompting a bit harder?

You paid him to do a job which he hasn't yet completed?

The solicitor hasn't been paid from my understanding and the OP is unable to pay what is currently owed. This would explain the reluctance to do perform huge amounts of additional work now. 

I pay the solicitor and agreed monthly amount 

The solicitor should be applying (or already applied for!) court enforcement if he has breached his consent order. Then the likely output will be one of the following:

Attachment of Earnings Order: The court may order that a specified sum is deducted directly from the breaching party’s wages.
Charging Order: A debt may be secured against a property owned by the breaching party. The court can even force the sale of the property to pay the debt.
Warrant of Execution: A bailiff may be ordered to seize and sell items of value from the breaching party’s home to cover the debt.
Property Transfer: If the breach relates to property transfer, the court can sign the necessary documents on behalf of the breaching party.
Fines or Imprisonment: The court can impose fines or, in extreme cases, imprison the breaching party for contempt of court.

If he has the money then you will get it. 

His only reasonable explanation for breaching it are:

Financial Hardship: If redundancy, injury, or illness has significantly affected their ability to meet the obligations.
Unforeseen Circumstances: Situations that could not have been anticipated at the time of the agreement.

Thank you. My solicitor hasn't done any of those things. If I could find out how to do it myself then I would but nobody seems to know what form it is even

xylophone

 If I could find out how to do it myself then I would 

You will note this comment from Cobbler tone

You need to continue to pay the solicitor to chase him and then approach they will approach the court. You could write to the court yourself but it could well disappear down a black hole. You do need to be pushy with solicitors but unfortunately the bills will continue to mount up. 

You can go the complaint route as suggested by Marcon. 

https://forums.moneysavingexpert.com/discussion/comment/81112993/#Comment_81112993

Time for a formal complaint. Details will be on the website for the firm for which your solicitor works, or you can simply ring and ask for details.

destress

xylophone said:

 If I could find out how to do it myself then I would 

You will note this comment from Cobbler tone

You need to continue to pay the solicitor to chase him and then approach they will approach the court. You could write to the court yourself but it could well disappear down a black hole. You do need to be pushy with solicitors but unfortunately the bills will continue to mount up. 

You can go the complaint route as suggested by Marcon. 

https://forums.moneysavingexpert.com/discussion/comment/81112993/#Comment_81112993

Time for a formal complaint. Details will be on the website for the firm for which your solicitor works, or you can simply ring and ask for details.

Thank you. I have asked my solicitor several times how to enforce the court order. What form is it and do I fill it in or does she etc but she doesn't reply with answers. So over the new year i emailed asking for their complaints procedure. On 2nd January I actually had a reply saying that the other party's solicitor have asked for bank details to forward the lump sum. Due to the timing I'm not sure if this is another fob off and the money still hasn't arrived and I wasn't sent the complaint Procedure either but I will be putting a complaint in. I never would have dreamed how difficult and drawn out this whole process could be. I remember feeling huge relief after court December 23 and thought it was all finally over! Thank you again

LHW99

Most emails have a "delivery notification" option (or similar), and a high priority marker. Worth enabling these when you send bank details (and maybe if you need to request the complaint form again).

It may not work, because some receiving email programmes are set up never to return these notifications, but if you get lucky, it is a confirmation that the email has been opened by someone and the date / time.

It all adds to the information you can provide for your complaint.

It may be worth sending a paper copy of the complaint by recorded, or guaranteed delivery, so you get that confirmation it has been delivered too.

Good luck!