Thank you both for taking the time to respond.
After a 3 year
battle I am not in a financial position to continue litigation. I have
debts of over £10k and have no wish to add to them further.
At
the
FDA all questions relating to non disclosure were
upheld by the judge. The judge ordered that my stbx disclose confirmation
of the mortgage offer on his house and establish how the £50 deposit was
paid. The judge ordered that he obtain a letter from the HSBC bank to say
that he has never had a savings account with them both now and in the past.
Judge ordered that his Egg (now Barclays) credit card statements be
disclosed. The company my stbx runs and generates income from, but that
his new partner's company generates the invoice and handles the billing and
payments. Large sums of money had been transferred from his account to an
anonymous bank account and so on, the list was endless.
I had
provided both sols and the judge with the HSBC bank sort code and account
number, and a letter from our IFA backing up this account. Details on the
new house they purchased, the Egg CC details, and countless amounts of
evidence regarding the business.
All we got back was a faded,
photo-copied, tippexed out mortgage application, most of the information
was blanked out. STBX continued to say he did not have a HSBC account...no
letter. The Egg CC statements came from an account with an entirely
different account number to the one we requested..... so now there are 2 x
Egg accounts and more questions. STBX said he just plays at running a
business and the website with prices and
contact details are just
for fun. The only response we got for the large sums of money being
transferred was that it was a gift to a family friend.... yet he leaves his
wife and child homeless!!!!!
In agreeing the settlement figure I
am prepared to leave all of the above behind as it seems to make no
difference anyway. STBX just denies it and no-one challenges him. It
seems to be that easy. His sols accepts his every word, even though on his
original
Form E he denied co-habiting and
in a relationship, he ticked N/A to the question, 'Do you own property or
have a share in property'. How can anyone be believed when they blatantly
lie like this. In his second Form E (2 months later) he suddenly admits
that he is co-habiting and owns a property. Can there be any doubt that
the man is a complete liar, and yet not one query was raised against me.
Apologies for going on because in truth the lack of disclosure is
not the issue. I've accepted that he's a liar and there's nothing I can do
about it.
We ALL agreed that his equity and capital in the
second house with his new partner was £25k being as they are joint
co-owners (even though he put up all £50k of the deposit as his new partner
already owns a house and has a mortgage on it). Yet on the financial
statement accompanying the
consent order he has put £8,453k as the capital owned
in the property. As part of his salary package he gets a £10k cash bonus
pa or £2,500 in vouchers of his choice quarterly. He switched to taking
the vouchers to reduce his net salary and CSA payments. He also gets a
company car with free fuel for business and pleasure, Tax, MOT, maintenance
and servicing, and a mobile phone with all calls paid for. On the
financial statement it just mentions his net salary and nothing of the
company bonus or
benefits. He has a very good
pension which he also adds to per month to reduce his net monthly income.
What I have mentioned in this paragraph is fact and can be seen on his bank
statements. STBX has disclosed all of the above previously. What I don't
understand is why he and his sols have changed and reduced it. It makes no
sense to me unless they are concerned that the judge will think the offer
too low for me based on what he genuinely earns and owns.
When I look at the total figures at the end of each of the
financial statements, even with my STBX's reduced and inaccurate figures,
my total is £129k and his total is £245k. My STBX's total should actually
be in the region of £267k. That is based on factually correct
disclosure and does not include any of the undisclosed or unaccounted
disclosure.
I am both suspicious and confused. I can understand
him lying about the undisclosed capital. But what he has already
disclosed, and what can be evidenced, is now being lied about. Why would
they do that? Now the document is incorrect and I feel it is wrong to sign
the
consent order. If he had put the capital owned at
£25k, and admitted the £10k in annual bonuses, I would simply have signed
the consent order.
The point being, how can I sign something
that I know is incorrect and that both sols know is incorrect? This is the
single most important document that I will ever sign in my life, and as you
both have said, it has to be correct. I do not want to carry on the
litigation and am still prepared to accept the offer. It is not about me
wanting more money here as I am sure that the costs would outweigh the
benefits. I just can't knowingly accept and agree to something that is
untrue before a court of law.
So I can't sign the consent
order because the facts behind it are incorrect and I can not continue
litigation. In order to reach an agreement and a settlement I have to
agree to his lies??? The entire process is utterly ridiculous and makes no
sense at all to me.
Forum 
England and Wales 
