Applying for Charging Order ?

Well , fair play solicitor did call me back . But could offer no help or advice i would consider helpful . He suggested waiting til the deadline and then he would send a letter to exs solicitor asking him to payup . He suggested I try contacting the Dubai Ministry to see if they will do something about it (ridiculous if you know how the UAE works then there is little chance they will take action). I seemed to understand REMO more than he did . So have decided to sit and wait (have emailed REMO to see if anything can be done ). Not sure its worth me coughing up £100 to my sol just to send a couple of letters. Maybe can just take it to court myself after the deadline . Charging order maybe on exs bank acs or attachment of earnings order via remo ?

Hi (((((Doughty))))),

Sorry to see you're still chasing him. It looks like Amanda was correct in a post 3 years ago (nr. 77217).

Please note that the court records will show your solicitor dealing with your case. If you go back to court as a litigant in person it would be wise to check with the court what information they need to avoid them sending stuff to your old sols by mistake.

If the court sends letters to your old sols not only will it be delayed in getting to you but your sols may charge you for having it sent on.

Re your sol and the Dubai Ministry . . . there seems to be some realism missing from his/her suggestion.

I'm afraid I still know nothing about REMO but it seems reasonable to me that you may have a course of action if your ex is employed by a UK company or has UK bank accounts. On the other hand if he's putting money into the g/f's account then it's problematic.

Sorry I can't help you more.

Take care and Good Luck!

YA

You are so right about Amanda but I would have spent £000s taking it through the court and probably not have been able to keep the house & equity in it ! Stability was my main aim I have a small pension (not in payment)I have a house with only 20% mortgaged could downsize & be mortgage free if things got too tough to cope . As things stood it still cost over 5K even on legal aid . I would have had to sell up and move which with the type of disability my son has at that time would have been a nightmare. We have good schools here . Thanks for the support and advice will remember that if I go down the court route . Will see what happens on 31st if he pays up or not . He is still calling the children every Sunday at the moment .So maybe his threats are idle ones .
I have contacted REMO they emailed back & promised to reply within 20 days !!!???

Amanda had experience in international cases and I seem to remember she also said that they aren't for self repping. The rules for serving papers etc are different and solicitor with international experience, in particular with non REMO cases is preferable. Remember you can shop around for a solicitor. The issue isn't going to be resolved simply and I think you need to prepare for the long haul. If it doesn't take so long it will then be a bonus.

UAE isn't a signatory to the international conventions for the reciprocal enforcement of maintenance so the REMO unit isn't going to be able to help and if it could the process isn't that quick anyway. There is no point in applying for CM in UAE because it is a Muslim country and Sharia law there is something about surrendering the child to the custody of the other parent so the child can be maintained. In any event I believe there is no enforcement structure available in UAE because its illegal to trade as a bailiff or a debt collector (unless its a debt owed to the state). You need evidence that property or bank accounts are held in the UK.

IT therefore makes sense to try and resolve matters relatively quickly out of court in the first instance before embarking on what could be a very lengthy process. In many cases a solicitor's letter is useful because a) it can be used as evidence that you have been reasonable and made attempts to settle the dispute which may cut down the number of court appearances and b) the person receiving it will then seek their own legal advice. Sometimes the realisation that the debt will just accrue and will need to be paid with interest + costs if they ever want to return to the UK and they could be imprisoned on return is enough to do the job. Otherwise when there is no evidence of property or money in the UK it could potentially be a case of hanging on for years until someone returns to the UK.

Hi Fiona,

Yes indeed, Amanda said that international cases were for specialists.

There may be something that can be done in the UK, at some point, but as you say, anything accomplished by agreement would be better than any enforcement action.

YA