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Re:Questionnaire (1 viewing) (1) Guests
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TOPIC: Re:Questionnaire
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Re:Questionnaire 1 Month, 2 Weeks ago
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Yes, the bank statement does quite clearly say "Child Tax Credits" but not good enough for the ex wife's solicitor. The statement from HMR&C doesn't refer to individual payments but I just think that the ex's solicitor is being unbelievabley petty.
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Re:Questionnaire 1 Month, 2 Weeks ago
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Kevin01 wrote: the ex's solicitor is being unbelievabley petty. Any voluntary disclosure at this stage; can only be a good thing. If you do end up in the Court system; (like Kevin here) anything not answered in Form E has to be made clearer in the Questionnaire; and if then still not answered adequately; they will bring it up in Court; and so much time and expense is wasted; either (as hadenoughnow experienced0 this to make you look frivolous. (Or dishonest)
I go along with the theory that if there’s nothing to hide, just stick it in anyway. If you then wish to examine more of his statements; you’re in a better position to request a return of the same. Bottom line: You can’t start to negotiate honestly; until you have an honest picture of the full puzzle.
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Gee Toto; I guess we're not in Kansas anymore!
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Re:Questionnaire 1 Month, 2 Weeks ago
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Hold on a minute, I am a bit unclear what is required here. The Form E does not go into minute detail as to what is required. For example I have to supply 12 months bank statements, P60, 3 pay slips. details of pension, mortgage, summarise income and living expenses. No where does it say go the the nth degree because it will save time later. Now it is blindingly obvious what most of the transactions on the bank statements are but the ex's solicitor has asked for explanations of transactions over £500. So the £1400 shown on the statement as child tax credit is, well, erh, child tax credits. It is the expectation that I can supply documentation for a credit that somebody else has paid into the account that seems unreasonable, with the comment that if you don't come up with this then "you must have something to hide". My ex b******d off with her fancy man and I am looking after the kids but why do I feel as though I am the guilty party here justify reasonable expenses to the ex's solicitor. She cannot explain where £123,000 has gone over 10 years but I have to justify the child tax credits. If the boot was on the other foot I would be called sexist and a bully. Time to butt out I think.
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Re:Questionnaire 1 Month, 2 Weeks ago
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Hiya Kevin
Disclosure of payments in or out of an account for over £500 is normal practice.
You can bet her sol asked for that without even looking at your bank statement. So don't think it's personal - it's not .
The 'proof' that the £1400 is from the Tax Credit people is in the bank statement. You won't/shouldn't need to provide anything else for that particular transaction.
However if you look at your bank statement and put yourself in your stbx's solicitors shoes, are there transactions that are not self explanatory ? These are the ones you need to 'prove'. Basically you are proving that you don't have income that you haven't disclosed and that your expenditure is normal eg. that you are not hiding £800 in a savings account every month.
Now you know you're not but you have to prove it to her sol.
Pretty much in the same way that I will ask my stbx to 'prove' he isn't stashing cash, or have two jobs....
Does this explain it more simply ?
poppy
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I am self repping, I am not an expert, and I am frequently found barking up the wrong tree !!
Please therefore seek proper legal advice, before acting on mine...................
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Re:Questionnaire 1 Month, 2 Weeks ago
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Kevin, Sorry you are reading my posts the wrong way!!! I’m not suggesting that you have anything to hide, I’m trying to help you through the process – because I’ve been through it, experienced the hell that is yet to come (post Form E) and trying to explain how the proceedings work. (Assuming you’re self-repping? You didn’t answer that) It could be that like my ex; her sols are nit-picking for no justifiable reason.
In my case I’m Executor to the Estate of my late mother; and held £15,000 on account for the sole use of my elder brother; who is mentally and physically disabled; and his Social Worker and NHS Doctor told my mum to leave money in Trust for him, I buy my brother things as and when he needs them. My ex (during marriage) knew I acted as next-of-kin Executor; and would hug me affectionately when I found it hard to cope with my mentally ill brother. In divorce however; he’s trying to make it look like this £15,000 is MINE !!! So; although it wasn’t asked for; I supplied Statements of the account; copies of Executors certificate; a copy of my late-mums Will (that pledged the money to my brother) and still that wasn’t enough; and they started asking for more in the Questionnaire...
So what we’re pointing out here; is how these things do become protracted and expensive. It earns her sols hundreds per hour asking this nonsense. Your only concern is to prove you’re not doing anything untoward.
If you think this bit is tough – just wait until your Case progresses.
No one in the legal profession gives a damn about He said/She said ...she ran off etc; it is blame free and deals only with allocating the finances. That is why wiki is so useful in dealing with all the other angst here. I understand your anger; I’m also not the one engineered or wanted the divorce, and I can’t afford the legal fees to fight on... therefore, I can only try and help others understand this system.
Hope that clears things up.
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Gee Toto; I guess we're not in Kansas anymore!
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The administrator has disabled public write access. |
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