submitting false evidence

After very long and drawn out court proceedings over one thing or another I am now drawing close to my Financial Dispute Resolution Hearing.

We had 2 properties whilst together, both mortgages were in my partners name. Her parents lived in one and paid rent.

Whilst getting a valuation on the property I found she already had it on the market for £80k, the outstanding mortgage only being £28k.

When the valuation came back it was valued at only 50k. After a little investigation I found that this was because my ex had told the valuers that there was a long term agreement in place that her parents could live in the house until there death for £300 per month. This de-valued the property significantly.

I have asked for a copy of the lease and one has appeared dated 2003. Except there are a couple of things wrong with the document such as her uncle has witnessed it and given his address, he did not move to this address until 2005.
There is also a copyright notice at the end of the lease dated 2009 clearly showing the tenancy agreement was printed in 2009.

My ex partner has continually lied, family physically threatened and put me through hell for the last 2 years. Resulting in my losing my business and almost personally bankrupting myself. My solicitors bills are now horrendous and I dont know how I am going to pay them back.
She claims benefits and gets legal aid so has been able to throw any accusations at me willy nilly.
She has also had to submit bank statements which shows over £14k in cash payments into her account in 8 months. She is claiming to have borrowed the money. But also claims significant benefits.

Where do I stand with this? Does my solicitor have a duty of care to report the illegal undeclared income through her bank? What do I do about the forged tennancy agreement, I believe this is purgery but what are the penalties and will it cost me more money to push this.

Any advice would be appreciated.

This does seem very difficult.

You have identified factual issue with regard to the lease. This affects the value of the assets and without acurate information as to the value you cannot have an effective FDR. I think therefore you need to bring the discrepancies to the attention of the Judge and ask for a finding to be made as to the value of the property.

Are you able to prove the date of her uncles's move? (electoral roll and/or office copy entries for his home may assist with that)


As you are aware that the property was being marketed it would be helpful to be able to prduce evidence such as a copy of any adverts it appeared in, or details of the instructions given to those agents. If you know which agents are involved, you can ask her to provide authprity to allow the agents to disclsoe their file. If he refuses, bring that to the attention of the Judge, too.



Perjury is lying under oath - it would be very rare to have a prosecution arising from a private case but if the Judge finds that she has lied or sought to mislead the court then this is conduct which the court can take into account - for example, if she is shown to have lied about one part of the evidence, then anything else she says which is not supported by independent evidence is likely to be suspect and a Judge having to decide whether you or she is more likely to be telling the truth is likely to conclude that you are!

If it is impossible to use the FDR effectively becasue she has manufactured evidence then you may be able also ask for a costs order against her in relation to that hearing.

So far as the legal aid point is concerned, you can write to the LSC questioning whether she should be reciveing legal aid - one of the uestions asked when applying for Legal Aid is whether you can pay for the case in some other way, for example by borrowing money. While the test is about wheether the cost of that borrowing would be greater than the contributions you must otherwise pay to the LSC it may be relevant that she has been borrowing m,oney.

Also - is she declaring the rental income from the flat to the benefits agency?

thank you for the prompt reply,

I have already have the correspondance from the Estate agents, it shows that she put it up on the market before she found out that I was on the land registry for both properties.

The correspondance says that she then contacted the agents and told them to take it off the market until she had everything sorted out with her ex.

I have evidence of the move of address of her uncle in 2005 from the rightmove web site. Also the online brochure of the house from the internet priced at £80k.

There are no children involved in this dispute. She has incurred thousands of pounds in legal fees since leaving. She was on the books of my company and left with a customer. She entered the work premises then took my customer database to a competitor. She sent a text asking for her P45 to the accounts admin who asked me and I said raise it. She then had us for unfair dismissal at an employment tribunal. This was her 3rd marriage and my first and I have been left with nothing left now. I dont want a share of the equity in these properties through spite just to allow me to pay off my solicitors bills and to find somewhere to live.

I dont believe she is borrowing money I think she is working cash in hand. £14k is a lot of money to earn tax free in 8 months on top of benefits of over £1,000 per month. My ex partner suffers with MS and although well bodied and able, is now claiming she cant work again and needs both properties to live as when ill goes to stay with her parents in the other house. I dont know how that would stand?

She has continually not turned up to court to other hearings claiming sickness and even surprise holidays and I am again concerned over the costs of these.

Before leaving she had used my banking account to transfer 4k from her credit cards onto mine. Where do I stand with this as she refuses to pay this back?

On her bank statements there are several large purchases such as £120 at a hair salon and £450 at a botox clinic. Are these points to make about lifestyle and is it fair to question these or is it none of my business.

She does not or has not declared any income from the rented properties at anytime over 10 years, although I seem to remember some loophole surrounding second / holiday properties.

I just feel there is several illegal and immoral things going on here and it seems to be me who is picking up the bill.

I will certainly raise the points you mentioned with the judge. But everytime she has turned up to court they seem to play the sympathy vote because the first thing they ask about is her health.

A doctors report has been done and although it states she suffers from relapsing/remitting MS it is inconclusive about whether it will or wont return. It also says nothing about any inability to work.

make sure you get a share of the assetts,could you accept the valuation of 50k and take the property as payment at 50k then kick her parents out on the street and sell it for 80k.
daleray.

heartless - but I like your style. I would be happy with a 20k settlement, that would clear my debts at least and put an end to the whole sage.