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sacking solicitor

  • MHIT
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31 May 22 #519394 by MHIT
Topic started by MHIT
Hi

I am thinking of self repp'ing but I have already asked my solicitor to submit form A to get the ball rolling. I believe I can dismiss them at any stage. They've asked for a MIAM certificate? which is strange because not only did my my solicitor (who is a member of resolution) spent the last year trying to negotiate a financial Consent Order there is a non-Mol order (not founded) in place against me so based on this am I not exempt for using a MIAM? I am thinking either her junior has replied to me OR she is making more money from unnecessary correspondence (the main reason why I am going to self-rep)

Anyway, once l inform my solicitor that I no longer want to use their services I believe they are obliged to inform the court and my STBEX solicitor. I don't know what info they give but I want my address to remain confidential. Can I insist on them only providing the court and STBEX solicitor just my e-mail address and telephone number? or do I have to provide my address?
I don't mind telling the courts but of course I don' want my STBEX to find out

  • .Charles
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06 Jun 22 #519414 by .Charles
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Here's the guide to when MIAM is exempt:

www.justice.gov.uk/courts/procedure-rule...s/pd_part_03a#para17

If the evidence described is not available a referral to MIAM is required. The mediator can then state that it is not suitable for mediation and issue a certificate which will allow financial proceedings to be issued.

Charles

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06 Jun 22 #519416 by MHIT
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Hi Charles
Great, thanks for the link I do then qualify for an exemption. What my solicitor is thinking I don't know as they dealt with my non-Mol (well dealt with is being a bit generous! When I accepted it they failed to tell me there was an occupancy order attached)
One other question that has arisen ....my FMH is in joint names and we have an outstanding joint mortgage debt of 25K. Do I need to slap on a matrimonial homes notice to stop her taking out a loan against it with another lender or am I safe as my name is on the deeds

  • hadenoughnow
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06 Jun 22 #519418 by hadenoughnow
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If the house and mortgage are in joint names, both signatures are required to sell or make any changes to the mortgage.

You may want to consider severing the joint tenancy. This is fairly standard advice.

Hadenoughnow

Hadenoughnow

  • MHIT
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06 Jun 22 #519421 by MHIT
Reply from MHIT
Great thanks, yes joint names on deeds and mortgage so OK there. I did, as soon as I started proceedings severed "joint tenancy" to "tenancy in common". Again this I did by research and not would you believe because my solicitor advised
Thanks Charles.

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12 Jun 22 #519471 by MHIT
Reply from MHIT
Sorry one other thing about the FMH. We are both on the deeds and we have a joint mortgage of 25K on a house worth 500K. That means there is plenty of equity. Can the ex try to take out a loan with another lender without my knowledge? (in the case the new lender would have to take a 2nd charge). I am hoping that any new lender would have to get approval for the existing lender? (who have 1st charge). If this is the case I am ok as they would tell me I just want to know if they can be bypassed. This is why I originally asked about slapping on a home rights order in order to protect myself

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