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Ask Clare Your Own Question
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 34278
Experience:  25 years exeperience
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What form do I use to file damages against my

Customer Question

What form do I use to file for financial damages against my exhusband. I want to put a claim for financial losses created for a fraud he committed using my name and for which I have suffered losses. The police has reviewed the matter and told me that the court should deal with it. What is the form I should be using to make this claim.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas Judge replied 1 year ago.
can you provide further information
Customer: replied 1 year ago.
I need to know which form I should use to sue for damages. My ExHusband perjured during the final hearing of our divorce for financial matters. This is being investigated. I do not want to complicate this request. In July and June 2009 my ex husband fraudulently misrepresented that a property in his sole name and management is rented out for £12000 per annum and there is no debt finance on the property . As a result we applied for a higher mortgage and moved to another property. He made the false representations during mortgage applications at Halifax Building Society. During the final hearing of our divorce, I told the Judge that he has not accounted for the £12000 rental income and I am entitled to 50% of it. It was then that he perjured that he did not declare £12000 rental income for the mortgage when asked THREE TIMES by the Judge. I did not have the evidence from the Judge at the time to show that he did so. However, Halifax has since released the document of the evidence of the income he declared. As a result of false income he declared, he ran into huge amount of credit card debts of £46000 over three years because he was using the credit card to meet expenses and without my knowledge. He then claimed the £46000 as matrimonial liabilities and 80% was permitted because the court did not realise at the time that it was his fraudulent misrepresentation to obtain the mortgage that led to his credit card debt and he was perjuring on the day lying he did not declare wrong income and expose me to the liabilities and damaged my credit when we separated and there was no rental income money to meet mortgage liabilities. The court also did not realise this fraud and one of our properties was ordered to be transferred to him on the existing joint mortgages obtained fraudulently, which I have appealed against because I want my name off the mortgage and Halifax has stated that they wont remove my name from it and he is not able to raise finance to repay the mortgages and my credit rate is being damage with a loss on my income due to the nature of my own work as a Self Employed Person working in finance. Obviously the problem here is that I have been exposed to the mortgage liabilities and they are in arrears and the properties need to be sold and mortgages paid off to stop the damage to my credit rate. I have sent an appeal and it is being reviewedI now want to claim for damages for the fraudulent misrepresentation leading to a higher mortgage exposure for which we had no rental income to cover at the time he made the representations leaving me with the debts when he moved out of the matrimonial home in October 2012 and stop paying mortgage liabilities he created. I also want to claim this because his matrimonial liabilities were permitted and they were created due to the mortgage fraud which the Judge did not know.
I want to claim for the difference between what our mortgage was of £600 per month and the higher mortgage of £1300 per month for the period 1 October 2009 - to date which incidentally is the financial loss to me when he falsely claimed matrimonial liabilities and the current arrears that are unpaid . I need to know the form to complete to make the claim.
The court is dealing with the appeal to do with court orders for the property to be sold and not transferred to him if he cannot pay the mortgage due to the fraud committed in 2009 for which they now have the evidence. I did not include the claims for damages on my appeal . What is the form I should now use to make the financial claim for damages.I also want to claim for financial damages created due to the delays created in the implementation of the court orders that were based on false evidence. As a result of the delays I have lost contracts, grants and equity gain on business property I should have obtained since 2014. My credit rate of Excellent has been damaged to VERY POOR when the mortgage arrears continued to be unpaid. I want to claim damages and I need to know which form to complete.Is it the Form D11 or another form? What are my options?
Customer: replied 1 year ago.
Just slight typo correction:I did not have the evidence to show the Judge at the final hearing when he perjured because Halifax wanted a court order to issue it. Due to data protection laws.
Expert:  Clare replied 1 year ago.
I note that my colleague has opted out.This is because the simple fact is that there is no separate application you can make.Your only way forward is to use this information to reopen the proceedings and ask the court to reconsider the matter in view of the new informationClare
Expert:  Clare replied 1 year ago.
Customer: replied 1 year ago.
OK but how should I do so. That is what I need to know. Do I need to complete Form D11 and send the evidence of the fraud to the court with a proposed order . I suspect that what I need to do but I dont want to complete the wrong form.
Expert:  Clare replied 1 year ago.
I understood that you had already appealed the matter?
Customer: replied 1 year ago.
I did not include claims for damages. That is what I now want to do now
Expert:  Clare replied 1 year ago.
It is not a separate heading - the only way that you can make any claim whatsoever is within the Family Proceedings - so you will have to raise these matters that you have now discovered within the Appeal process
Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well