UK Property Law

Get UK Property Law Questions Answered by Experts

Ask an Expert,
Get an Answer ASAP!

UK Property Law

What form do I use to file damages against my

Customer Question
What form do I use...
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
Show More
Show Less
Ask Your Own UK Property Law Question
Answered in 2 hours by:
4/17/2016
Solicitor: Thomas Judge, solicitor Advocate replied 1 year ago
Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 33,055
Experience: award winning lawyer with over 15 years experience
Verified
can you provide further information
Ask Your Own UK Property Law Question
Customer reply 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 reply 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.
Solicitor: Clare, Solicitor replied 1 year ago
Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 34,506
Experience: 25 years exeperience
Verified
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
Ask Your Own UK Property Law Question
Solicitor: Clare, Solicitor replied 1 year ago
.
Ask Your Own UK Property Law Question
Customer reply 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.
Solicitor: Clare, Solicitor replied 1 year ago
I understood that you had already appealed the matter?
Ask Your Own UK Property Law Question
Customer reply replied 1 year ago
I did not include claims for damages. That is what I now want to do now
Solicitor: Clare, Solicitor 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
Ask Your Own UK Property Law Question
Customer reply replied 1 year ago
Thanks.
Solicitor: Clare, Solicitor replied 1 year ago
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Ask Your Own UK Property Law Question
Ask Clare Your Own Question
Clare
Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 34,506
34,506 Satisfied Customers
Experience: 25 years exeperience

Clare is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Aston Lawyer

Aston Lawyer

Property Solicitor

1,734 satisfied customers

LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law

Thomas

Thomas

Lawyer

1,336 satisfied customers

BA (Hons), PgDip, Practising Solicitor

Clare

Clare

Solicitor

34,506 satisfied customers

25 years exeperience

INC

INC

Solicitor-Advocate

812 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Alex J.

Alex J.

Law

447 satisfied customers

LPC, 2 Years Conveyancing

Buachaill

Buachaill

Barrister

282 satisfied customers

Barrister 17 years experience

Matt J

Matt J

Solicitor

216 satisfied customers

LLB(HONS)

< Previous | Next >

Related UK Property Law Questions
I am registered owner of a property with a mortgage but with
I am registered owner of a property with a mortgage but with manipulation my ex inlaws managed to get signature on trust deeds giving them the complete financial benefits from that property. Recently … read more
Clare
Clare
Solicitor
34,506 satisfied customers
Denning, with my 1/3/2012 accepted question. Original
Dear Law Denning, Please follow up with my 1/3/2012 accepted question. Original Question URL: http://www.justanswer.com/uk-property-law/61pnu-concerned-electrics-flat-ask.html… read more
Law Denning
Law Denning
Solicitor
PGDLaw
7,641 satisfied customers
My neighbour has a right of way over my drive so that she
My neighbour has a right of way over my drive so that she could, if she dismantles a moveable fence at the top of the drive, enter her garden that way. She has not exercised that right in about 10 yea… read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
I would like to know if a property classified as an HMO can
I would like to know if a property classified as an HMO can be deemed to be in breach of the house;s covenant that it must be a 'single private dwelling house' … read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
Follow up with my 2/20/2012 3:50:39 PM UTC accepted
Dear Jomo1972, Please follow up with my 2/20/2012 3:50:39 PM UTC accepted question. Original Question URL: http://www.justanswer.com/uk-property-law/69zf9-i-m-american-expat-renting-house-london-i-ve.… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,470 satisfied customers
My tenants and I are defendants in a small court court case
Dear FE Smith My tenants and I are defendants in a small court court case to do with a right of way. The first hearing determined the temporary agreement in relation to the right of way, which is to c… read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
I'm about to file an application to adjourn the date of a
I'm about to file an application to adjourn the date of a preliminary hearing regarding a flea infestation claim I'm defending. whilst filing the application I also would like to present my defense ca… read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
I'm a tenant in common with my brother on a UK property. A
Hi, i'm a tenant in common with my brother on a UK property. A number of years ago my parents were in financial difficulties and I stepped into save the family home with my elder brother. I did not li… read more
Law Denning
Law Denning
Solicitor
PGDLaw
7,641 satisfied customers
I want to change the ownership proportion in our UK property
Hello, I want to change the ownership proportion in our UK property Deed of Trust. All parties agree to the change. What is the best (common) way to do this? Do you revoke the existing Deed of Trust a… read more
Clare
Clare
Solicitor
34,506 satisfied customers
I recently sent this reply to a question that was answered
Hi, I recently sent this reply to a question that was answered but I haven't heard anything and it's been a week. Not sure if it has been received and wondering if someone else can helpI partly own a … read more
Clare
Clare
Solicitor
34,506 satisfied customers
I am renting via an agency and they have been really bad at
hi, I am renting via an agency and they have been really bad at repairing things like the boiler, the windows, installing a fire alarm etc.. it took them 7 months (from Oct 2008 to May 2009) and final… read more
DR Lawyer
DR Lawyer
BA (HONS) Pgdl Pgdlp
2,318 satisfied customers
If a UK property transaction is less valued at less than
If a UK property transaction is less valued at less than 125,000 then there is no SDLT to pay. However, does an SDLT form need to be filed with the Inland Revenue… read more
Aston Lawyer
Aston Lawyer
Property Solicitor
LLB (HONS)
1,734 satisfied customers
I am currently residing in the UK. I have 2 Plots (Property
Hello,I am currently residing in the UK. I have 2 Plots (Property Land) in Pakistan on my name which were bought by my Father and Sister for me around 5 years ago. I have both Plots (Property Land) on… read more
Nick H
Nick H
LLB
115 satisfied customers
I have lived on a peice of land owned by my grandfather for
I have lived on a peice of land owned by my grandfather for 4 years, after he asked me to move on, in a mobile home and start a plant nursery business. I would like to know what rights I have if he as… read more
Mike GS
Mike GS
35 years experience English Solicit
1,198 satisfied customers
I wanted to know if I need to complete the certificate of
I wanted to know if I need to complete the certificate of service on the N5B form. I am a private landlord applying for possession order on section 21 grounds.Also, I served the section 21 to my tenan… read more
JimLawyer
JimLawyer
GD Law
72 satisfied customers
Team, I have had my house repossessed it was in a joint
Hi team, I have had my house repossessed it was in a joint Mortgage with my estranged wife. We have been separated over 5 years. The house has been sold and there is Apprx £30,000 left to be split wit… read more
Clare
Clare
Solicitor
34,506 satisfied customers
Subject: Neighbour wants to install gas flue inspection
Subject: Neighbour wants to install gas flue inspection hatches in my bedroom Hello Hope you are well. I hope you can help me out with a query that I have, I own a flat which is part of a criss-cross … read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
I was in a process of purchasimg a property.paid the
hi. I was in a process of purchasimg a property.paid the deposit. then recieved an email from my solicitor to release more funds. which I did. then another that the fund was returned. and pay more mon… read more
JG_Legal
JG_Legal
Barrister
Legal Practice Course
36 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x