Goddard Smith Solicitor are offering a fantastic fixed fee divorce service for uncontested divorces. To let people know we have produce this radio advert (above) which will be aired on Wish FM during the month of August 2011.

Tthe service is just for a straight forward divorce and does not include dealing with the matrimonal finances or Child Contact issues, where children are involved. The service is available to everyone in england and walse and is not limited to people seeking a divorce in wigan.

Our solicitor understands that seperating is always a difficult thing to do, and knows only to well that often people are in not in a nice place and are  having to make difficult emotional decisions. Our wigan divorce solicitor will ensure that she acts for your best interests to will assist you acheive and quick divorce, wherever possible, which is right for you. Where you are divorcing in wigan we have links with local mediators to assist any disputes that arise.

Our divorce solicitor is a specialist family solicitor often write articles for the local press and for other websites. In order see whether she might be able to assist you in your divorce contact Goddard Smith Solicitors. We offer a free half an hour appointment to discuss any matrimonal or family problems that you might have.

Should you need any assistance in seperating from your partner please not not hesitate to contact our divorce solicitor  on 0845 304 1144.

Article written on the 29th July 2011

Other articles that migh be of interest

Unenforceable Credit Agreements

Child Support Agency – Worst Excuses Ever

Who’s the daddy? CSA claim Ginger haired white
Like father, like son: Adulterous men run in the family – it’s official

One of the most ridiculous excuses came from a footballer earning £4,000 per week who stated he could not afford to pay the maintenance he owed because of the cost of running his Ferrari sports car.  Further examples include a father who stated that he had bought the child some sweets and wasn’t going to pay anything else, a father who had a sex change and tried to argue that she should not have to pay as she was no longer the man who had fathered the children and more familiar excuses such as “the dog ate the letter”.

There was even one parent who tried to dodge his financial responsibilities by reporting that he had been killed in the Tsunami.  The CSA later found him to be very much alive and working.

New figures also show that around 1,000 properties have been targeted for possible possession and sale in connection with outstanding child maintenance arrears.  In the past year, suspended sentences have been imposed on more than 1,000 parents who have failed to pay child maintenance.

The evidence suggests that the CSA offers an important service tackling parents who refuse to pay towards their children.  At present there is no charge for the service but under new proposals, anyone who wants to use the service will have to pay an upfront fee of £100 (£50 for those on benefits), followed by an ongoing charge on any payments collected by the CSA, plus a further fee if any enforcement action becomes necessary.

The proposed reforms have been criticised by some for leaving disadvantaged families without adequate support for children.  Critics include children’s charity Barnardo’s, single parent charity Gingerbread, Citizen’s Advice, and the Child Poverty Action Group, among others.

Work and Pensions Minister Maria Miller disagrees, and has stated that “Our reforms will support parents to make their own family-based arrangements and free up the state service to chase those who refuse to co-operate”.

Elspeth Hanna, family law specialist at Wigan-based law firm Goddard Smith Solicitors commented “Where possible, it is best for separated parents to try to reach a private agreement in respect of child maintenance.  The CSA should be viewed as a last resort.  When the CSA becomes involved, it can make for a more acrimonious relationship between the parents, which can have an effect on other issues, such as child contact problems.

“The present CSA system is not perfect, but it does provide a vital service in cases where there is a stubborn refusal to pay, or where the parents cannot reach an agreement between themselves.  If the new reforms are put in place, the costs may deter parents on lower incomes from using the service, which could be to the detriment of the child.”

If you believe you have a family law issue which you require assistance with, please do not hesitate to contact our Elspeth Hanna on 0845 304 1144.

Article written on the 5^th September 2011

Ms Besharova met Boris Berezovsky in Moscow when Mr Berezovsky was working as a professor of mathematics on a salary of just £60 per month.

After working as an academic, Mr Berezovsky went on to found the first Mercedes dealership in the Soviet Union, which he later sold for £350 million.  He increased his assets through investment in the oil industry.  Mr Berezovsky’s fortune is now estimated at around £550 million, although some sources believe it could be valued at as much as £1 billion.

The parties separated after 2 just years of marriage, but remained married for a further 16 years.  Mr Berezovsky is believed to have started living with his girlfriend Miss Gorbunova soon after separation.  Ms Besharova is thought to have petitioned for divorce on the basis of Mr Berezovsky’s unreasonable behaviour after Miss Gorbunova was constantly referred to as Mr Berezovsky’s ‘wife’.

The financial settlement was resolved by agreement between the parties.  The precise terms of the financial settlement remain confidential, although Ms Besharova’s settlement is thought to include stocks, shares, cash and the Kensington penthouse flat she presently lives in.

Ms Besharova paid tribute to the English legal system stating that “English judges are not only incorruptible but have a sense of fairness in their DNA… This is particularly so with the provision for wives – wives who have often given up a great deal in the marital partnership so that their husbands might succeed”.  She also commented “I have always believed in British justice and yet again I have been proved right”.

Elspeth Hanna, Family law specialist at Goddard Smith Solicitors said “In this case, the parties did not enter into a pre-nup.  In a lengthy marriage like this, the starting point would have been equal shares of all of the assets, although Mr Besharovsky’s lawyers may have tried to argue for a greater share by distinguishing the wealth that Mr Besharovsky brought to the marriage.”

If you believe you have a family law issue which you require assistance with, please do not hesitate to contact our Elspeth Hanna on 0845 304 1144.

Article written on the 27^th July 2011

When he called the CSA to dispute the
decision and demand a DNA test, he was met with disbelief and resistance.   The CSA’s response was “As far as we’re
concerned you are the father and you need to pay”.  The CSA advisor went on to say that “It’s not
for us to prove you’re guilty, it’s for you to prove you’re innocent”.

In the months that followed, unlucky
Ian was chased for payment while he struggled to clear his name.

The matter was finally resolved when
Mr Burrowes instructed a solicitor.  On
further investigation, the CSA’s error was revealed and it came to light that there
had been a mistake in respect of Mr Burrowes’ National Insurance number.

Mr Burrowes was stunned “I’m a pale, white guy with ginger hair and these women were black… it was obvious just by looking at us there was no way I could ever be their father”.  The CSA’s error also had serious consequences for Mr Burrows’ personal life and reputation, and he faced queries from his own family.  Mr Burrows commented “They were concerned that I had been living a double life”.

Elspeth Hanna, Family law specialist at Wigan firm Goddard Smith Solicitors commented “The CSA play an important role in ensuring that child maintenance is paid to many parents. Unfortunately the system can go wrong, and it can often be an uphill struggle to challenge a mistake made by the CSA.

“I have previously acted for clients who have been affected by mistakes made by the CSA.  It can be a worrying experience for the client concerned, and it can have undesirable personal consequences.

“It is possible to challenge the CSA if an error has been made, and I would urge anyone who is in this position to take legal advice at the earliest opportunity.”

Mr Burrows has since received a written apology from the CSA.

If you believe you have a family law issue which you require assistance with, please do not hesitate to contact our Elspeth Hanna on 0845 304 1144.

Article written on the 6^th July 2011

According to a revealing new study, men are more likely to have an affair if their fathers had been unfaithful while they were growing up.  The research, carried out by a team of Czech scientists, has concluded that although both men and women have affairs, daughters were not as likely to be affected by their mother’s infidelity.  The reason for the phenomenon is apparently because boys are more likely to follow their father’s example.

Scientist Jan Havlicek of Charles University in Prague presented the research at a recent conference of the European Human Behaviour and Evolution Association.  86 couples participated in the confidential study, which involved analysis of their family backgrounds, and their attitudes to relationships, sex, and infidelity.

The research also supports the theory that men have affairs because they want more sex and sexual partners, rather than because they are unhappy with their committed relationship, whereas women are more likely to stray in order to find a new partner.

Elspeth Hanna, Family law specialist at Goddard Smith Solicitors commented “There can be many reasons why someone might look for sex outside of a committed relationship.  It is too simplistic to blame the parent.

“An affair may lead to the end of a relationship, regardless of the reasons behind the affair.  In the context of a divorce, an affair can be significant.  There is only one ground for divorce in English law and that is the irretrievable breakdown of the marriage.  Adultery is one way of proving that the marriage has broken down.

“If a divorcing spouse is seeking to rely on the adultery of their wife or husband, they should first seek legal advice.  There must either be sufficient evidence that adultery has taken place, or an admission from the other party regarding the adultery.”

If you believe you have a family law issue which you require assistance with, please do not hesitate to contact our Elspeth Hanna on 0845 304 1144.

Articel written on the 28th June 2011

The PM went on to praise the efforts of single mothers as “heroic”, stating that fathers must support their children “financially and emotionally” and “take an interest in their education”.

The comments have been condemned by some critics as outspoken and simplistic. In an interview given to the BBC, Bob Greig from single parenting website “Only Dads” commented “There are many cultural, employment, financial [and] legal issues as well which prevent dads from having a full-on relationship with their children post-separation and divorce”.

The comments have also been criticised for contradicting the government’s controversial new plans to charge parents for using the services of the Child Maintenance and Enforcement Commission (formerly the CSA).  The changes would mean that parents who wanted to use the service would have to pay an up-front fee of up to £100 plus an ongoing charge of 7-12% of maintenance actually paid.  The government believes that the plans would encourage separating couples to organise their own child maintenance payments.

Fiona Weir from single-parent charity Gingerbread said that “If the Prime Minister really wants to support heroic single parents, he must withdraw these damaging proposals which would limit access to the CSA”.

Elspeth Hanna, family law specialist
at Wigan firm Goddard Smith Solicitors commented “There are a lot of reasons why a parent might not be playing an active role in a child’s life, and Mr Cameron’s comments could be construed as a generalisation.  A parent may be having problems establishing or maintaining a relationship with their child, and it is not always the father who is the absentee.  Parents who are in this position should seek legal advice.

“The law tries to ensure that parents have an ongoing obligation to support their children financially, in accordance with their means.  Payments can often be difficult to enforce and it may be prudent to seek legal advice on the available options”.

If you believe you have a family law issue which you require assistance with, please do not hesitate to contact our Elspeth Hanna on 0845 304 1144.

Article written on the 20^th June 2011

The decline in Facebook use isn’t limited just to the UK.  It is thought that Facebook has lost as many as 6 million users in the US.  In general, the growth of Facebook has slowed worldwide, with user numbers also falling in Russia, Canada and Norway.  But it’s not all bad news for the social networking site.  In some developing
countries like Mexico and India, the number of users is steadily increasing.

Some critics have attributed the declining number of users down to market saturation and ‘facebook fatigue’.  Internet psychologist Graham Jones commented
“People get terribly excited about something new and after a while the novelty wears off.  In all aspects of our lives we are addicted to novelty, so Facebook should be the same.”

Others are putting the figures down to recent concerns about privacy on Facebook.  The site has recently been criticised for introducing facial recognition
software.  Although it is claimed that the software can make ‘tagging’ photos easier, some users feel that their privacy has been infringed.

Elspeth Hanna, Family law specialist at Goddard Smith Solicitors said “I receive a lot of enquiries from clients whose relationships have been damaged in connection with Facebook.  Facebook is often used to circulate negative comments about an ex.  Confidential or sensitive information is often unintentionally disclosed.  I have also encountered instances where parents are altering privacy settings to block child contact.

“There is no absolute guarantee of privacy with any social networking site.  My advice is to exercise caution when using Facebook, and think about how
comments and pictures could be interpreted.  If in doubt, don’t post.”

If you believe you have a family law issue which you require assistance with, please do not hesitate to contact our Elspeth Hanna on 0845 304 1144.

 Consumers are advised to seek independent legal advice before using the services of claims management companies that offer to find ways to render consumer credit agreements unenforceable.

Businesses can only provide claims services if they are authorised and regulated by the MOJ under the Compensation Act 2006. Such businesses may also need to hold an appropriate OFT consumer credit licence.

Consumers may be asked to pay large up-front fees, often up to £500, for the businesses to review their credit agreements. Some businesses are claiming that many of these agreements are completely unenforceable, that consumers can have debts cancelled and claim back thousands of pounds. Customers are then being asked to pay large fees if the claim is successful, meaning that they are still in debt.

Consumers should think very carefully before committing themselves to making claims and handing over hundreds of pounds in advance to do so, even where refunds may be promised if the claim is unsuccessful.

The best advice is to go directly to a solicitor, as they will not want to charge such excessive fees up front, and should not charge any fees at the end of your case. At Goddard Smith Solicitors we specialise in writing off debt. There are many ways to do this and by completing our free questionnaire we will be able to advise you fully about how to find out if your loans and credit card agreements can be cleared  

Mark Smith

Can you really ‘write off’ a Credit Card or Loan? The truth behind the hype.

Over the last few month there has been a lot said about writing off credit card debt or loans, legally. But is it really true that these debts can simply be written off? Well, actually, no.

Below, Mark Smith, from Goddard Smith Solicitors, who have won several settlements and a trial against high street lenders, explains how it really works.

“What all of the companies offering a debt “write off” service are talking about is actually a request to the court to confirm that the credit agreement cannot be enforced against the borrower. This means that if an individual successfully asks the court to confirm that the debt could not be enforced, they could choose to stop paying the debt. The lender then can no longer use a legal mechanism to enforce the debt against them. This means no CCJ’s, no charges on any property, no bailiffs and no bankruptcy petitions.

Many people are skeptical about this, as the old adage goes, ‘if it seems too good to be true it probably is’. Well not in this case. The law in this area is quite technical, and it must be stressed that if you intend to look into this, you should go directly to a solicitor, and not go through any type of third party organisation, as not all being very open about what can be achieved.

The legal bit

Put as simply as possible, if a person has taken out a loan or a credit card before April 2007, for a value lower than £25,000, there is the possibility that that loan or credit card agreement will be declared to be unenforceable by the court.

The law states that if the original credit agreement, as signed by the debtor, fails to comply with section 65(1) of the Consumer Credit Act 1974, relating to improperly executed agreements, then the agreement is ‘improperly executed’. This term means that the agreement was not properly constructed and signed in the first place. If a lender wishes to enforce a debt, which has arisen from an improperly executed agreement then the lender must obtain a court order.

However there are certain rules that the lender must comply with, and if he does not, he will not be entitled to a court order, and therefore the debt will not be enforceable against the borrower. The signed credit agreement must provide certain information and that information must be correct. The credit agreement has to state the total amount borrowed and the correct rate of interest payable on the credit. There are other requirements, such as whether the signature and cancellation requirements have been met, which must also be followed. Essentially though, where information is omitted or inaccurately displayed on the credit agreement, the credit card or loan agreement is unenforceable.

Further if a person was told that they had no option, or were just given a payment protection insurance policy (PPI) it was probably miss-sold to you and the miss-selling of this product may also render the loan unenforceable.

Does this mean the debt is written off?

Not exactly, the debt still exists, and it just sort of sits around in the background. However it cannot be enforced against the debtor. So if the debtor then chose not to pay the debt, the lender could do very little about it. This is similar to an illegal gambling debt (only without the threat of a baseball bat).

Beware

If you would like to challenge an agreement, seek suitable legal advice directly from a specialist solicitor, as there are many pit falls. If you were to take the lender to court for a declaration of unenforceability on your own, and you lost, you may be responsible for paying the lender’s legal fees. This can run into thousands of pounds.

Most solicitors can obtain insurance policies on your behalf to protect you from this situation. Usually you don’t need to pay for the policy upfront, and if you win the cost of the policy can be recovered from the lender. Also the policies are often designed with solicitor’s clients in mind and they are therefore ‘self-insuring’. This means that if the claim was lost the policy premium would be paid off by the insurance company as an insured risk. Therefore in most cases the person bringing the claim does not have to pay for the insurance policy, and they are protected against the lenders legal fees if they did lose the claim.”

If you would like to investigate your loan agreement further you can contact a specialist solicitor like Goddard Smith Solicitors, www.goddardsmith.co.uk.

END

GoddardSmith Solicitors are a full service law firm based in Pemberton, Wigan. They offer a full range of legal services for commercial, corporate, public sector or consumer clients. They can be contacted on 0800 160 11 44, alternatively visit www.goddardsmith.co.uk

Q My company has recently acquired a new business and 50 of its employees transferred to us under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE). We want to put these employees on our standard employment contracts. What are the issues we should consider?

Kathleen Goddard replies:

A crucial aspect of the protection afforded by TUPE is that employees transfer on their existing employment terms. TUPE places strict limits on post-transfer contract change and specifically addresses when such variations can and cannot occur:

• Where the reason for changed terms is the transfer itself, TUPE makes such changes void.
• Where the reason is connected with the transfer but is also an economic, technical or organisational (ETO) reason entailing changes to the workforce, TUPE provides that such changes are effective if agreed.
• Agreed variations that are unconnected with the transfer are also effective.

An employer aiming to realign contract terms after a TUPE transfer faces an uphill struggle. The consequent contractual changes will be connected with the transfer and are unlikely to fall into the ETO reason category. As a result, straightforward post-transfer harmonisation is almost impossible. Also employees cannot contract out of the protection of TUPE and so even an employee who agrees to post-transfer contractual change can subsequently change their mind and seek to rely on their previous employment terms such as, for example, entitlement to an enhanced redundancy payment.

Some practical solutions for an employer determined to implement a post-transfer harmonisation exercise are:

• To avoid unfavourable changes and, if possible, equalise terms upwards
• To implement new terms for all employees (and not just those who have transferred) and/or to delay implementation with a view to breaking the link with the transfer
• To ensure employees have a genuine choice whether or not to accept changes so that, arguably, the reason for the variation is employee choice rather than the transfer, although this is quite tenuous.
• To terminate employment for an ETO reason and offer immediate re-employment on new terms. Potential claims arising from the termination should be waived via a compromise agreement. There is doubt as to whether such a compromise agreement would be effective, on the basis that it attempts to contract out of TUPE. Employees, however, who have signed an agreement and accepted new terms are perhaps unlikely to challenge this position later.

If you are in any doubt about all of this, speak to a solicitor, as defending an employment claim can be a very expensive process.