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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I wish to bring a private lawsuit agains my ex-partner. She

Customer Question

I wish to bring a private lawsuit agains my ex-partner. She has framed me into a criminal a ligation where I am now "on bail" with the conditions that:
1. I can not enter my home
2. I can not contact her
The criminal case is being dealt under the legal aid scheme in the UK by a criminal defence lawyer, but I need to be advised how to bring the Family Law suit to court by myself.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What case do you wish to bring against your ex?
Clare
Customer: replied 2 years ago.

Hi Clare,

My ex-partner has a brain tumour which changed her personality and her feelings to me.

She made me homeless.

She has removed me from our joint tenancy home by framing me with the police on an assault charge which I am not guilty.

She has removed most of my furniture and belongings out of the property to a location I do not know.

She refuses to give back my two dogs which I have proof that I'm the legal owner.

She is trying to have my name removed of the tenancy with the landlord.

She is opening my mail and trying to ruin my character with court action, family and friends.

I hope you can assist,

Roger Burton.

Expert:  Clare replied 2 years ago.
Hi
has she refused to tell you where your belongings are?
Clare
Customer: replied 2 years ago.

Hi

I can't contact her directly because of the bail conditions in the criminal case. I've had contact with a male friend of hers who has informed me that he is storing by goods but will not disclose there where abouts. I'm living at the moment over 300miles away, but wishing to return to Rose Cottage (our joint tenancy home) when the bail conditions are lifted.

I have been told by my lawyer in the criminal case that she is to have surgery in January to remove the tumour.

Roger.

Expert:  Clare replied 2 years ago.
Hi
When does the term of the tenancy end?
Clare
Customer: replied 2 years ago.

Hi Clare,

The tenancy is due for renewal on the 15th May 2015.

Roger

Expert:  Clare replied 2 years ago.
Hi
Which is more important to you - recovering your belongings or returning to the property?
Clare
Customer: replied 2 years ago.

Hi Clare,

The most important is the return of my two Hungarian Vizslas dogs, my ex-partner is due to have a brain operation to hopefully remove the tumour. She may die whilst receiving this treatment, how can I be sure what is to become of them.

Roger.

Expert:  Clare replied 2 years ago.
Hi
Thank you - it helps to know!
What evidence do you have that you are the owner of the dogs?
Clare
Customer: replied 2 years ago.

I have two Owner Registration Certificates from The Kennel Club. I've asked my bank for copies of the two cheques that have been cashed that I sent to the two breeders of £200 each for the deposits for the dogs. Unfortunately both receipts for the balance in cash of £600 each is still at the cottage or my ex-partner has destroyed.

Roger

Expert:  Clare replied 2 years ago.
Hi
That is excellent news.
Whilst your dogs are no doubt precious to you as personalities in themselves in the yes of the law they are possessions - and your possessions at that.
Accordingly you can apply to the court for the financial value of the dogs using money claim online
https://www.moneyclaim.gov.uk/web/mcol/welcome
Within that application you can ask for the return of your "goods" (the dogs) - and are likely to be successful.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare,

I've been on the site "money claim.gov.uk", reading how to make an application it only mentions money debt not belonging such as dogs, furniture and paintings.

Should I make two separate claims, one for the dogs and the other belongings?

Should I wait for the criminal case to be heard on 12th February 2015.

Kind regards,

Roger.

Expert:  Clare replied 2 years ago.
Hi
]My apologies
I shoudl have made it clear - you assign a value to the dogs and goods - thus it becomes a money claim.
Alternatively you can do it by post - the form is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi again Clare,

If on the 12th February 2015 I am found Not Guilty by the Magistrates of Assault by Beating, I'm entitled to compensation.

1. By the Crown by being apart of this set-up

2. By the Prosecution witness for colluding to remove me from the cottage and for the misery they have cause my family and myself.

Regards,

Roger.

Expert:  Clare replied 2 years ago.
Hi
I am afraid the answer to both questions is no there is no compensation payable
Clare
Customer: replied 2 years ago.

Thank you for answers to my two questions,

I find it hard to believe that police officers can delude court direction, be apart of a criminal deception to remove me from my home. Yet they can carry on being police officers in the UK being paid by the state. Surely this should be addressed.

Roger.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that they were simply doing their job and responding to the accusations made by your ex - it is sadly not uncommon
Clare
Customer: replied 2 years ago.

Is it their job to sit in their police car in a remote village of Rutland, not knowing when I'm going to return home. Yet can arrive 5 minutes after I arrive home to arrest me, unless it was all arranged.

Roger.

PS My ex-partner has never said that I've abused her in any way.

Expert:  Clare replied 2 years ago.
Hi
I am sorry but again there is nothing you can do except make a formal complaint - there is no compensation that you can claim
Clare
Customer: replied 2 years ago.

A formal complaint to whom?

Roger.

Expert:  Clare replied 2 years ago.
Hi
The Chief Constable - but only after you are acquitted
Clare
Customer: replied 2 years ago.

Thank you Clare,

Thats what I wanted,

Roger.

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare

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