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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33304
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner and I have just split up after we lived together

Customer Question

My partner and I have just split up after we lived together for 6 months. I bought 3 settees in my name while we were together. They are on hire purchase. My partner asked if she could take one with her when she moved out. I said she could if she paid me either £15/month for next 3 years or £500 cash. She now has the setteebut refuses to pay. What are my rights? It seems like theft to me. She also now refuses to acknowledge any of my texts or email messages

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question
Did she ever confirm via text or email that she would pay the money
Claire
Customer: replied 3 years ago.


Hi Claire. No, because we were living together when we made the arrangement. Surely she cant just take something from my house that belongs to me?

Expert:  Clare replied 3 years ago.
Hi
How much is outstanding on the Sofa that she took with her?
Claire
Customer: replied 3 years ago.


The sofa cost £599+£50 stain cover. It is on interest free credit for 42 months and 7 months have been paid so that leaves about £541 outstanding

Expert:  Clare replied 3 years ago.
Hi
Then I suggest that you use Money claim online https://www.moneyclaim.gov.uk/web/mcol/welcome
and sue her for the balance outstanding
Claire
Customer: replied 3 years ago.


Ok. I just wanted to make sure that I was right about her having to pay for something that she has taken. Are there any legal terms that I should quote?

Expert:  Clare replied 3 years ago.
Hi
You have two options and I suggest that you take the simplest one first - sue her for the money on the basis of the verbal agreement that was made.
The sofa was clearly yours as you are still paying for it.
You agreed she could have it if she paid you £500 - she has the sofa and you are entitled to the money.
The alternative is to sue her for the "Tort of Conversion" - she has an item of yours and you require compensation for it
Claire
Customer: replied 3 years ago.

Hi Claire One last question. I have sued her for the money as you suggested. Not heard anything back yet, but was wondering how I would stand if she brought the sofa back and left it in the front garden while I was at work? Personally, I wouldnt want it after she has had it for a month with her new man, but would I just have to accept it and cancel the debt?

Thanks

Dave

Expert:  Clare replied 3 years ago.
Hi
Provided it was returned in good condition then this would be the most sensible way forward
Claire

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