I did not actually put any money into the property, my ex partner bought it. The only monies I put into it were £500 which went towards the deposit, monthly mortgage contribution of £400 for 1 year and the furniture etc which I paid for in full or split 50/50.
To be honest all I want back is the belongings we agreed on but do not know how or if this is possible?
The items I am asking for only cost a total of around £400 and it is the belongings that I want.
He agreed that I would have these items back in October, but is now refusing to return them to me. He Says on reflection he has changed his mind. But as he did not pay for them alone, they are not actually his to keep! He thinks he has reimbursed me adequately for any contributions I made to the flat - the thing is, he hasn't really reimbursed me anything!
Anyway, as I say it is the belongings which I would like to get back. But if he is refusing, can I threaten to claim for all monies I put into the flat whilst living there? Now that I have signed paperwork putting the flat in his name only?
The problem here is that unlessthis is Small Claims Court, the cost of bringing an action in the family Courtis going to be more than you are arguing over.
You could try issuing a smallclaims court claim for £400 www.moneyclaim.gov.uk but it might getreferred to the family Court because of what is involved so you need to make sure it is just a money claim.
I'mgoing to make a suggestion to you whichsometimes works and is probably about as powerful a message as you can send.
Instead of using the onlinesystem, downloadthe court form N1 , you can also get explanatory notes
and send it, duly completed,with a coveringletter with words to the effect of, here are the proceedings that I havealready completed and if you do not roll over and pay up, they will be goingoff to the court on a certain date. Give them until a particular date ratherthan a number of days and then there can be no dispute over when the deadlineexpires.
I would not send that form offto court but Iwould use the online system because it saves you 10 quid!
You can add in what extra costs you like.
If you lose, these are the costs you will lose.
Does that answer the question? Can Iassist any further?
I am happy to follow up any individualpoint you make
I am online and off-line each day andmost weekends so please bear with me if I do not come back to you withinnanoseconds.
Please don't forget to positively ratemy answer service (even if it was not what you want to hear). If you don't rateit positively, then the site keep your deposit and I get 0 for my time. It isimperative that you give my answer a positive rating. It doesn't give me "a paton the head", "good boy" (like ebay), it is my livelihood!If in ratings you feel that you expected more or it only helped a little,please ask. Thank you.
Thank you for this.
I believe this is just a money claim, but if I was to claim at small claims court, for what reasons might this claim be transferred to the family court?
I have read the form N1 and explanation notes. Just a few questions on that.
Do I need a solicitor as the form asks for the claimants solicitor name and firm address?
If I was to end up needing to send the form off through the online system would I end up having to pay anything if I loose?
Am I within my rights to claim for my monthly mortgage payments that I made during my time living in the flat?
Are you able to tell me how likely it is that my claim would be successful?
I think my questions should end after this so would be grateful for any answers you can give me before I decide to go ahead and take the action you have suggested!
It would be transferred if there was an issue over the house.
You don't need a solicitor, just DiY. It isnt worth paying solicitor because you will not recover those costs.
You just end up losing court costs if you use the online system.
If you claim mortgage payments it is likely to be moved from small claims court although if you are sending it to him on paper to force the issue he doesn't know that.
You cant claim mortgage payments for the time you lived in the property even if he paid £0.
Does that answer?