AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
AlexWatts2013 : I am sorry to hear about the breakdown of your relationship, I know it can be hard. Was it ever agreed the ring would be returned if you split up please? Did you give the bikes to her or were they always yours? Please note I will be on and offline today.
JACUSTOMER-66lpx64l- : All the items were for our use but belonged to me, the ring was bought and I did say if we broke up i would want the ring back
AlexWatts2013 : Did you buy it was it an heir loom? Did she agree to give it back if you split up? Did anyone witness the conversationz.
JACUSTOMER-66lpx64l- : She didn't comment she laughed , There were no witnesses. I took a £10,000 dividend from work to buy the ring , I bought the ring brand-new for £5800 , I have a tax implication on the purchase for which I need to pay in 12 months time. I have all the documents for the ring and the receipts I have also purchased insurance on the ring, She suggested that I make a fraudulent claim to me to my losses from the insurance company, I would never do this
AlexWatts2013 : Broken engagements can be very painful and confusing. On top of all the emotional distress, you must decide who keeps what.The legal position for engagement rings at least is governed by section 3(2) of the Law Reform (Miscellaneous Provisions) Act 1970, which states:The gift of an engagement ring shall be presumed to be an absolute gift; this presumption may be rebutted by proving that the ring was given on the condition, express or implied, that it should be returned if the marriage did not take place for any reason.Although it seems unfair, this means that unless there was an agreement to return the engagement ring if the wedding is cancelled -- which a court could imply if the ring is a family heirloom -- a fiancé/fiancée is under no obligation to return the ring.
AlexWatts2013 : However bearing in mind it was discussed that your ex would return the ring if you split up then you can take your ex to court and ask the court for an order that your ex deliver up the ring together with the cycles.
AlexWatts2013 : It would be up to you to show that any agreement existed as the default position as above is that it does not.
AlexWatts2013 : Therefore you would do well writing to your ex demanding the items back within 14 days or specify you will go to court and seek an order that they are delivered up within 14 days. If your ex refuses then you can issue proceedings by competing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and taking it to your local county court. There is a fee of £175 to issue the claim.
AlexWatts2013 : The court will then list the matter for a hearing and decide whether or not to make the order. If your ex refuses they could be held in contempt of court by refusing a court order which means they could be subject to a fine, sent to,prison or indeed both?
AlexWatts2013 : Can I clarify anything about this for you today plesse? Alex
JACUSTOMER-66lpx64l- : Thank you for that info, I shall proceed on that basis
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