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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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"I was "dating" a guy for a short while (4 months). During

Customer Question

"I was "dating" a guy for a short while (4 months). During that time I lent him a tv and a microwave. We then split up. He had left a few items of his at my house. He sent me a text demanding I return his things and he would return mine - I responded say..."

I was "dating" a guy for a short while (4 months). During that time I lent him a tv and a microwave. We then split up. He had left a few items of his at my house. He sent me a text demanding I return his things and he would return mine - I responded saying I would once I had time to search them all out - I was not aware of some of the stuff he left - he brought them in without my knowledge.

As I didn't reply immediately he then sent a text "telling" me what he would keep and what I could keep. He then returned my microwave and I returned the things he demanded. I sent him an email saying he could keep the tv as I felt I had no choice. There were many occasions in our relationship where he gave me a "fait accompli" scenario. He also sent me emails telling me he had bought me a bike and that I could have the bike.

He now has the bike and the tv and I have a few bits of his that he has said is a swap - but he knows I don't want his things. I want my tv back. Or a bike to the equivalent value.

A friend thinks this is coercion on his part and I would like to know if I have any rights here?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

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. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is the value of the outstanding items please?

Customer :

approx £200

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

Customer :

If I have stated - in writing that he can keep the tv - does that weaken my case? He stated in writing he would give me a bike - but never did.

Alex Watts :

No, it does not weaken it at all.

Alex Watts :

The fees for a small claim are very limited

Alex Watts :

In fact it shows you are being reasonable

Customer :

ok - thank you. kim

Alex Watts :

All the best KIm

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer :

OK Alex - thanks for your help

Alex Watts :

All the best

Alex Watts :

Please remember to leave feedback before you go today - thank you.

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