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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My Aunt who is 86with Alzheimers and in a care home, and myself

Resolved Question:

My Aunt who is 86with Alzheimer's and in a care home, and myself age 72 have been taken advantage of by a neighour of hers.
Altho he started out helping her for nothing while I was living in Greece, he later was paid £15 an hour for 3 hours + £5 for petrol. I sent him a valuable guitar as future payment for his help, but as the months went by, he began making more visits than we'd agreed upon (twice monthly for £100 incl petrol) and was withdrawing funds weekly using her bank card. He to use it as her LPO. Then I discovered that he had bought himself a jacket at Levi Strauss for £176. After weeks of asking I finally got him to take the card to our accountant who gave him £200 for my aunt's petty cash needs . But he sent an invoice showing he had paid himself all of the money and we now owed him £33 for a lunch and that £150 of the funds he had paid himself for sewing labels in her clothes.. He also charged me after he 'd done work for me at £100 a day for helping me pack and unpac., I paid £1250 of a £2500 charge he later invoiced me for. I said that I never would have paid more than £50 a day for packing help. Because we have paid him so much money, I asked him to return the guitar. He refuses saying that a gift is a gift. But it was a gift with an expectation of future work which he has been now paid

How can I get the guitar back from him? I have not transferred the Martin registration papers as original owner, to him and he has no document from me saying that it's a gift free and clear. We spoke on the phone most of the time.

Is there anything I can do?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.

If the guitar was handed to him in anticipation of future work which was not carried out, and he is refusing to return it, then you may go to court to get an order asking him to return it to you as he did not fulfil his part of the bargain.

Perhaps you can get a local solicitor to write a letter to him pointing out that as he did not provide any consideration in exchange for the guitar, he is not legally entitled to keep it and should return it. This may work.

If it doesn't, you would need to go to court for an order by completing form n1 and filing it with your local county court.

This guide will help

The final decision whether or not to make the order will lie with the court.

May I help further?
Customer: replied 2 years ago.

Is this a police matter? Can they do anything?

Expert:  UKSolicitorJA replied 2 years ago.
No, it is a civil matter. The police will not be interested.

UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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