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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need to make an application for delivery up of goods. I cant

Customer Question

I need to make an application for delivery up of goods. I can't seem to find any information online on how to do this. Could someone point me in the right direction. It is to request the return of items from my property where my Ex partner lives with my children. They items are mainly white goods, tools, TV, Games consoles, video camara, laptops etc..
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children and were you married?
Clare
Customer: replied 2 years ago.

My Children are 20 months and 6 years old. I'm aware as part of the children's act I have to provide a property for them.


 


I was never married and the goods in question belong to me and were bought with my own money. I've requested the items several times but she has refused to return them and hasn't replied to my last request by letter well over a month ago. This was the 3rd letter detailing items belonging to me that I wish returned.


 


All arrangements for the children have now been sorted through the courts with a contact order. This has left me very much in debt and so I am unable to afford new items such as a washing machine, TV, power tools etc for my new place.


 


I pay child support through the CSA so the children are being supported.

Expert:  Clare replied 2 years ago.
Hi
Your way forward is to make an application for the value of the items using the Money Claim Online service here
https://www.moneyclaim.gov.uk/web/mcol/welcome
It will then be up to her whether to return the items - or pay you their value.
As a word of warning she could make a counter claim using Schedule 1 of the Children Act in respect of those items that are relevant to her care of the children - such as the Washing machine - but clearly not your Games Console power tools etc
You may wish to bear this in mind when you make your claim
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

So are you saying that I need to make a money claim not an application for delivery up.


 


I assume then I just have to add up the amount it will cost to replace these items and then make a small claim. This is not what other legal advisers have said, I'm now a little concerned that this is the correct route.


 

Expert:  Clare replied 2 years ago.
Hi
Whose has suggested that you use Injunctive proceedings in this way?
Clare
Customer: replied 2 years ago.

The solicitor that dealt with children's contact order. I don't have any more money to spend on legal fee's, this is why I am on this site as I don't seem to able to find the correct forms to fill out for the delivery up of goods.


 


If you are saying that is not what I need to do then I will make a personalclaim, I assume I just need to tot up the cost to replace the items?


 


Can you confim that the application for delivery up of goods is not what I should be doing and if so why?


 


Regards,


 


Jamie Webb

Expert:  Clare replied 2 years ago.
Hi
The application for a Delivery up of Goods is a form of Injunctive relief - an emergency application as part of an overall claim - not a stand alone matter.
Such applications are also expensive and the outcome is not guaranteed unless there is an urgent need for those items
Accordingly you should issue the application for the value - but if you would rather have the goods then do not use Money Claim on line instead make the application in the County Court and list the recovery of the goods as an alternative to payment of the lump sum
Clare
Customer: replied 2 years ago.

Ok thanks for that,


 


So are you saying I need to either go down the route of an application to the court or a money claim. I wanted to express to the court that the only reason I would be making a money claim is I have no alternative as she just refuses to return the items.


 


I assume I can detail this along with the breakdown of individual items and the cost to replace them when making the claim.

Expert:  Clare replied 2 years ago.
Hi
I am sorry I should have made myself clearer.
If you decide to use Money Claim Online to file your case you can only claim money.
If you go direct to the County Court then you can apply for 1. The goods to be returned or 2. Compensation in lieu
This allows you to pursue both options at the same time!
Clare
Customer: replied 2 years ago.

So its the second option that I would prefer to do, the count court application. To do this do I need to go to my local court and file a claim with them?


 


If so can you tell me what the claim is that I need to make? When I tried before to look for information on this I couldn't find anything. This is how I've ended up on this site. Is there a specific form I need to fill out or request from my local court? Can this be done online or can I perhaps download the correct form fill it in and then file it with the court?

Expert:  Clare replied 2 years ago.
HI
You are making a claim for the value of the goods
the form is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The return of the goods is simply one of the options that you list
Clare

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