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.
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.
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?
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.
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?