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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice
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I was given a present of some shoes for Christmas by my exgirlfriend

Resolved Question:

I was given a present of some shoes for Christmas by my exgirlfriend ,the shoes were too small and returned to the shop for a credit note.
we used the credit note plus two cash contributions by my girlfriend and myself to purchase a hold all bag.
I had to purchase a further item to get further discount on my purchase.
my girlfriend has kept this item and said it is no longer my property.
during an argument I took a present that I had also bought her but have since returned it.
she has informed me that there are also 2 gifts missing which I do not have.
the hold all bag I contributed in payment for.
how can I retrieve this item legally.
many thanks Declan
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was this a present for your girlfriend please?
Customer: replied 2 years ago.

no it was a present that was for me.

Expert:  Jo C. replied 2 years ago.
So she is refusing to return a present that was given to you?
Customer: replied 2 years ago.

yes.

I had also damaged a wall at her house.

which I supplied the materials to repair and offered to do this as it would have taken no longer than 1 hour,at a time to suit us both.

also her mothers car was scratched which she accused me of doing .

which is totally untrue as there is no evidence and just a coincidence at the time.

she is trying to say the money I paid towards the bag should be written against the cost or repair to the above.

Expert:  Jo C. replied 2 years ago.
how long ago was the damage please?
Customer: replied 2 years ago.

over 4 months ago

Customer: replied 2 years ago.

the damage to the car which I did not do was around the 22nd of june .

the wall was damaged around the start of may

Expert:  Jo C. replied 2 years ago.
Thanks for the information.
You are entitled to the items back. You were given them. They are gifts therefore and belong to you.
However, the risk is that she could report the criminal damage. They do only have six months to lay an information before a court to prosecute you and time is very short but its a risk that you face.
She could sue for the cost of putting right the damage though for a much longer period. She is entitled to that sum I'm afraid and does not have to accept your offer to repair it yourself.
I'm very sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
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