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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex wife is witholding a motorcycle from me.She has used

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My ex wife is witholding a motorcycle from me. She has used it since new though the V5 and finance are in my name. I have paid everything for the bike thus far except insurance and tax since the first year ran out. The bike is 2 years old. I have told her I want it back and said I withdraw my permission for her to ride it, however, she is threatening to take me to court to get possession of it claiming it is hers as she's ridden it and part of the divorce settlement (she bought my out of the family home) was to cover it. The bike was never subject to such agreements, and is not mentioned in the divorce papers. Her solicitor did reduce the amount I received by adding stamp duty (later refunded) and discounting the payment saying this was the legal fee had the house being sold. The house hasn't been sold and my ex wife has paid and additional £3k to remedy this. I said she could have the bike if she took over the finance payments, however, she refuses to do this and says I must keep up the payments and give her the bike. I can't afford to do this but don't want to default on the finance agreement, she has the bike locked in a garage to which I have no access, though I did manage to get a chain on it to prevent her using it. She gets free legal advice through work and is rich enough to keep threatening me with legal action over small issues which I cannot afford to contend. How do I get my bike back?

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
For clarity - you are still paying the finance associated with the Bike?
Why was this not dealt with within the financial side of the divorce?
Clare
Customer: replied 2 years ago.

Hi Clare.

I am still paying the finance on the bike, but really can't afford to do so. She refuses to take up the finance payments.

The divorce was a disaster, she has a friend who is a judge who has advised her and I couldn't afford a solicitor.

The agreement was that I kept my property, she kept hers. The only argument is the bike because that's the only thing I have that she wants. She has only argued over the bike now I have told her I want it retuning.

That said I am still trying to get access to remove other property, she agrees a time I can go round and then changes her mind when I arrive, deciding its not convenient. She then rants about booking a house clearing company to remove my stuff and suing me for the cost.

Expert:  Clare replied 2 years ago.
Hi
Was there a final financial order and if so what does it say about contents?
Clare
Customer: replied 2 years ago.

It says what we wanted, a 50 50 split of the house and we retain our own property.

Trouble is, her solicitor hasn't sent me a copy of any of it.

Expert:  Clare replied 2 years ago.
Hi
Are you sure it was sealed by the court?
Clare
Customer: replied 2 years ago.

I think so, I've seen a paper that says the order was sealed in June.

She is claiming I had 6 weeks from that date to retrieve my stuff though I never had a copy of it.

Her solicitor has my new address but has never sent me anything.

Expert:  Clare replied 2 years ago.
Hi
have you received your Decree Absolute direct from the Court?
Clare
Customer: replied 2 years ago.

Yes.

Expert:  Clare replied 2 years ago.
Hi
Have you called the court and asked for a copy of the Financial Order?
Clare
Customer: replied 2 years ago.

Can I do that?

Do I need a case number?

She kept all the documents and her solicitor won't talk to me...

Expert:  Clare replied 2 years ago.
Hi
Your starting point is to contact the court - quote the case number ***** the Decree Absolute - and ask them to send you a copy of the Financial Order - if there is one.
The way forward will depend on what it actually says.
I can outline the possibilities now - pr we can wait until you have the order/know there is not one.
Which would you prefer?
Clare
Customer: replied 2 years ago.

Hi Clare,

Can I just say thanks for your help so far? You are a great help.

Things have changed a little this evening.

She won't let me have access to the house to retrieve my remaining property as we had arranged. She says the consent order gives her ownership of my property after 6 weeks?

I didn't sign anything to that effect.

Is that common?

She says she is going to sell my stuff, some sentimental low value and some high value, to recoup her legal costs.

She admitted the bike is mine legally, but she is keeping it because morally it should be hers? I'm starting to worry about the safety of the children if she is stating things like that...

Expert:  Clare replied 2 years ago.
Hi
Did you never see the Order and read it?
Clare
Customer: replied 2 years ago.

I was given a few minutes to read and sign it, under duress, There was no mention of any personal property changing hands other than the house.

Certainly no time limits to remove my property either, though I have been trying to gain access for some time and she changes her mind like the wind.

I'm worried she'll sell my things, as I said, there are some albums I played guitar on and they are irreplaceable.

Update 05/09/2014

She emailed this morning to say I could come and get some stuff. I'm limited to one room in the house but I can get most of the stuff.

She is now taking me to court over the bike because she wants it and knows I can't afford to get representation.

I guess having the V5 in your name and paying for it doesn't compete with money for a lawyer eh?

Expert:  Clare replied 2 years ago.
Hi
Do NOT worry - this is one you can win.
First do get a copy of the Order - it will help us to work out the way forward.
Do whatever you need to encourage her to make the court application - it will save you having to pay the court fee
From what you have said I have no doubt that you will be successful - but we need the order to work out the strategy!
Clare
Customer: replied 2 years ago.

I've requested the details this morning.

thank you, ***** ***** :)

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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