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Hello my name is ***** ***** I will help you with this.
For now please let me know when the resident last acknowledged they had the furniture?
I never questioned her about the furniture before 2007, because it was self evidently there. Her staements
Sorry, I tried to correct a spelling an it just seemed to send itself! (don't you just hate tablets?) I was visiting the children until 2007 and it was obviouslt all there then. I did not go to the house after 2007, so I do not know when it was disposed of, but she did ask me if I wanted to take my personal possessions after I got married in 2009, as I stated in my claim. I first asked her for my personal possessions in November 2013.
I am on my Mac now!
I didn't even realise it was an interactive screen. I need to get this through to court, so that I can find out what happened to my furniture. After that I will pursue my other personal possessions, that have little or no financial value.
Well this is a different matter, this is Bailment. The Limitation Act only applies to contract etc.
But Bailment (which is lending furniture) is not subject to the limitation act
Can I clarify anything for you about this today please?
If you say so! I have no idea about that. It is indeed lending furniture. How do I reply to the N244A form?
You dont need to. Its only if the Court lists it for a hearing of the application]
No, I have a Notice of hearing of Application, which is where she has sought an order for the claim to be struck out
Ah ok - then you just need to file a statement in opposition
Say why you dont think it should be struck out.
Serve that on the Court and the other side
Does that help?
It does. Do I need a specific form on which to make a statement of opposition.
Also should I mention Bailment?
i.e. Why do I not think it should be struck out?
No, you just need to file a statement, no form needed and say why you think it should NOT be struck out
Yes mention bailment
Well thank you very very much. I have a great angle now. I am going to say, the furniture was there, it is not there now and the law covering this is Bailment, not contract law, and the Act of Limitations is not appropriate!
Can I clarify anything else for you?
It all too easy to fall in love doing chat!
Alex, that was so useful I could cry. Thank you.
I think I will write my answer out now, and post it to you later (here) if that is ok. Then I can post it off to the court tomorrow.
No, I think I understand it now. I will write more or less as I described a few lines ago. You can put your feet up, and carry on watching A Place in the Sun.
Can I help with anything else today?
I hope you will be available a bit later (6:30 to 7:30) because I will have researched Bailment, written a Statement, ready for posting tomorrow. I think it would be great if you could review that for me?
Statement of Objection
Please paste the whole thing when you have done it, otherwise it keeps coming back to my inbox - thanks!
My objection to Defendant’s application for the claim to be struck out is primarily based on the law regarding Bailment which deals with the transfer of possession of goods and chattels, and not its ownership. The furniture and the lending of it is not subject to the Act of Limitation under this criteria. The Act of Limitation applies, I believe, to Contracts etc.
It might also be noted that the furniture was in the jointly owned property in 2007. As I have no idea when it was disposed of and it was not until November 2013 that it was brought to my attention that it was no longer in the property the Act of Limitations would not apply anyway.
The defendant can be expected to exercise a normal duty of care for the furniture until its return to the owner.
What do you think?
Yes that appears to be fine.
I would just say that the application should be dismissed and any objections to the claim raised at trial
Again, that does help. I have spent money on Solicitors, and talked to so many people, but none of them have raised what is the most applicable law here. Even the defendant has access to a solicitor, and got it wrong. You are very good. I hope you have the success your ability deserves. Thank you so much Alex.