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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi. I have made a clain through the small claims court on a

Resolved Question:

Hi. I have made a clain through the small claims court on a N1 form. The Claim goes as follows :
Between 2009 and 2014 Miss P J Hale disposed of, sold or destroyed a substantial dining suite of furniture that was a gift from my late brother Terrence to me. I left the furniture in the house that is jointly owned by Miss Hale and me in June 2000. It was in use by the family since that date. The 'Old Charm' sideboard and matching dresser was in use there when I last visited in 2007, and the 8 seater dining table and four chairs were stored in the garage. I was asked if I wanted to take my personal property in a telephone call in 2009. I stated my preference not to take the items, because I was still in rented accommodation and that I thought it was safer at the Goylands address. Following my query, on 13 November 2013 Miss Hale stated that I removed my belongings 'as at the date of separate (sic) thirteen years ago'. I requested the return of my furniture on 16 November 2013. Miss Hale again states I took all my personal belongings at that time (the 'point of separation') on 10 December 2013. I requested the return of my personal property again on 11 July 2014 and no reply from Miss Hale's solicitor's or herself has been received. I visited the house on 16 August 2014, and found that the furniture was not in the house or the garage. Comparable furniture, manufactured at the same time by the same manufacturer, is currently selling for a total of £1905.
Miss hale has submitted the following on a N244A form:
I request that the claim be voided because it is statute time barred, under the Limitations Act 1980. The claimant is pursuing a claim from the year 2000, I believe that under tort law these claims have limitation of 6 years, which makes the limit for a claim have been started before or in 2006. The claimant started pursuing this in 2013 by his own admission in his case particulars. I believe the claimant has no reasonable grounds of success and therefore I seek the claim to be struck out. If the case is struck out then I request that the claimant shall pay me for the costs of this application.
I have until 4 December to get my statement of objection in. What form do I use for this? Generally, what do you think of the show so far?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know when the resident last acknowledged they had the furniture?

Customer:

I never questioned her about the furniture before 2007, because it was self evidently there. Her staements

Customer:

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.

Customer:

I am on my Mac now!

Customer:

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.

Alex Watts :

Thanks.

Alex Watts :

Well this is a different matter, this is Bailment. The Limitation Act only applies to contract etc.

Alex Watts :

But Bailment (which is lending furniture) is not subject to the limitation act

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

If you say so! I have no idea about that. It is indeed lending furniture. How do I reply to the N244A form?

Alex Watts :

You dont need to. Its only if the Court lists it for a hearing of the application]

Customer:

No, I have a Notice of hearing of Application, which is where she has sought an order for the claim to be struck out

Alex Watts :

Ah ok - then you just need to file a statement in opposition

Alex Watts :

Say why you dont think it should be struck out.

Alex Watts :

Serve that on the Court and the other side

Alex Watts :

Does that help?

Customer:

It does. Do I need a specific form on which to make a statement of opposition.

Customer:

Also should I mention Bailment?

Customer:

i.e. Why do I not think it should be struck out?

Alex Watts :

No, you just need to file a statement, no form needed and say why you think it should NOT be struck out

Alex Watts :

Yes mention bailment

Customer:

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!

Alex Watts :

Indeed.

Alex Watts :

Can I clarify anything else for you?

Customer:

It all too easy to fall in love doing chat!

Customer:

Alex, that was so useful I could cry. Thank you.

Customer:

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.

Customer:

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.

Customer:

Thank you.

Customer:

Trevor

Alex Watts :

Thanks Trevor.

Alex Watts :

Can I help with anything else today?

Customer:

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?

Alex Watts :

ok

Customer:

OK!

Alex Watts :

Thanks

Customer:

Statement of Objection

Alex Watts :

Please paste the whole thing when you have done it, otherwise it keeps coming back to my inbox - thanks!

Customer:

Statement of Objection

Customer:

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.

Customer:

What do you think?

Alex Watts :

Yes that appears to be fine.

Alex Watts :

I would just say that the application should be dismissed and any objections to the claim raised at trial

Alex Watts :

Does that help?

Customer:

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.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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