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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 782
Experience:  Solicitor with over 15 years experience.
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want to reclaim my property, can the police do me for thef

Resolved Question:

want to reclaim my property, can the police do me for theft?

Basically my mum who is now dead cleared all my property out my house 6 years ago and gave it to sister without my permission. Property is valuable.

Anyway sister is now selling house so thought I would get estate agent to show me around and then take possession of my stuff. Will police say civil matter or could I get arrested and charged for theft of my own stuff?

Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with 20 years experience I will try to help you with this.

Customer:

Yes, I want to pitch up at sisters house and take my stuff

LondonlawyerJ :

What steps have you taken to try and get your stuff back.

LondonlawyerJ :

so far.

Customer:

I have asked for it and she will not respond to emails and has threatened me witha RO but there is no way she can get a RO as I have not threatened her

Customer:

I am vulnerable adult and this means I am less likely to get arrested as it is hassle for the police to get an appropriate adult

Customer:

the property was stolen in 2008 so over the 6 year limit but I can get an extension to that as I was in hospital for several months under a section of MHA with bipolar

Customer:

they also falsely reported me to the police once for allegedly sending them a threatening email. I did send an email threatening to report her to the GMC as she is a doctor and she told me to f off and kill myself which practicing doctors should not really say to a depressed person

Customer:

police let me go saying that threatening to report a doctor to the GMC is not a criminal offence

LondonlawyerJ :

You can trespass to get your stuff and you can not force your way in. You should write to her listing what is yours and telling her you wold like to collect it. You can suggest a date and time. If she doesn't respond then you need to decide what to do. You could turn up at the time you suggested and see what happens. Don't do this if you fear that there may be trouble or false accusations made. It might be a good idea to go with someone as a witness.

Customer:

that is the problem though. I know she has my table and a lightshade that cost me 200 but I will not know the full extent of the theft until I look round the property

LondonlawyerJ :

Des she dispute that you own the iitems?

Customer:

there will be false accusations that is what she is like. The only time I saw her in the last 6 years I surreptitiously recorded it as I thought there would be a false allegation of assault or something else ludicrous

Customer:

she refuses to respond to my emails and I do not want to go to her house shouting the odds as she would call the police and have me arrested

LondonlawyerJ :

I am not sure that time limit would apply to this. If your mother gave your sister your things for safe keeping that is not unlawful if there is a time limit running it is from the date you asked for your things and she refused.

Customer:

I thought I could ask the estate agent for a viewing and then just start collecting the stuff once I have access to the property. There is no way she would let me in the house but an estate agent would, especially if the viewing was in someone else's name

LondonlawyerJ :

How much are these things worth?

Customer:

it was not given for safe keeping. my mum basically encouraged me to sell my house which I did and then moved into the house and rented it off the builder who bought it, then she told me to put the money from the house into her account so she could help me with budgeting then she left the country with the cash and I was homeless. my mum was a cow but is now dead

Customer:

table worth about 300. star light pendant cost me 200 in 2003 so would be more now to replace

Customer:

there is a lot of other stuff in there too but I cannot assess that unless I look round the property

LondonlawyerJ :

did yo get anything when your mother died?

Customer:

no I got jack. she stole 35K and dad still living in France claiming he is a straw man so I am screwed cannot get the cash back now

LondonlawyerJ :

I a very sorry to hear that. In order to get the monetary value of your things from your sister you will need to bring a claim in the small claims court if you follow this link it will take you to the Government site about bringing a claim https://www.gov.uk/make-court-claim-for-money/overview

Customer:

yes I know about small claims, only problem is 6 year limit as this was nicked in may 2008, but I was in hospital for 5 months and not well enough to sort stuff out so should get an extension

Customer:

best thing would be to do a viewing and photo my stuff

Customer:

then I can draw up a list of what is mine and get an extension granted due to ill health

LondonlawyerJ :

In your claim just state that your mother gave your property to your sister, don't say why, it is not relevant. Then you can say the time limit starts to run from when you 1st asked her. Do not even mention limitation in your claim as your sister may not raise it and you don't want to giver her ideas.

Customer:

ah that is a clever move. I will book myself a viewing then!

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 782
Experience: Solicitor with over 15 years experience.
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